NY State Senate Bill 2017-S4205

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
Feb 06, 2017	referred to elections

2017-S4205 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§5-102, 5-210, 7-122, 7-123, 7-125 & 8-504, El L; amd §§84-a & 213-b, Town L; amd §§2012, 2018-a, 2018-b, 2603 & 2609, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1364
2011-2012: S1339
2013-2014: S422
2015-2016: S1861

2017-S4205 (ACTIVE) - Summary

Extends the right to vote in all elections to aliens lawfully admitted for permanent residence in the United States.

2017-S4205 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4205

 TITLE OF BILL :  An act to amend the election law, the town law and
the education law, in relation to the right to vote

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would further the democratic principles of American society
by extending the right to vote in Federal, State, and local elections
conducted in New York State to aliens lawfully admitted for permanent
residence in the United States.

 SUMMARY OF SPECIFIC PROVISIONS :

Various sections of the Election Law are amended to effectuate this
right: § 5-102 (qualifications of voters); § 5-210 (voter
registration); § 7-122 (absentee ballot); § 7-123 (military ballots
for military personnel and their spouses, parents, and children); §
7-125 (special presidential ballots); and § 8-504 (challenges to
absentee, military, and special presidential ballots). In each case,
the sections are amended to extend the right to vote to an "alien
lawfully admitted for permanent residence in the United States."

Similar amendments are made to Town Law § 84-a (absentee ballots in
special town elections) and § 213-b (absentee ballots in town
improvement district elections); as well as the following sections of

the Education Law: § 2012 (common or union-free school district
elections); § 2018-a (absentee ballots in same); § 2018-b (absentee
ballots for same by poll registration); § 2603 (elections in city
school districts with under 125,000 residents); and § 2609 (challenges
in such city school districts).

 JUSTIFICATION :

Although it is commonly believed that voting is a right restricted to
U.S. citizens under the Federal and State Constitutions, this is not
necessarily the case. In fact, the view that voting must be restricted
to citizens is a recent one.

Not only is the belief that only citizens can vote historically wrong,
it is not even accurate in New York State today. For example,
non-citizens are currently permitted to vote in New York City
community school board elections, provided they have children
attending public school (Education Law § 2590-c(3)). This is
permissible under the State Constitution, because it permits voting by
"citizens" of New York State, the definition of which needs not be
coterminous with U.S. citizens. The United States Constitution allows
the individual States to set forth the qualifications of voters in
Federal elections, provided that they are not unduly restrictive.
Non-citizens are also eligible to vote in other elections, such as
those for governing bodies of Federal community-based anti-poverty
programs. These provisions are based on the logic that the best
decisions are those made through the democratic process, involving all
of those who are affected thereby. This bill would extend this logic
to general Federal, State, and local elections.

 PRIOR LEGISLATIVE HISTORY :

2013-2014 S.422: Referred to elections
2015-2016 S.1861: Referred to elections

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
January 1st after enactment.

2017-S4205 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4205
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 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, the town law and the education law, in
   relation to the right to vote
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The legislature hereby finds and declares that the right to
 vote is an essential part of membership in the communities which make up
 the  state  of  New York. In order to ensure that all persons who perma-
 nently and legally reside in our state have a voice and a stake  in  the
 decisions  made  by the political process, it is necessary and proper to
 extend the right to them, as citizens of New  York  state,  to  vote  in
 elections for offices and on issues which affect them.
   §  2. Subdivision 1 of section 5-102 of the election law is amended to
 read as follows:
   1. No person shall be qualified  to  register  for  and  vote  at  any
 election  unless he OR SHE is a citizen of the United States OR AN ALIEN
 LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES and is or
 will be, on the day of such election, eighteen years of age or over, and
 a resident of this state and of the county, city or village for a  mini-
 mum of thirty days next preceding such election.
   §  3.  Paragraph (g) of subdivision 5 of section 5-210 of the election
 law, as amended by chapter 179 of the laws of 2005, is amended  to  read
 as follows:
   (g)  Notice  that the applicant must be a citizen of the United States
 OR AN ALIEN LAWFULLY ADMITTED FOR  PERMANENT  RESIDENCE  IN  THE  UNITED
 STATES,  is or will be at least eighteen years old not later than Decem-
 ber thirty-first of the calendar year in which he or she registers and a
 resident of the county or city to which application is made.
   § 4. Subdivision 8 of section 7-122 of the election law, as amended by
 chapter 165 of the laws of 2010, is amended to read as follows:

