Assembly Bill A5276

Signed By Governor

2009-2010 Legislative Session

Simplifies the absentee ballot process by removing requirement of certain information that is to be provided

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 28, 2010	signed chap.63
Apr 16, 2010	delivered to governor
Apr 14, 2010	returned to assembly passed senate
Feb 22, 2010	3rd reading cal.65 substituted for s2868b
Jan 20, 2010	referred to elections delivered to senate passed assembly
Jan 12, 2010	amended on third reading 5276b
Jan 06, 2010	ordered to third reading cal.370 returned to assembly died in senate
Jul 16, 2009	recommitted to rules 3rd reading cal.566 substituted for s2868a
Jun 15, 2009	referred to rules passed assembly ordered to third reading rules cal.236 rules report cal.236 reported
Jun 16, 2009	delivered to senate
Jun 10, 2009	reported referred to rules
Mar 18, 2009	print number 5276a
Mar 18, 2009	amend and recommit to election law
Feb 11, 2009	referred to election law

Votes

- Apr 14, 2010 - Floor Vote
  A5276
  
  Aye
  
  35
  
  Nay
  
  27
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Apr 14, 2010
      
      aye (35)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Fuschillo
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Little
      
      Montgomery
      
      Morahan
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (27)
      
      Alesi
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Padavan
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young

Bill Amendments

Original

B (Active)

2009-A5276 - Details

Laws Affected:: Amd §8-400, El L

2009-A5276 - Summary

Simplifies the absentee ballot process to make it easier to vote in such manner by removing requirement for certain information on circumstances for the voter's absence.

2009-A5276 - Bill Text download pdf

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

                                  5276

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced by M. of A. GALEF, BRADLEY, KAVANAGH, DINOWITZ, THIELE, HOYT,
  BRENNAN,  ENGLEBRIGHT,  MAGNARELLI, PEOPLES, PAULIN, PHEFFER, SCHIMEL,
  JAFFEE, REILLY, KOLB, DelMONTE, ROSENTHAL, ALFANO  --  Multi-Sponsored
  by  --  M.  of  A.  BARRA,  BOYLAND,  BURLING, CAHILL, CALHOUN, CLARK,
  COLTON, CONTE, CORWIN, DenDEKKER, DIAZ, DUPREY, ERRIGO, FIELDS, FINCH,
  GIGLIO, GOTTFRIED, GUNTHER, LIFTON, MAGEE, MAYERSOHN, McDONOUGH, McEN-
  ENY,  MILLER,  MOLINARO,  POWELL,  P. RIVERA,  ROBINSON,  SCARBOROUGH,
  SPANO,  SWEENEY,  WALKER,  WEISENBERG -- read once and referred to the
  Committee on Election Law

AN ACT to amend the election law, in relation to absentee ballots

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

  Section  1.  Subdivisions  1, 3 and 4 of section 8-400 of the election
law, the opening paragraph of subdivision 1 as amended by chapter 359 of
the laws of 1989, subparagraph (i) of paragraph (c) of subdivision 3  as
amended by chapter 234 of the laws of 1976, paragraph (d) of subdivision
3  as added by chapter 373 of the laws of 1986, subdivision 4 as amended
by chapter 163 of the laws of 1985, are amended to read as follows:
  1. A qualified voter may vote as an absentee voter under this  chapter
if,  on the occurrence of any village election conducted by the board of
elections, primary election, special election, general election  or  New
York  city  community  school  board  district or city of Buffalo school
district election, he [will] OR SHE EXPECTS TO be:
  (a) [unavoidably] absent from the county of his OR HER residence,  or,
if  a  resident  of the city of New York absent from said city[, because
his duties, occupation, business, or studies require him to be elsewhere
on the day of election]; or
  (b) [absent from such county or city because he is on  vacation  else-
where on the day of election; or
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01665-03-9

