senate Bill S3553A

Signed by Governor

Provides for the requirements in absentee ballot applications for village elections to conform to state board of election absentee ballot requirements

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 05 / Feb / 2013
    • REFERRED TO ELECTIONS
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS
  • 24 / Mar / 2014
    • 1ST REPORT CAL.323
  • 25 / Mar / 2014
    • 2ND REPORT CAL.
  • 26 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 14 / May / 2014
    • AMENDED ON THIRD READING 3553A
  • 21 / May / 2014
    • PASSED SENATE
  • 21 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 21 / May / 2014
    • REFERRED TO ELECTION LAW
  • 12 / Jun / 2014
    • SUBSTITUTED FOR A5065A
  • 12 / Jun / 2014
    • ORDERED TO THIRD READING CAL.225
  • 12 / Jun / 2014
    • PASSED ASSEMBLY
  • 12 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 11 / Aug / 2014
    • SIGNED CHAP.289

Summary

Provides for the requirements in absentee ballot applications for village elections to conform to state board of election absentee ballot requirements.

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Bill Details

See Assembly Version of this Bill:
A5065A
Versions:
S3553
S3553A
Legislative Cycle:
2013-2014
Law Section:
Election Law
Laws Affected:
Amd §15-120, El L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1557, A3685
2009-2010: S3251B, A4232C
2007-2008: A9598

Sponsor Memo

BILL NUMBER:S3553A

TITLE OF BILL: An act to amend the election law, in relation to
absentee voting at village elections

PURPOSE:

Provides for the requirements in absentee ballot applications for
village elections to conform to state board of elections absentee
ballot requirements.

SUMMARY OF PROVISIONS:

Section 15-120 of the election law is amended as follows:

Section 1 is amended by removing subdivision a, and adds a new
subdivision a, and inserts subdivisions b through d. these
subdivisions set requirements for absentee voting at village elections
as shown below.

* Subdivision a: the qualified voter is absent from the county of
their residence; or

* Subdivision b: the qualified voter is unable to appear at a polling
place because they, or someone they are the primary care-giver for are
ill or have a physical disability; or

* Subdivision c: the qualified voter is an inmate or patient of a
veteran's administration hospital; or

* Subdivision d: the qualified voter is detained in jail awaiting
action by a grand jury or awaiting trial, or because they have been
convicted for an offense other than a felony, provided that they are
qualified to vote in the election district of their residence.

Section 4 is amended to detail what must be contained in an absentee
ballot when it is filed:

* Subdivision a: the absentee ballot must include the applicant's full
name, date of birth, residential address (including street and street
number), rural delivery route if it applies, a mailing address if it
differs from the residential address, their village, and the address
to which the ballot is to be mailed.

* Subdivision b: a statement that the applicant is qualified and
registered to vote.

* Subdivision c: a statement that on Election Day, the applicant
expects, in good faith, to be under one of the categories set forth in
subdivisions a through d of the above section 1.

* Subdivision d: states that the application shall permit the
applicant to apply for an absentee ballot for either a primary
election or the general election in any year and for those persons who
will be continuously absent from their county of residence during the
period between the fall primary election and the general election in
any year to apply for ballots for both elections in such year. A voter


who applies for an absentee ballot shall be sent an absentee ballot
for any special election or winter primary that occurs during the
period of absence specified in the application.

(The remaining changes made by this legislation are minimal)

JUSTIFICATION:

Village elections are governed by election laws that differ from
general elections. This has resulted in confusion for those who
administer the village elections and the village residents who vote.
This legislation would amend the Village Election Law for the
application and administration of absentee ballots to conform to those
methods used by other municipalities during primary and general
elections. In this, both the administrators and voters would use the
same methods to vote by absentee ballot as they would in all other
elections. This legislation would simplify and standardize the
absentee ballot application process so that voting during the village
election would be identical to voting during other elections.

LEGISLATIVE HISTORY:

S.1557 and A.3685 of 2011/2012
S.3251-B and A.4232-C of 2009/2010
A.9598 of 2007/2008

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3553--A
    Cal. No. 323

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sens.  CARLUCCI, AVELLA, DILAN, PERKINS, SAMPSON -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Elections -- recommitted to the Committee on Elections in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the election law, in  relation  to  absentee  voting  at
  village elections