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

                                                            LBD09226-01-7

 S. 4205                             2
 
   8. On the reverse side of such inner  affirmation  envelope  shall  be
 printed the following statement:
                                 AFFIRMATION
   I  do  declare  that  I  am a citizen of the United States OR AN ALIEN
 LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES,  that  I
 am duly registered in the election district shown on the reverse side of
 this  envelope  and I am qualified to vote in such district; that I will
 be unable to appear personally on the day of the election for which this
 ballot is voted at the polling place of the election district in which I
 am a qualified voter because of the reason given on my application here-
 tofore submitted; that I have not qualified nor  do  I  intend  to  vote
 elsewhere,  that  I have not committed any act nor am I under any imped-
 iment which denies me the right to vote.
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
 
 Date.................20.....       .....................................
                                    Signature or mark of voter
 
                                    .....................................
                                    Signature of Witness (required only
                                    if voter does not sign his own name)
 
                                    .....................................
                                    Address of Witness
 
   § 5. Subdivision 3 of section 7-123 of the election law, as amended by
 chapter 104 of the laws of 2010, is amended to read as follows:
   3.  The board of elections shall furnish an inner affirmation envelope
 with each military ballot upon which envelope shall be printed:
 
                         BALLOT FOR MILITARY VOTER
                                AFFIRMATION
 
   I swear or affirm that:
   (a) I am a member of the uniformed  services  or  merchant  marine  on
 active  duty or an eligible spouse, parent, child or dependent of such a
 member, and
   (b) I am a United States citizen OR AN  ALIEN  LAWFULLY  ADMITTED  FOR
 PERMANENT RESIDENCE IN THE UNITED STATES, at least eighteen years of age
 (or  will  be  by  the  day  of  the  election), eligible to vote in the
 requested jurisdiction, and
   (c) I have neither been convicted of a felony or  other  disqualifying
 offense  nor  been adjudicated mentally incompetent, or if so, my voting
 rights have been reinstated, and
   (d) I am not registering, requesting a ballot, or voting in any  other
 jurisdiction in the United States, and
   (e)  My  signature and date below indicate when I completed this docu-
 ment, and
   (f) The information on this form is true and complete to the  best  of
 my knowledge.
   I understand that a material misstatement of fact in the completion of
 this document may constitute grounds for conviction of a crime.

 S. 4205                             3

 Date .......... 20....
                                         ................................
                                             Signature or mark of voter
                                         ................................
                                          Signature of Witness (required
                                          only if voter does not sign his
                                                     or her own name)
                                         ................................
                                                   Address of Witness
 
   § 6. Subdivision 3 of section 7-125 of the election law, as amended by
 chapter 235 of the laws of 2000, is amended to read as follows:
   3.   On the reverse side of such envelope shall be printed the follow-
 ing statement:
 
                  STATEMENT OF SPECIAL PRESIDENTIAL VOTER
   I do declare I am a  qualified  special  presidential  voter  of  said
 district;  that  I  am  not qualified and am not able to qualify to vote
 elsewhere than as set forth on the reverse side of this envelope; that I
 am a citizen of the United States OR  AN  ALIEN  LAWFULLY  ADMITTED  FOR
 PERMANENT  RESIDENCE  IN  THE  UNITED  STATES;  that  on the date of the
 election for which this ballot is voted, I will  be  at  least  eighteen
 years  of age; and that I have not committed any act, nor am I under any
 impediment, which denies me the right to vote.
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false  statement  in  the  foregoing  statement,  I shall be guilty of a
 misdemeanor.
 