A. 5276                             2

physical disability[, whether permanent or temporary, or because he will
be  or  is a patient in a hospital] OR DUTIES RELATED TO THE CARE OF ONE
OR MORE INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED; or
  [(d)  he  is  a  person entitled to a ballot because he is a qualified
voter registered as] (C) an inmate or patient of  a  veteran's  adminis-
tration hospital; or
  [(e)  absent from the county of his residence, or if a resident of the
city of New York, absent from said city, because of his  accompanying  a
spouse,  parent or child who would be entitled to apply for the right to
vote by absentee ballot if a qualified voter; or
  (f)] (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
confined in JAIL OR prison after a conviction for an offense other  than
a  felony,  provided that he OR SHE is qualified to vote in the election
district of his OR HER residence.
  3. The application for an absentee ballot when filed must  contain  in
each instance the following information:
  (a)  Applicant's full name and residence address, including the street
and number, if any, rural delivery route, if  any,  mailing  address  if
different  from the residence address and his OR HER town or city and an
address to which the ballot shall be mailed.
  (b) A statement that the  applicant  is  a  qualified  and  registered
voter[,  and  that  he  does  not know of any reason why he is no longer
qualified to vote].
  (c) A statement, as appropriate, that on the day of such election  the
applicant  expects  in  good faith to be in one of the following catego-
ries:
  (i) [unavoidably] absent from the county of his OR HER  residence,  or
if  a  resident  of the city of New York absent from said city[, because
his duties, occupation, business or studies require him to be  elsewhere
on  such day, and where such duties, occupation, business or studies are
not of such a nature as ordinarily to require such absence, a  statement
briefly  describing  the  special  circumstances  requiring such absence
and]; PROVIDED, HOWEVER, IF THE APPLICANT EXPECTS TO BE ABSENT FROM SUCH
COUNTY OR CITY FOR A DURATION COVERING MORE THAN ONE ELECTION AND  SEEKS
AN  ABSENTEE  BALLOT  FOR EACH ELECTION, HE OR SHE SHALL STATE the dates
when he OR SHE expects to begin and end such absence; or
  (ii) [absent from the county of his residence, or if a resident of the
city of New York absent from said city, because he will be  on  vacation
elsewhere  on such day, the dates upon which he expects to begin and end
such vacation, the place or places where he expects to be on such  vaca-
tion,  the name and address of his employer, if any, or if self-employed
or retired a statement to such effect; or
  (iii) ill or physically disabled] UNABLE  TO  APPEAR  AT  THE  POLLING
PLACE  BECAUSE  OF  ILLNESS  OR  PHYSICAL  DISABILITY; [that he has been
advised by his medical practitioner or christian  science  practitioner,
giving said practitioner's name and address, that he will not be able to
go  to  his polling place for such election, and whether said illness is
permanent or temporary; if he expects to be a patient in a  hospital  he
shall state the name and address of said hospital;] or
  [(iv)  entitled to a ballot because he is a qualified voter registered
as] (III) an inmate or patient of a veteran's  administration  hospital;
or
  [(v)]  (IV) detained in jail awaiting action by a grand jury or await-
ing trial or confined in JAIL  OR  prison  after  a  conviction  for  an

A. 5276                             3

offense  other than a felony and stating the place where he OR SHE is so
detained or confined[; or
  (vi)  absent from the county of his residence, or if a resident of the
city of New York absent from said city, because of his accompanying  his
spouse,  parent  or  child who falls within one of the foregoing catego-
ries; a statement that  the  applicant  resides  in  the  same  election
district  as  such spouse, parent or child, the name and address of such
spouse, parent or child, and, unless  the  application  accompanies  the
application  of  such spouse, parent or child, the information as to the
status of such spouse, parent or child required by the applicable  cate-
gory].
  (d) Such application shall permit the applicant to apply for an absen-
tee  ballot for either a primary election or the general election in any
year and for those persons who will be continuously  absent  from  their
county  of residence during the period between the fall primary election
and the general election in any year to apply for ballots for both  such
elections  in  such  year.    A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT
SHALL BE SENT AN ABSENTEE BALLOT FOR  ANY  SPECIAL  ELECTION  OR  WINTER
PRIMARY THAT OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLI-
CATION.
  4.  A  voter  who  claims permanent illness or physical disability may
make application for an absentee ballot and  the  right  to  receive  an
absentee  ballot for each election thereafter as provided herein without
further application, by filing with the board of elections  an  applica-
tion  which shall contain a statement to be executed by the voter [show-
ing the particulars of his illness or disability]. Upon filing  of  such
application  the  board of elections shall [investigate the facts stated
therein and if satisfied as to  the  truth  thereof,  shall]  cause  the
registration  records  of  the voter to be marked "Permanently Disabled"
and thereafter shall send an absentee ballot for each succeeding  prima-
ry,  special  or general election to such voter at his OR HER last known
address by first class mail with a request to the postal authorities not
to forward such ballot but to return it in five days in the  event  that
it  cannot be delivered to the addressee. The mailing of such ballot for
each  election  shall  continue  until  such  voter's  registration   is
cancelled.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A5276A - Details

Laws Affected:: Amd §8-400, El L

2009-A5276A - Summary

Simplifies the absentee ballot process to make it easier to vote in such manner by removing requirement for certain information on circumstances for the voter's absence.

