senate Bill S425

Repeals certain provisions of the election law and adds new section permitting a voter to vote by special ballot at the board of elections upon written statement

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO ELECTIONS
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS

Summary

Repeals certain provisions of the election law and adds a new section to such law permitting a voter to vote by special ballot at the board of elections upon submission of a written statement and verification of specific qualifications of such voter.

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Bill Details

Versions:
S425
Legislative Cycle:
2013-2014
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Rpld §§11-300, 11-302 & 11-306, add §11-300, El L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1317
2009-2010: S1431

Sponsor Memo

BILL NUMBER:S425

TITLE OF BILL:
An act
to amend the election law, in relation to early voting; and to repeal
sections 11-300, 11-302, and 11-306 of such law relating thereto

PURPOSE:
Establishes a program of early voting prior to a primary, general, or
special election through the use of special ballots.

SUMMARY OF PROVISIONS:
Repeals election law Sections 11-300, Special Ballots on Account of
Religious Scruples; Section 11-302, Special Ballots for Board of
Elections Employees; and Section 11-306, Special Ballots for Victims of
Domestic Violence.

Adds a new section of law, 11-300 regarding special ballots for early
voting.

EXISTING LAW:
Current law allows victims of domestic violence, board of election
employees, including poll clerks, and those you have religious objection
to cast what are referred to as "special ballots." There is no provision
of law however that allows regular voters who do not fit into any of
these categories to cast an early ballot.

JUSTIFICATION:
Early voting is a progressive concept that has been spreading throughout
the country over the last several years in an effort to increase citizen
involvement and turnout in elections. This concept differs from absentee
voting in that voters may visit an election official's office, or in
some states other satellite voting locations and cast a vote in person
without offering an excuse for not being able to vote on election day.
These locations vary and in some states include grocery stores, shopping
malls, schools, and libraries.

LEGISLATIVE HISTORY:
2011/12: S.1317/A.6399
2009/10: S.1431/A.6175

FISCAL IMPLICATIONS:
De minimus costs will be associated with this legislation since county
boards of election are already equipped with the proper tools necessary
to cast and canvass these types of ballots.

LOCAL FISCAL IMPLICATIONS:
De Minimus

EFFECTIVE DATE:
This act shall take effect on the first of December next succeeding the
date on which it shall have become a law.

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

                                   425

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to early  voting;  and  to
  repeal sections 11-300, 11-302, and 11-306 of such law relating there-
  to

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

  Section 1. Sections 11-300, 11-302 and 11-306 of the election law  are
REPEALED and a new section 11-300 is added to read as follows:
  S 11-300. SPECIAL BALLOTS FOR EARLY VOTING. A VOTER MAY DELIVER TO THE
BOARD OF ELECTIONS A WRITTEN STATEMENT THAT HE OR SHE DESIRES TO VOTE AT
THE  BOARD  OF  ELECTIONS  PRIOR TO OR ON THE DATE OF THE ELECTION.  THE
BOARD OF ELECTIONS, AFTER DETERMINING THE QUALIFICATIONS  OF  THE  VOTER
AND  THAT  THE  VOTER  HAD  NOT  PREVIOUSLY VOTED IN THE ELECTION, SHALL
PROVIDE THE VOTER WITH THE APPROPRIATE BALLOT AND PERMIT  THE  VOTER  TO
CAST  A  SPECIAL  BALLOT AT THE BOARD OF ELECTIONS, NOT EARLIER THAN TWO
WEEKS BEFORE THE ELECTION AND NOT LATER  THAN  THE  CLOSE  OF  POLLS  ON
ELECTION  DAY. EACH SUCH BALLOT SHALL BE PLACED IN AN ENVELOPE, PROVIDED
BY THE BOARD OF ELECTIONS, THEN SEALED; THE VOTER SHALL  DATE  AND  SIGN
HIS  OR  HER  NAME  ON  THE  OUTSIDE OF THE ENVELOPE. SUCH BALLOT MAY BE
DELIVERED TO THE INSPECTORS OF ELECTION IN A MANNER PRESCRIBED  BY  THIS
CHAPTER  FOR  ABSENTEE BALLOTS OR RETAINED BY THE BOARD OF ELECTIONS AND
CAST AND CANVASSED PURSUANT TO THE PROVISIONS OF SECTION 9-209  OF  THIS
CHAPTER  AS SUCH BOARD SHALL, IN ITS DISCRETION, DETERMINE BY RESOLUTION
ADOPTED AT LEAST THIRTY DAYS BEFORE ELECTION DAY.
  S 2. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00417-01-3

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