 Date..........20......
                                          ...............................
                                          Signature or mark of Voter
                                          ...............................
                                          Signature of Witness (required
                                          only if voter does not sign his
                                          own name)
                                          ...............................
                                          Address of Witness
 
   § 7. Subdivision 3 of section 8-504 of the election law, as renumbered
 by chapter 373 of the laws of 1978, is amended to read as follows:
   3.  After receiving the answers as above specified, of any  applicant,
 the  board  shall,  if  it believes the applicant to be qualified or the
 challenge is withdrawn, permit him OR HER to vote.  Otherwise, the board
 shall point out to him OR HER the qualifications, if any, in respect  of
 which  he  OR  SHE shall appear deficient.   If, after such deficiencies
 have been so indicated, the applicant shall persist in his OR HER  claim
 to vote, an inspector shall administer to him OR HER the following oath,
 which  shall  be  known  as "The Qualification Oath":  "You do swear (or
 affirm) that you are eighteen years of age, that you are  a  citizen  of
 the  United States OR AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE
 IN THE UNITED STATES and that you have been a resident  of  this  state,
 and  of  this county (of the city of New York) (village) for thirty days
 next preceding this election, that you still reside at the same  address
 from which you have been duly registered in this election district, that
 you  have  not  voted  at this election, and that you do not know of any

 S. 4205                             4
 
 reason why you are not qualified to vote  at  this  election.    You  do
 further  declare that you are aware that it is a crime to make any false
 statement.  That all the statements you have made to the board have been
 true  and  that you understand that a false statement is perjury and you
 will be guilty of a misdemeanor."
   § 8. Paragraph b of subdivision 5 of section 84-a of the town law,  as
 amended  by  section 10 of part LL of chapter 56 of the laws of 2010, is
 amended to read as follows:
   b. On the reverse side of such envelope shall be printed the following
 statement:
                         STATEMENT OF ABSENTEE VOTER
   I do declare that I will have been a citizen of the United  States  OR
 AN  ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES
 for thirty days, and will be at least eighteen years of age, on the date
 of the special town election; that I will have been a resident  of  this
 state  and  of  the  town shown on the reverse side of this envelope for
 thirty days next preceding the said election; that I am or on such  date
 will  be,  a  registered  voter  of  said town; that I will be unable to
 appear personally on the day of said special town election at the  poll-
 ing  place of the election district in which I am or will be a qualified
 voter because of the reason stated on my application heretofore  submit-
 ted;  that  I have not qualified, or do I intend to vote, elsewhere than
 as set forth on the reverse side of  this  envelope;  that  I  have  not
 received or offered, do not expect to receive, have not paid, offered or
 promised  to  pay,  contributed,  offered  or  promised to contribute to
 another to be paid or used, any money or  other  valuable  thing,  as  a
 compensation  or  reward for the giving or withholding of a vote at this
 special town election, and have not made any promise  to  influence  the
 giving  or withholding of any such votes; that I have not made or become
 directly or indirectly interested in any bet or wager depending upon the
 result of this special town election; and that I have not been convicted
 of bribery or any infamous crime, or, if so convicted, that I have  been
 pardoned or restored to all the rights of a citizen, without restriction
 as  to  the  right of suffrage, or received a certificate of relief from
 disabilities or a certificate of good conduct pursuant to article  twen-
 ty-three  of  the  correction law removing my disability to register and
 vote.
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
     Date.............. Signature of Voter..................
   § 9. Paragraph a of subdivision 2 of section 213-b of the town law, as
 added by chapter 400 of the laws of 1985, is amended to read as follows:
    a.  An applicant for such an absentee ballot shall submit an applica-
 tion setting forth (1) his OR HER name and residence address,  including
 the street and number, if any, or town and rural delivery route, if any;
 (2)  that  he OR SHE is or will be, on the day of the election, a quali-
 fied voter of the district in which OR SHE he resides in that he OR  SHE
 is  or  will  be, on such date, over eighteen years of age, a citizen of
 the United States OR AN ALIEN LAWFULLY ADMITTED FOR PERMANENT  RESIDENCE
 IN  THE  UNITED  STATES and has or will have resided in the district for
 thirty days next preceding such date; (3) that he OR SHE  is  registered
 in  the  town;  (4)  that  he OR SHE will be unable to appear to vote in
 person on the day of the election  for  which  the  absentee  ballot  is
 requested  because he OR SHE is, or will be on such day (a) a patient in