2009-A5276A - Bill Text download pdf

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

                                 5276--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced by M. of A. GALEF, HOYT, KAVANAGH, DINOWITZ, THIELE, BRENNAN,
  ENGLEBRIGHT,  MAGNARELLI,  PEOPLES-STOKES,  PAULIN,  PHEFFER, SCHIMEL,
  JAFFEE, REILLY, KOLB, DelMONTE, ROSENTHAL, ALFANO, GORDON,  ZEBROWSKI,
  ESPAILLAT  --  Multi-Sponsored by -- M. of A. BARRA, BOYLAND, BURLING,
  CAHILL, CALHOUN, CLARK,  COLTON,  CONTE,  CORWIN,  DenDEKKER,  DUPREY,
  ERRIGO,  FIELDS,  FINCH,  GIGLIO, GOTTFRIED, GUNTHER, LIFTON, LUPARDO,
  MAGEE, MAYERSOHN, McDONOUGH,  McENENY,  J. MILLER,  MOLINARO,  POWELL,
  P. RIVERA,  ROBINSON,  SCARBOROUGH, SPANO, SWEENEY, WEINSTEIN, WEISEN-
  BERG -- (at request of the Governor) -- 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 election law, in relation to absentee ballots

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

  Section  1.  Subdivisions  1, 3 and 4 of section 8-400 of the election
law, the opening paragraph of subdivision 1 as amended by chapter 359 of
the laws of 1989, subparagraph (i) of paragraph (c) of subdivision 3  as
amended by chapter 234 of the laws of 1976, paragraph (d) of subdivision
3  as added by chapter 373 of the laws of 1986, subdivision 4 as amended
by chapter 163 of the laws of 1985, are amended to read as follows:
  1. A qualified voter may vote as an absentee voter under this  chapter
if,  on the occurrence of any village election conducted by the board of
elections, primary election, special election, general election  or  New
York  city  community  school  board  district or city of Buffalo school
district election, he [will] OR SHE EXPECTS TO be:
  (a) [unavoidably] absent from the county of his OR HER residence,  or,
if  a  resident  of the city of New York absent from said city[, because
his duties, occupation, business, or studies require him to be elsewhere
on the day of election]; or
  (b) [absent from such county or city because he is on  vacation  else-
where on the day of election; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
AA                                                         LBD01665-06-9

