S T A T E O F N E W Y O R K
________________________________________________________________________
5190--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Election Law -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law and the town law, in relation to clar-
ifying that individuals have the ability to vote by absentee ballot
where their maximum sentence of imprisonment has expired
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph b of subdivision 5 of section 2018-a of the
education law, as amended by chapter 506 of the laws of 1991, 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, 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07941-03-9
A. 5190--A 2
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
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 [granted by the board of parole] pursuant to the provisions of
[the executive] ARTICLE 23 OF THE CORRECTION law removing my disability
to register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED
OR I HAVE BEEN DISCHARGED FROM PAROLE.
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 ............................
S 2. Paragraph b of subdivision 6 of section 2018-b of the education
law, as amended by chapter 46 of the laws of 1992, 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, 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
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
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 [of] 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 DISABILITIES OR a certificate
of good conduct [granted by the board of parole] pursuant to the
provisions of [the executive] ARTICLE 23 OF THE CORRECTION law removing
my disability to vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED
OR I HAVE BEEN DISCHARGED FROM PAROLE.
A. 5190--A 3
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 .............................
S 3. Paragraph b of subdivision 5 of section 84-a of the town law, as
amended by chapter 281 of the laws of 1998, 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 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 [granted by the board of
parole] pursuant to the provisions of [the executive] ARTICLE 23 OF THE
CORRECTION law removing my disability to register and vote OR MY MAXIMUM
SENTENCE OF IMPRISONMENT HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM
PAROLE.
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..................
S 4. Paragraph b of subdivision 5 of section 175-b of the town law, as
amended by chapter 401 of the laws of 1996, 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 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
A. 5190--A 4
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 [granted by the board of
parole] pursuant to the provisions of [the executive] ARTICLE 23 OF THE
CORRECTION law removing my disability to register and vote OR MY MAXIMUM
SENTENCE OF IMPRISONMENT HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM
PAROLE.
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..................
S 5. Paragraph b of subdivision 5 of section 213-b of the town law, as
added by chapter 400 of the laws of 1985, 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 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 [granted by the board of
A. 5190--A 5
parole] pursuant to the provisions of [the executive] ARTICLE 23 OF THE
CORRECTION law removing my disability to register and vote OR MY MAXIMUM
SENTENCE OF IMPRISONMENT HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM
PAROLE.
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 ..............................
S 6. This act shall take effect immediately.