 S. 4205                             5
 
 a hospital, or unable to appear personally at the polling place on  such
 day  because of illness or physical disability or (b) because his OR HER
 duties, occupation or business will require him OR HER to be outside  of
 the  county  or city of his OR HER residence on such day, (c) because he
 OR SHE will be on vacation outside the county or  city  of  his  OR  HER
 residence  on  such day; 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 is confined in prison after conviction for an  offense
 other  than a felony.  Such application must be received by the district
 secretary at least seven days before the election if the ballot is to be
 mailed to the voter, or the day before the election, if the ballot is to
 be delivered personally to the voter or his OR HER agent.
   § 10. Paragraph b of subdivision 5 of section 213-b of the  town  law,
 as  added by section 12 of part LL of chapter 56 of the laws of 2010, is
 amended to read as follows:
   b.  On the reverse side of such envelope shall be printed the  follow-
 ing statement:
                         STATEMENT OF ABSENTEE VOTER
 
   I  do  declare that I will have been a citizen of the United States OR
 AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED  STATES
 for thirty days, and will be at least eighteen years of age, on the date
 of the district election; that I will have been a resident of this state
 and  of  the district if any, shown on the reverse side of this envelope
 for thirty days next preceding the said election and that  I  am  or  on
 such  date  will be, a registered voter of said district; that I will be
 unable to appear personally on the day of said district election at  the
 polling  place of the said district in which I am or will be a qualified
 voter because of the reason stated on my application heretofore  submit-
 ted;  that  I have not qualified, or do I intend to vote, elsewhere than
 as set forth on the reverse side of  this  envelope;  that  I  have  not
 received or offered, do not expect to receive, have not paid, offered or
 promised  to  pay,  contributed,  offered  or  promised to contribute to
 another to be paid or used, any money or  other  valuable  thing,  as  a
 compensation  or  reward for the giving or withholding of a vote at this
 district election, and have not made any promise to influence the giving
 or withholding of any such votes; that I have not made or become direct-
 ly or indirectly interested in any  bet  or  wager  depending  upon  the
 result  of this district election; and that I have not been convicted of
 bribery or any infamous crime, or, if so convicted,  that  I  have  been
 pardoned or restored to all the rights of a citizen, without restriction
 as  to  the  right of suffrage, or received a certificate of relief from
 disabilities or a certificate of good conduct pursuant to article  twen-
 ty-three  of  the  correction law removing my disability to register and
 vote.
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
      Date............. Signature of Voter ..............................
   §  11.  Subdivision 1 of section 2012 of the education law, as amended
 by chapter 1169 of the laws of 1971, is amended to read as follows:
   1. A citizen of the United States OR AN ALIEN  LAWFULLY  ADMITTED  FOR
 PERMANENT RESIDENCE IN THE UNITED STATES.

 S. 4205                             6
 
   §  12. Paragraph a of subdivision 2 of section 2018-a of the education
 law, as amended by chapter 136 of the laws of 1991, is amended  to  read
 as follows:
   a.  An  applicant for such an absentee ballot shall submit an applica-
 tion setting forth (1) his OR HER name and residence address,  including
 the street and number, if any, or town and rural delivery route, if any;
 (2)  that  he  OR  SHE  is or will be, on the day of the school district
 election, a qualified voter of the school district in which  he  OR  SHE
 resides  in  that  he  OR SHE is or will be, on such date, over eighteen
 years of age, a citizen of the United States OR AN ALIEN LAWFULLY ADMIT-
 TED FOR PERMANENT RESIDENCE IN THE UNITED STATES and has  or  will  have
 resided  in  the  district for thirty days next preceding such date; (3)
 whether he OR SHE is registered in the district; (4) that he OR SHE will
 be unable to appear to vote in person on the day of the school  district
 election  for  which  the absentee ballot is requested because he OR SHE
 is, or will be on such day (a) a patient in a  hospital,  or  unable  to
 appear personally at the polling place on such day because of illness or
 physical  disability or (b) because his OR HER duties, occupation, busi-
 ness, or studies will require him OR HER to be outside of the county  or
 city  of his OR HER residence on such day, (c) because he OR SHE will be
 on vacation outside the county or city of his OR HER residence  on  such
 day;  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
 is confined in prison after conviction for an offense other than a felo-
 ny. Such application must be received by the  district  clerk  at  least
 seven  days  before  the  election  if the ballot is to be mailed to the
 voter, or the day before the election, if the ballot is to be  delivered
 personally to the voter.
   §  13. Paragraph b of subdivision 5 of section 2018-a of the education
 law, as amended by section 8 of part LL of chapter 56  of  the  laws  of
 2010, is amended to read as follows:
   b. On the reverse side of such envelope shall be printed the following
 statement:
 