A. 5276--A                          2

  (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 because he OR
SHE will be or is a patient in a hospital; or
  [(d)  he  is  a  person entitled to a ballot because he is a qualified
voter registered as] (C) an inmate or patient of  a  veteran's  adminis-
tration hospital; or
  [(e)  absent from the county of his residence, or if a resident of the
city of New York, absent from said city, because of his  accompanying  a
spouse,  parent or child who would be entitled to apply for the right to
vote by absentee ballot if a qualified voter; or
  (f)] (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
confined in JAIL OR prison after a conviction for an offense other  than
a  felony,  provided that he OR SHE is qualified to vote in the election
district of his OR HER residence.
  3. The application for an absentee ballot when filed must  contain  in
each instance the following information:
  (a)  Applicant's  full  name,  DATE  OF  BIRTH, and residence address,
including the street and number, if any, rural delivery route,  if  any,
mailing  address  if different from the residence address and his OR HER
town or city and an address to which the ballot shall be mailed.
  (b) A statement that the  applicant  is  a  qualified  and  registered
voter[,  and  that  he  does  not know of any reason why he is no longer
qualified to vote].
  (c) A statement, as appropriate, that on the day of such election  the
applicant  expects  in  good faith to be in one of the following catego-
ries:
  (i) [unavoidably] absent from the county of his OR HER  residence,  or
if  a  resident  of the city of New York absent from said city[, because
his duties, occupation, business or studies require him to be  elsewhere
on  such day, and where such duties, occupation, business or studies are
not of such a nature as ordinarily to require such absence, a  statement
briefly  describing  the  special  circumstances  requiring such absence
and]; PROVIDED, HOWEVER, IF THE APPLICANT EXPECTS TO BE ABSENT FROM SUCH
COUNTY OR CITY FOR A DURATION COVERING MORE THAN ONE ELECTION AND  SEEKS
AN  ABSENTEE  BALLOT  FOR EACH ELECTION, HE OR SHE SHALL STATE the dates
when he OR SHE expects to begin and end such absence; or
  (ii) [absent from the county of his residence, or if a resident of the
city of New York absent from said city, because he will be  on  vacation
elsewhere  on such day, the dates upon which he expects to begin and end
such vacation, the place or places where he expects to be on such  vaca-
tion,  the name and address of his employer, if any, or if self-employed
or retired a statement to such effect; or
  (iii) ill or physically disabled] UNABLE  TO  APPEAR  AT  THE  POLLING
PLACE  BECAUSE  OF  ILLNESS  OR  PHYSICAL  DISABILITY; [that he has been
advised by his medical practitioner or christian  science  practitioner,
giving said practitioner's name and address, that he will not be able to
go  to  his polling place for such election, and whether said illness is
permanent or temporary; if he expects to be a patient in a  hospital  he
shall state the name and address of said hospital;] or
  [(iv)  entitled to a ballot because he is a qualified voter registered
as] (III) an inmate or patient of a veteran's  [administraion]  ADMINIS-
TRATION hospital; or
  [(v)]  (IV) detained in jail awaiting action by a grand jury or await-
ing trial or confined in JAIL  OR  prison  after  a  conviction  for  an

A. 5276--A                          3

offense  other than a felony and stating the place where he OR SHE is so
detained or confined[; or
  (vi)  absent from the county of his residence, or if a resident of the
city of New York absent from said city, because of his accompanying  his
spouse,  parent  or  child who falls within one of the foregoing catego-
ries; a statement that  the  applicant  resides  in  the  same  election
district  as  such spouse, parent or child, the name and address of such
spouse, parent or child, and, unless  the  application  accompanies  the
application  of  such spouse, parent or child, the information as to the
status of such spouse, parent or child required by the applicable  cate-
gory].
  (d) Such application shall permit the applicant to apply for an absen-
tee  ballot for either a primary election or the general election in any
year and for those persons who will be continuously  absent  from  their
county  of residence during the period between the fall primary election
and the general election in any year to apply for ballots for both  such
elections  in  such  year.    A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT
SHALL BE SENT AN ABSENTEE BALLOT FOR  ANY  SPECIAL  ELECTION  OR  WINTER
PRIMARY THAT OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLI-
CATION.
  4.  A  voter  who  claims permanent illness or physical disability may
make application for an absentee ballot and  the  right  to  receive  an
absentee  ballot for each election thereafter as provided herein without
further application, by filing with the board of elections  an  applica-
tion  which shall contain a statement to be executed by the voter [show-
ing the particulars of his illness or disability]. Upon filing  of  such
application  the  board of elections shall [investigate the facts stated
therein and if satisfied as to  the  truth  thereof,  shall]  cause  the
registration  records  of  the voter to be marked "Permanently Disabled"
and thereafter shall send an absentee ballot for each succeeding  prima-
ry,  special  or general election to such voter at his OR HER last known
address by first class mail with a request to the postal authorities not
to forward such ballot but to return it in five days in the  event  that
it  cannot be delivered to the addressee. The mailing of such ballot for
each  election  shall  continue  until  such  voter's  registration   is
cancelled.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A5276B (ACTIVE) - Details

Laws Affected:: Amd §8-400, El L

2009-A5276B (ACTIVE) - Summary

Simplifies the absentee ballot process to make it easier to vote in such manner by removing requirement for certain information on circumstances for the voter's absence.

