S T A T E   O F   N E W   Y O R K
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                                 3910--A
                                                        Cal. No. 294

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK,  ALFANO, BACALLES, CLARK, ERRIGO,
  FINCH, GOTTFRIED, GUNTHER, JAFFEE, JOHN,  KAVANAGH,  LIFTON,  MILLMAN,
  RAIA, ABBATE, LUPARDO, GALEF, ROSENTHAL, KOON -- Multi-Sponsored by --
  M.  of  A.  BALL,  BARRA, BENJAMIN, BRENNAN, CAHILL, DINOWITZ, FIELDS,
  HOOPER,  KOLB,  MAISEL,  MAYERSOHN,  McDONOUGH,   McENENY,   MOLINARO,
  PEOPLES-STOKES,  PERRY,  QUINN,  THIELE,  WEISENBERG  -- read once and
  referred to the Committee on Election Law -- reported from  committee,
  advanced  to a third reading, amended and ordered reprinted, retaining
  its place on the order of third reading

AN ACT to amend the election law, in relation  to  special  ballots  for
  victims of domestic violence

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

  Section 1. Section 11-306 of the election law, as added by chapter 702
of the laws of 1996, is amended to read as follows:
  S 11-306. Special ballots; victims of domestic violence.   1. A  voter
may  deliver to the board of elections, at any time during the period in
which absentee ballot applications may be delivered,  a  signed  written
statement swearing or affirming:
  [1.] (A) that [they are] HE OR SHE IS the victim of domestic violence;
  [2.]  (B)  that  [they  have been forced to leave their] HE OR SHE HAS
LEFT HIS OR HER residence because of such violence; and
  [3.] (C) that because of the threat of physical OR EMOTIONAL  harm  to
[themselves]  HIMSELF  OR  HERSELF or TO FAMILY OR HOUSEHOLD members [of
their family residing with them], [they wish] HE OR SHE WISHES to cast a
special ballot in the next election. The statement must include  [their]
THE VOTER'S address of registration. The board of elections shall permit
such  a  voter  to  cast  a special ballot at an office of such board of
elections not earlier than one week before the election  and  not  later
than  the close of the polls on election day. Such ballots may be deliv-
ered to the inspectors of election in  the  manner  prescribed  by  this

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

                                                           LBD04093-02-0

A. 3910--A                          2

chapter  for  absentee ballots or retained at 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.
  2. "FAMILY OR HOUSEHOLD MEMBERS" MEAN THE FOLLOWING INDIVIDUALS:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
STILL RESIDE IN THE SAME HOUSEHOLD;
  (D)  PERSONS  WHO  HAVE  A  CHILD IN COMMON REGARDLESS OF WHETHER SUCH
PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
  (E) PERSONS WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY  AND  WHO
ARE  OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER SUCH
PERSONS HAVE LIVED TOGETHER AT ANY TIME.
  S 2. This act shall take effect immediately.