                        STATEMENT OF ABSENTEE VOTER
 
   I  do  declare  that  I  am a citizen of the United States OR AN ALIEN
 LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, and will
 be at least eighteen years of age, on the date of  the  school  district
 election;  that  I  will  have  been a resident of this state and of the
 school district and school election  district,  if  any,  shown  on  the
 reverse  side  of  this envelope for thirty days next preceding the said
 election and duly registered in the school district and school  election
 district,  if any, shown on the reverse side of this envelope and that I
 am or on such date will be, a qualified voter of said  school  district;
 that  I  will  be  unable to appear personally on the day of said school
 district election at the polling place of the said district in  which  I
 am  or  will  be  a  qualified  voter because of the reason stated on my
 application heretofore submitted; that I have not  qualified,  or  do  I
 intend  to vote, elsewhere than as set forth on the reverse side of this
 envelope; that I have not received or offered, do not expect to receive,
 have not paid, offered or promised to pay, contributed, offered or prom-
 ised to contribute to another to be paid or used,  any  money  or  other
 valuable  thing, as a compensation or reward for the giving or withhold-
 ing of a vote at this school district election, and have  not  made  any
 promise to influence the giving or withholding of any such votes; that I

 S. 4205                             7
 
 have  not made or become directly or indirectly interested in any bet or
 wager depending upon the result of this school  district  election;  and
 that  I have not been convicted of bribery or any infamous crime, or, if
 so convicted, that I have been pardoned or restored to all the rights of
 a  citizen, without restriction as to the right of suffrage, or received
 a certificate of relief from  disabilities  or  a  certificate  of  good
 conduct  pursuant to article twenty-three of the correction law removing
 my disability to register and vote.
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.

   Date.....................Signature of Voter ..........................
 
   §  14. Paragraph a of subdivision 2 of section 2018-b of the education
 law, as amended by chapter 46 of the laws of 1992, is amended to read as
 follows:
   a. An applicant for such an absentee ballot shall submit  an  applica-
 tion  setting forth (1) his OR HER name and residence address, including
 the street and number, if any, or town and rural delivery route, if any;
 (2) that he OR SHE is or will be, on the  day  of  the  school  district
 election,  a  qualified  voter of the school district in which he OR SHE
 resides in that he OR SHE is or will be, on  such  date,  over  eighteen
 years of age, a citizen of the United States OR AN ALIEN LAWFULLY ADMIT-
 TED  FOR  PERMANENT  RESIDENCE IN THE UNITED STATES and has or will have
 resided in the district for thirty  days next preceding such  date;  (3)
 that  he OR SHE will be unable to appear to vote in person on the day of
 the school district election for which the absentee ballot is  requested
 because  he  OR SHE is, or will be on such day (a) a patient in a hospi-
 tal, or unable to appear personally at the polling  place  on  such  day
 because  of  illness  or  physical  disability or (b) because his OR HER
 duties, occupation, business, or studies will require him OR HER  to  be
 outside  of  the county or city of his OR HER residence on such day, (c)
 because he OR SHE will be on vacation outside the county or city of  his
 OR  HER  residence  on  such  day; 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 is confined in prison after conviction
 for an offense other than a felony. Such application must be received by
 the district clerk or designee of the trustees or school board at  least
 seven  days  before  the  election  if the ballot is to be mailed to the
 voter, or the day before the election, if the ballot is to be  delivered
 personally to the voter.
   §  15. Paragraph b of subdivision 6 of section 2018-b of the education
 law, as amended by section 9 of part LL of chapter 56  of  the  laws  of
 2010, is amended to read as follows:
   b. On the reverse side of such envelope shall be printed the following
 statement:
 