2009-A5276B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A5276B                REVISED 1/20/10

TITLE  OF  BILL:    An  act  to amend the election law, in relation to
absentee ballots

PURPOSE OR GENERAL IDEA OF  BILL:  To  permit  the  simplification  of
absentee  ballot  process  by  removing  the  requirement  of  certain
information

SUMMARY  OF  SPECIFIC  PROVISIONS:  The  bill  amends  Section   8-400
subdivisions  1,  3  and  4  of  the  election law that sets forth the
information that qualified voters must provide in an  absentee  ballot
application. Pursuant to the bill, &qualified voter would be permitted
to vote by absentee ballot if he or she is:

*Absent from the county (or city) of his or her residence;

*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
disability or duties related to the care of one  of  more  individuals
who are ill or physically disabled;

*An inmate or patient of a veterans administration hospital;

*Detained  in  jail awaiting action by a grand jury or awaiting trial,
or confined in jail or prison after a conviction for an offense  other

than  a  felony,  provided  that he or she is qualified to vote in the
election district of his or her residence;

The applicant would  have  to  provide,  in  the  application  for  an
absentee  ballot,  his  or  her  full  name,  residence address, and a
statement that the applicant is  a  registered  voter.  The  applicant
would also be required to provide a statement, as appropriate, that on
the  day of such election he or she expects in good faith to be absent
for any of the reasons stated in the above  paragraph.  The  applicant
would  be  able to apply for an absentee ballot covering more than one
election, even if they occur in different calendar years, by providing
the beginning and end dates of the absence.

JUSTIFICATION: During January and February of 1993, the New York State
Board of Elections gathered testimony which addressed  the  complexity
of  the  voter registration form, the campaign finance disclosure form
and the absentee ballot application Form. One major complaint was that
voters  were  asked  a  series  of  lengthy  questions  that  provided
information  of  little  value  to the Board of Elections. Article II,
section 2 of the New York State Constitution permits  absentee  voting
if the voter is absent from his or her county, ill or unable to appear
at  the  poll site because of illness or physically disabled. However,
the absentee ballot application  contains  a  long  list  of  required
information  that goes far beyond questions regarding absence, illness
or physical disability.

Besides burdening the voter with a needlessly complex task,  requiring
such  detail  could  jeopardize  his  or  her  safety and privacy. For
example, the Election Law requires a person seeking an absentee ballot
based on illness or physical disability to identify his or her medical


practitioner and/or the hospital in which he or she are or expects  to
be a patient.

When  a  voter  will be out of the county of his or her residence, the
Election Law also specifies that applicants. must report  the  details
regarding  employment  or  studies  necessitating such absence, or the
beginning and end dates they will be on vacation and the name  of  his
or her employer, or the details necessitating such absence because the
voter is accompanying a spouse, child or parent.

Voters  who  have  second residences or go on extended trips are also.
forced  to  apply  for  absentee  ballots  for  each  election,  often
preventing their participation in elections that occur within weeks or
months  of  each  other.  This legislation would provide them with the
opportunity to  apply  for  an  absentee  ballot  for  more  than  one
election.    The  New  York  state  Constitution  does not require the
disclosure of personal details and because the application is a public
document that anyone has access-to under the  Freedom  of  Information
Act,  this  information  could put a voter, or his or her property, as
risk. Moreover, the absentee ballot application is the equivalent of a
sworn statement and a voter's signature or mark should  be  sufficient
to satisfy the constitutional mandate.

This   legislation   provides   for   a  streamlined  absentee  ballot
application process by allowing qualified voters to apply for absentee
ballots if they meet one of the criteria in the  constitution  without
invading the privacy of the voter.

PRIOR  LEGISLATIVE HISTORY: A.5453-A and S.5172 of 2007/2008 A.5748 of
2005/2006 A.6370 and S.4553 of 2003-2004 A.5768 and S.977 of 2001-2002
A.1966-B and S.1267-B of 1999-2000  A.6364  and  S.3471  of  1997-1998
S.3052 of 1995-96 S.8125 of 1993-1994

FISCAL IMPLICATIONS: Costs associated with printing new forms.

EFFECTIVE DATE: Immediately.

