senate Bill S1535A

Signed By Governor
2009-2010 Legislative Session

Relates to the rights of a victim of domestic violence to cast special ballots if they leave their residence because of such violence

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Archive: Last Bill Status Via A3910 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (27)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 14, 2010 signed chap.38
Apr 02, 2010 delivered to governor
Mar 22, 2010 returned to assembly
passed senate
Mar 17, 2010 3rd reading cal.209
substituted for s1535a
Mar 16, 2010 referred to elections
delivered to senate
passed assembly
Mar 09, 2010 amended on third reading 3910a
Jan 06, 2010 ordered to third reading cal.294
returned to assembly
died in senate
Jul 16, 2009 committed to rules
Mar 16, 2009 3rd reading cal.100
substituted for s1535
Mar 17, 2010 substituted by a3910a
Mar 16, 2010 amended on third reading 1535a
Mar 04, 2010 advanced to third reading
Mar 03, 2010 2nd report cal.
Mar 02, 2010 1st report cal.209
Jan 06, 2010 referred to elections
Mar 16, 2009 substituted by a3910
Mar 12, 2009 advanced to third reading
Mar 11, 2009 2nd report cal.
Mar 10, 2009 1st report cal.100
Feb 02, 2009 referred to elections

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S1535 - Bill Details

See Assembly Version of this Bill:
A3910A
Law Section:
Election Law
Laws Affected:
Amd §11-306, El L

S1535 - Bill Texts

view summary

Relates to the rights of a victim of domestic violence to cast special ballots if they leave their residence because of such violence; includes family and household members.

view sponsor memo
BILL NUMBER: S1535

TITLE OF BILL :
An act to amend the election law, in relation to special ballots for
victims of domestic violence


PURPOSE :
This bill incorporates by reference the broad definitions of "domestic
violence" and "family member" contained in the Domestic Violence
Prevention Act in the Social Security Law.

SUMMARY OF SPECIFIC PROVISIONS :
Amends section 11-306 of the Election Law, as added by Chapter 702 of
the Laws of 1996. This chapter did not contain definitions of
"domestic violence" or of "family members".

JUSTIFICATION :
Chapter 702 of 1996 permits victims of domestic violence who have fled
the family residence because of danger to themselves or members of
their families to cast their votes at the Board of Elections by paper
ballot, rather than being required to appear at the polling place,
where their abusers might be able to stalk them. However, Chapter 702
did not contain definitions of "domestic violence" or "family
members". This new legislation clarifies that domestic violence
includes such things as "harassment" and "menacing" as well as actual
physical abuse. The definition of family members is clarified to
include ex-spouse, the parents of a child and residents of the same
household.

LEGISLATIVE HISTORY :
S.4214 of 2002 Referred to Rules
S.1320 of 2003 3rd Reading
S.1320 of 2004 Referred to Elections
S.238 of 2005 Committed to Rules
S.238 of 2006 Referred to Elections
S.5068 of 2007 Referred to Elections
S.5068 of 2008 Referred to Elections

FISCAL IMPLICATIONS :
None to the state.

EFFECTIVE DATE :
This act shall take effect immediately.
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The Bill text is not available.

S1535A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3910A
Law Section:
Election Law
Laws Affected:
Amd §11-306, El L

S1535A (ACTIVE) - Bill Texts

view summary

Relates to the rights of a victim of domestic violence to cast special ballots if they leave their residence because of such violence; includes family and household members.

view sponsor memo
BILL NUMBER: S1535A

TITLE OF BILL :
An act to amend the election law, in relation to special ballots for
victims of domestic violence


PURPOSE :
This bill incorporates by reference the broad definitions of "domestic
violence" and "family member".

SUMMARY OF PROVISIONS :
Amends section 11-306 of the Election Law, as added by Chapter 702 of
the Laws of 1996. This chapter did not contain definitions of
"domestic violence" or of "family members".

JUSTIFICATION :
Chapter 702 of 1996 permits victims of domestic violence who have fled
the family residence because of danger to themselves or members of
their families to cast their votes at the Board of Elections by paper
ballot, rather than being required to appear at the polling place,
where their abusers might be able to stalk them. However, Chapter 702
did not contain definitions of "domestic violence" or "family
members". This new legislation clarifies that domestic violence
includes such things as "harassment" and "menacing" as well as actual
physical abuse. The definition of family members is clarified to
include ex-spouse, the parents of a child and persons who have been in
an intermittent relationship.

LEGISLATIVE HISTORY :
2010-09: Referred to Rules
2008-07: S.5068 - Referred to Rules
2006: S.238 - Referred to Rules
2005: S.238 - Referred to Rules
2004: S.1320 - Referred to Elections
2003: S.1320 - 3rd Reading

FISCAL IMPLICATIONS :

None to the state.

EFFECTIVE DATE :
This act shall take effect immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1535--A
    Cal. No. 209

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens. MORAHAN, BONACIC, DILAN, KRUEGER, THOMPSON -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Elections -- recommitted to the Committee on Elections in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04093-03-0

S. 1535--A                          2

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.

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