                        STATEMENT OF ABSENTEE VOTER

   I  do  declare  that  I  am a citizen of the United States OR AN ALIEN
 LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, and will
 be at least eighteen years of age on the date  of  the  school  district
 election;  that  I  will  have  been a resident of this state and of the
 school district and school election  district,  if  any,  shown  on  the

 S. 4205                             8
 
 reverse  side  of  this envelope for thirty days next preceding the said
 election and that I am or on such date will be,  a  qualified  voter  of
 said  school district; that I will be unable to appear personally on the
 day  of  said  school district election at the polling place of the said
 district in which I am or will be  a  qualified  voter  because  of  the
 reason  stated  on  my application heretofore submitted; that I have not
 qualified, or do I intend to vote, elsewhere than as set  forth  on  the
 reverse  side  of this envelope; that I have not received or offered, do
 not expect to receive, have  not  paid,  offered  or  promised  to  pay,
 contributed,  offered or promised to contribute to another to be paid or
 used, any money or other valuable thing, as a compensation or reward for
 the giving or withholding of a vote at this  school  district  election,
 and  have not made any promise to influence the giving or withholding of
 any such votes; that I have not made or become  directly  or  indirectly
 interested  in any bet or wager depending upon the result of this school
 district election; and that I have not been convicted of bribery or  any
 infamous  crime,  or,  if  so  convicted,  that  I have been pardoned or
 restored to all the rights of a citizen, without restriction as  to  the
 right  of  suffrage, or have received a certificate of relief from disa-
 bilities or a certificate of good conduct pursuant  to  article  twenty-
 three of the correction law removing my disability to vote.
 
   I hereby declare that the foregoing is a true statement to the best of
 my  knowledge  and  belief, and I understand that if I make any material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
 
   Date....................Signature of Voter ...........................
 
   § 16. Subdivision 1 of section 2603 of the education law,  as  amended
 by chapter 182 of the laws of 1952, is amended to read as follows:
   1.  A  citizen  of the United States OR AN ALIEN LAWFULLY ADMITTED FOR
 PERMANENT RESIDENCE IN THE UNITED STATES.
   § 17. Subdivision 5 of section 2609 of the education law,  as  amended
 by chapter 919 of the laws of 1974, is amended to read as follows:
   5.    Any  qualified voter of a city school district may challenge the
 right of a person to vote at the time when he OR SHE requests a  ballot.
 All persons named upon the applicable register as having been challenged
 prior  to  the  day of the election shall also be challenged before they
 are given ballots to vote.   The chairman of  the  board  of  inspectors
 shall administer to each person so challenged the following oath:  "I do
 solemnly  swear  (or affirm) that I am a citizen of the United States OR
 AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
 that I am of the age of eighteen years or more;  that  I  have  been  an
 inhabitant  of the State for the past year, a resident of the county for
 the past four months and for the thirty days past an actual resident  of
 this  city  school  district  and am therefore qualified to vote at this
 election."  If the person challenged so swears or  affirms,  he  OR  SHE
 shall  be  permitted  to  vote  at such election; but if he OR SHE shall
 refuse to so swear or affirm, he OR SHE shall not be given a  ballot  or
 be permitted to vote.
   § 18. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S4205

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S4205 (ACTIVE) - Details

2017-S4205 (ACTIVE) - Summary

2017-S4205 (ACTIVE) - Sponsor Memo

2017-S4205 (ACTIVE) - Bill Text download pdf

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Senate Bill S4205

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Sponsored By

Martin Malavé Dilan

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S4205 (ACTIVE) - Details

2017-S4205 (ACTIVE) - Summary

2017-S4205 (ACTIVE) - Sponsor Memo

2017-S4205 (ACTIVE) - Bill Text download pdf

Comments