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 15-120 of the election law, paragraph (b) of subdi-
vision 1 and subdivision 8 as amended by chapter  373  of  the  laws  of
1978,  subdivision  2  as  amended  by  chapter 279 of the laws of 1983,
subdivision 3 as amended by chapter 333 of the laws  of  1983,  subdivi-
sions  4 and 5 as amended by chapter 84 of the laws of 1986 and subdivi-
sion 6 as amended by chapter 216 of the laws of 1982, is amended to read
as follows:
  S 15-120. Absentee voting at village elections. 1. A qualified  [elec-
tor] VOTER of a village may vote as an absentee voter under this section
if  during  all  the  hours of voting on the day of a general or special
village election he OR SHE will be:
  [(a) Unavoidably absent from the county  in  which  his  residence  is
located because:
  i. he is a member of the armed forces of the United States of America;
or
  ii. he is a student matriculated at an institution of learning located
outside such county; or
  iii. he is a patient at a veterans administration hospital; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04494-02-4

S. 3553--A                          2

  iv.  his  duties,  occupation or business require him to be so absent,
provided, however, such absence is not caused by the fact that his regu-
lar and daily place of business is located outside of said county.
  (b)  Absent  from the county in which his residence is located because
he is on vacation outside said county.
  (c) He is the spouse, parent or child of,  and  resides  in  the  same
household with, a person qualified under any of the foregoing paragraphs
of  this  subdivision and will also be absent from said county by reason
of accompanying the person so qualified.]
  (A) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; OR
  (B) UNABLE TO APPEAR AT THE POLLING PLACE BECAUSE OF ILLNESS OR  PHYS-
ICAL  DISABILITY,  OR  DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE
INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED, OR  BECAUSE  HE  OR  SHE
WILL BE OR IS A PATIENT IN A HOSPITAL; OR
  (C) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (D)  ABSENT  FROM  HIS  OR  HER  VOTING RESIDENCE BECAUSE HE OR SHE IS
DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING  TRIAL,  OR
CONFINED  IN JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER THAN
A FELONY, PROVIDED THAT HE OR SHE IS QUALIFIED TO VOTE IN  THE  ELECTION
DISTRICT OF HIS OR HER RESIDENCE.
  2.  Each person entitled to vote as an absentee voter pursuant to this
section and desirous of obtaining an absentee ballot shall make  written
application  therefor  to  the  village clerk. Application forms for use
pursuant to this section shall be in a  form  prescribed  by  the  state
board  of  elections.  The  use  of  any  application which is on a form
prescribed by the state board of elections shall be acceptable.
  3. An application for an absentee ballot must be signed by the  appli-
cant.   Such application may require that the applicant submit a certif-
icate in lieu of any affidavit which shall state  that  the  information
contained in the application is true. Such certificate shall be accepted
for  all  purposes  as the equivalent of an affidavit and shall have the
following language printed in bold face type above the signature line:
        "I UNDERSTAND THAT THIS CERTIFICATE WILL BE ACCEPTED FOR
        ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT  AND,  IF
        IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT ME
        TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN."
  4.  THE  APPLICATION FOR AN ABSENTEE BALLOT WHEN FILED MUST CONTAIN IN
EACH INSTANCE THE FOLLOWING INFORMATION:
  (A) APPLICANT'S FULL NAME,  DATE  OF  BIRTH,  AND  RESIDENCE  ADDRESS,
INCLUDING  THE  STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE, IF ANY,
MAILING ADDRESS IF DIFFERENT FROM THE RESIDENCE ADDRESS AND HIS  OR  HER
VILLAGE AND AN ADDRESS TO WHICH THE BALLOT SHALL BE MAILED.
  (B)  A  STATEMENT  THAT  THE  APPLICANT  IS A QUALIFIED AND REGISTERED
VOTER.
  (C) A STATEMENT, AS APPROPRIATE, THAT ON THE DAY OF SUCH ELECTION  THE
APPLICANT  EXPECTS  IN  GOOD FAITH TO BE IN ONE OF THE FOLLOWING CATEGO-
RIES:
  (I) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; PROVIDED, HOWEVER,
IF THE APPLICANT EXPECTS TO BE ABSENT FROM SUCH COUNTY  FOR  A  DURATION
COVERING  MORE  THAN  ONE ELECTION AND SEEKS AN ABSENTEE BALLOT FOR EACH
ELECTION, HE OR SHE SHALL STATE THE DATES WHEN  HE  OR  SHE  EXPECTS  TO
BEGIN AND END SUCH ABSENCE; OR
  (II)  UNABLE  TO APPEAR AT A POLLING PLACE BECAUSE OF ILLNESS OR PHYS-
ICAL DISABILITY OR DUTIES RELATED TO THE PRIMARY CARE  OF  ONE  OR  MORE
INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED; OR
  (III) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR

S. 3553--A                          3

  (IV)  DETAINED  IN  JAIL  AWAITING  ACTION BY A GRAND JURY OR AWAITING
TRIAL OR CONFINED IN JAIL OR PRISON AFTER A CONVICTION  FOR  AN  OFFENSE
OTHER THAN A FELONY AND STATING THE PLACE WHERE HE OR SHE IS SO DETAINED
OR CONFINED.
  (D) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN-
TEE  BALLOT FOR EITHER A PRIMARY ELECTION OR THE GENERAL ELECTION IN ANY
YEAR AND FOR THOSE PERSONS WHO WILL BE CONTINUOUSLY  ABSENT  FROM  THEIR
COUNTY  OF RESIDENCE DURING THE PERIOD BETWEEN THE FALL PRIMARY ELECTION
AND THE GENERAL ELECTION IN ANY YEAR TO APPLY FOR BALLOTS FOR BOTH  SUCH
ELECTIONS IN SUCH YEAR. A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT SHALL
BE  SENT  AN  ABSENTEE BALLOT FOR ANY SPECIAL ELECTION OR WINTER PRIMARY
THAT OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLICATION.
  5. An application must be received by the  village  clerk  no  earlier
than  four  months  before  the election for which an absentee ballot is
sought. If the application requests that the absentee ballot be  mailed,
such  application  must be received not later than seven days before the
election. If the applicant or his OR HER agent delivers the  application
to  the  village  clerk in person, such application must be received not
later than the day before the election. The village clerk shall  examine
each  application  and  shall  determine  from the information contained
therein whether the applicant is qualified under this section to receive
an absentee ballot. The clerk in making such decision shall  not  deter-
mine  whether  the  applicant is a qualified elector, said determination
being reserved to the inspectors of election as is hereinafter  provided
in subdivision [eight] NINE of this section.
  [5] 6.  No later than six days before the election for which an appli-
cation  has been received and for which the village clerk has determined
the applicant to be qualified to vote by  absentee  ballot  the  village
clerk  shall mail, by regular mail, an absentee ballot to each qualified
applicant who has applied before such day and  who  has  requested  that
such absentee ballot be mailed to him OR HER at the address set forth in
his  OR  HER  application. If the applicant or his OR HER agent delivers
the application to the village clerk in person  after  the  seventh  day
before  the  village  election  and  not  later  than the day before the
election, the  village  clerk  shall  forthwith  deliver  such  absentee
ballots  for those applicants whom he OR SHE determines are qualified to
make such applications and to receive such ballots to such applicants or
the agents named in the applications  when  such  applicants  or  agents
appear in the village clerk's office.
  [6] 7.  The absentee ballot shall be caused to be prepared and printed
by  the  village  clerk  as provided by law for paper ballots or machine
ballots, whichever are to be  used  in  said  election  and  appropriate
modifications  for  the  purposes  of this section. He OR SHE shall also
cause to be prepared and printed return envelopes addressed  to  him  OR
HER,  conforming  so far as may be practicable to the provisions of this
chapter stating thereon that in order for the ballot  contained  therein
to  be  counted  it must be received by the village clerk not later than
the close of the polls on election day. On  the  reverse  side  of  each
return  envelope  there  shall  be written instructions for the voter to
insert at designated places his OR HER signature, his OR HER name print-
ed, his OR HER residence address within  the  village  and  his  OR  HER
village  election district if there be more than one district within the
village.
  [7] 8.  The method of marking, preparing and mailing such  ballot  for
voting  shall  conform,  wherever  practicable,  to the methods used for
absentee ballots for a general election, except  that  the  envelope  in

S. 3553--A                          4

which it is contained shall be returned to the village clerk. On the day
of the election, the village clerk shall deliver all such ballots, which
have  been  returned to him OR HER, in the sealed envelopes to the board
of  inspectors  of  election  of the proper election district.   No such
ballot shall be deemed to have been voted unless or until it shall  have
been  delivered  to  the board of inspectors of election of the election
district in which the elector casting the ballot resides and shall  have
been  deposited  by  the  chairman of such board in the box provided for
receiving such ballot.
  [8] 9.  When such ballots shall have been delivered to  the  board  of
inspectors  of  election  of the proper election district and shall have
been duly determined by such board to have been lawfully cast by a qual-
ified elector of such district, the chairman of such board shall,  after
the  close of the polls, open the envelopes containing such ballots and,
without unfolding such ballots or permitting  the  face  thereof  to  be
exposed  to  the view of anyone, shall deposit each such ballot in a box
specifically furnished for such purpose by the  village  clerk.  If  the
board  of  inspectors shall determine that any such ballot has been cast
by an elector who would not be qualified under the  provisions  of  this
section, then such ballot shall not be counted.
  [9]  10.    After  all  the ballots shall have been deposited, the box
shall be opened and such ballots canvassed in the same manner  as  other
ballots  cast  at such election and shall be counted and included in the
total of all ballots cast at such election.
  S 2. This act shall take effect immediately.

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