S T A T E   O F   N E W   Y O R K
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                                  3367

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. ENGLEBRIGHT, V. LOPEZ, MORELLE, LUPARDO, KAVANAGH
  --  Multi-Sponsored  by  --  M. of A. CAHILL, CHRISTENSEN, CYMBROWITZ,
  FARRELL, GALEF, PHEFFER, RAMOS  --  read  once  and  referred  to  the
  Committee on Election Law

AN  ACT  to amend the election law and the education law, in relation to
  absentee voting for primary care givers

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

  Section  1.  Paragraph  (c)  of  subdivision 1 of section 8-400 of the
election law is amended to read as follows:
  (c) unable to appear personally at the polling place of  the  election
district  in  which he OR SHE is a qualified voter because of illness or
physical disability, whether permanent or temporary, OR IS  THE  PRIMARY
CARE  GIVER FOR A PERSON SUFFERING FROM A PHYSICAL DISABILITY OR ILLNESS
AND THE RESPONSIBILITIES OF SUCH PRIMARY CARE GIVER ARE SUCH THAT HE  OR
SHE  CANNOT LEAVE TO VOTE PERSONALLY, or because he OR SHE will be or is
a patient in a hospital; or
  S 2. 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05509-02-9
              

A. 3367                             2

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 IS THE PRIMARY CARE GIVER FOR A PERSON SUFFERING
FROM  A  PHYSICAL DISABILITY OR ILLNESS AND THE RESPONSIBILITIES OF SUCH
PRIMARY CARE GIVER ARE  SUCH  THAT  HE  OR  SHE  CANNOT  LEAVE  TO  VOTE
PERSONALLY,  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 vaca-
tion 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 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.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law,  and  shall  apply  to
every  election,  annual school board meeting, annual election for board
of education or board of education trustees members  and  annual  budget
vote or referendum held on or after such effective date.