2009-A5276B (ACTIVE) - Bill Text download pdf

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

                                 5276--B
                                                        Cal. No. 370

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced by M. of A. GALEF, HOYT, KAVANAGH, DINOWITZ, THIELE, BRENNAN,
  ENGLEBRIGHT,  MAGNARELLI,  PEOPLES-STOKES,  PAULIN,  PHEFFER, SCHIMEL,
  JAFFEE, REILLY, KOLB, DelMONTE, ROSENTHAL, ALFANO, GORDON,  ZEBROWSKI,
  ESPAILLAT  --  Multi-Sponsored by -- M. of A. BARRA, BOYLAND, BURLING,
  CAHILL, CALHOUN, CLARK,  COLTON,  CONTE,  CORWIN,  DenDEKKER,  DUPREY,
  ERRIGO,  FIELDS,  FINCH,  GIGLIO, GOTTFRIED, GUNTHER, LIFTON, LUPARDO,
  MAGEE, MAYERSOHN, McDONOUGH,  McENENY,  J. MILLER,  MOLINARO,  POWELL,
  P. RIVERA,  ROBINSON,  SCARBOROUGH, SPANO, SWEENEY, WEINSTEIN, WEISEN-
  BERG -- read once and referred to the Committee  on  Election  Law  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- 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 absentee ballots

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

  Section 1. Subdivisions 1, 3 and 4 of section 8-400  of  the  election
law, the opening paragraph of subdivision 1 as amended by chapter 359 of
the  laws  of 1989, paragraph (c) of subdivision 1 as amended by chapter
426 of the laws of 2009, subparagraph (i) of paragraph (c)  of  subdivi-
sion 3 as amended by chapter 234 of the laws of 1976, subparagraph (iii)
of  paragraph (c) of subdivision 3 as amended by chapter 426 of the laws
of 2009, paragraph (d) of subdivision 3 as added by chapter 373  of  the
laws  of  1986,  subdivision  4 as amended by chapter 163 of the laws of
1985, are amended to read as follows:
  1. A qualified voter may vote as an absentee voter under this  chapter
if,  on the occurrence of any village election conducted by the board of
elections, primary election, special election, general election  or  New
York  city  community  school  board  district or city of Buffalo school
district election, he [will] OR SHE EXPECTS TO be:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01665-07-0

A. 5276--B                          2

  (a) [unavoidably] absent from the county of his OR HER residence,  or,
if  a  resident  of the city of New York absent from said city[, because
his duties, occupation, business, or studies require him to be elsewhere
on the day of election]; or
  (b)  [absent  from such county or city because he is on vacation else-
where on the day of election; or
  (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 duties related
to the primary care of one or more individuals who are ill or physically
disabled, or because he or she will be or is a patient in a hospital; or
  [(d) he is a person entitled to a ballot because  he  is  a  qualified
voter  registered  as]  (C) an inmate or patient of a veteran's adminis-
tration hospital; or
  [(e) absent from the county of his residence, or if a resident of  the
city  of  New York, absent from said city, because of his accompanying a
spouse, parent or child who would be entitled to apply for the right  to
vote by absentee ballot if a qualified voter; or
  (f)]  (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
confined  in JAIL OR prison after a conviction for an offense other than
a felony, provided that he OR SHE is qualified to vote in  the  election
district of his OR HER residence.
  3.  The  application for an absentee ballot when filed must contain in
each instance the following information:
  (a) Applicant's full name,  DATE  OF  BIRTH,  and  residence  address,
including  the  street and number, if any, rural delivery route, if any,
mailing address if different from the residence address and his  OR  HER
town or city and an address to which the ballot shall be mailed.
  (b)  A  statement  that  the  applicant  is a qualified and registered
voter[, and that he does not know of any reason  why  he  is  no  longer
qualified to vote].
  (c)  A statement, as appropriate, that on the day of such election the
applicant expects in good faith to be in one of  the  following  catego-
ries:
  (i)  [unavoidably]  absent from the county of his OR HER residence, or
if a resident of the city of New York absent from  said  city[,  because
his  duties, occupation, business or studies require him to be elsewhere
on such day, and where such duties, occupation, business or studies  are
not  of such a nature as ordinarily to require such absence, a statement
briefly describing the  special  circumstances  requiring  such  absence
and]; PROVIDED, HOWEVER, IF THE APPLICANT EXPECTS TO BE ABSENT FROM SUCH
COUNTY  OR CITY FOR A DURATION COVERING MORE THAN ONE ELECTION AND SEEKS
AN ABSENTEE BALLOT FOR EACH ELECTION, HE OR SHE SHALL  STATE  the  dates
when he OR SHE expects to begin and end such absence; or
  (ii) [absent from the county of his residence, or if a resident of the
city  of  New York absent from said city, because he will be on vacation
elsewhere on such day, the dates upon which he expects to begin and  end
such  vacation, the place or places where he expects to be on such vaca-
tion, the name and address of his employer, if any, or if  self-employed
or retired a statement to such effect; or
  (iii)] unable to appear at a polling place because of illness or phys-
ical  disability  or  duties  related to the primary care of one or more
individuals who are ill or physically disabled; or

A. 5276--B                          3

  [(iv) entitled to a ballot because he is a qualified voter  registered
as]  (III)  an inmate or patient of a veteran's [administraion] ADMINIS-
TRATION hospital; or
  [(v)]  (IV) detained in jail awaiting action by a grand jury or await-
ing trial or confined in JAIL  OR  prison  after  a  conviction  for  an
offense  other than a felony and stating the place where he OR SHE is so
detained or confined[; or
  (vi) absent from the county of his residence, or if a resident of  the
city  of New York absent from said city, because of his accompanying his
spouse, parent or child who falls within one of  the  foregoing  catego-
ries;  a  statement  that  the  applicant  resides  in the same election
district as such spouse, parent or child, the name and address  of  such
spouse,  parent  or  child,  and, unless the application accompanies the
application of such spouse, parent or child, the information as  to  the
status  of such spouse, parent or child required by the applicable cate-
gory].
  (d) Such application shall permit the applicant to apply for an absen-
tee ballot for either a primary election or the general election in  any
year  and  for  those persons who will be continuously absent from their
county of residence during the period between the fall primary  election
and  the general election in any year to apply for ballots for both such
elections in such year.   A VOTER WHO APPLIES  FOR  AN  ABSENTEE  BALLOT
SHALL  BE  SENT  AN  ABSENTEE  BALLOT FOR ANY SPECIAL ELECTION OR WINTER
PRIMARY THAT OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLI-
CATION.
  4. A voter who claims permanent illness  or  physical  disability  may
make  application  for  an  absentee  ballot and the right to receive an
absentee ballot for each election thereafter as provided herein  without
further  application,  by filing with the board of elections an applica-
tion which shall contain a statement to be executed by the voter  [show-
ing  the  particulars of his illness or disability]. Upon filing of such
application the board of elections shall [investigate the  facts  stated
therein  and  if  satisfied  as  to  the truth thereof, shall] cause the
registration records of the voter to be  marked  "Permanently  Disabled"
and  thereafter shall send an absentee ballot for each succeeding prima-
ry, special or general election to such voter at his OR HER  last  known
address by first class mail with a request to the postal authorities not
to  forward  such ballot but to return it in five days in the event that
it cannot be delivered to the addressee. The mailing of such ballot  for
each   election  shall  continue  until  such  voter's  registration  is
cancelled.
  S 2. This act shall take effect immediately.

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Assembly Bill A5276

Signed By Governor

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Apr 14, 2010 - Floor Vote

Floor Vote: Apr 14, 2010

Bill Amendments

2009-A5276 - Details

2009-A5276 - Summary

2009-A5276 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A5276A - Details

2009-A5276A - Summary

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co-Sponsors

multi-Sponsors

2009-A5276B (ACTIVE) - Details

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2009-A5276B (ACTIVE) - Bill Text download pdf

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Assembly Bill A5276

Signed By Governor

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Sponsored By

GALEF

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Bill Amendments

2009-A5276 - Details

2009-A5276 - Summary

2009-A5276 - Bill Text download pdf

co-Sponsors

Sam Hoyt

Brian Kavanagh

Jeffrey Dinowitz

Fred Thiele

multi-Sponsors

Robert Barra

William Boyland

Daniel Burling

Kevin Cahill

2009-A5276A - Details

2009-A5276A - Summary

2009-A5276A - Bill Text download pdf

co-Sponsors

Sam Hoyt

Brian Kavanagh

Jeffrey Dinowitz

Fred Thiele

multi-Sponsors

Robert Barra

William Boyland

Daniel Burling

Kevin Cahill

2009-A5276B (ACTIVE) - Details

2009-A5276B (ACTIVE) - Summary

2009-A5276B (ACTIVE) - Sponsor Memo

2009-A5276B (ACTIVE) - Bill Text download pdf

Comments