Senate Bill S4737

2009-2010 Legislative Session

Clarifies that individuals have the ability to vote by absentee ballot where their maximum sentence of imprisonment has expired

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Archive: Last Bill Status - In Senate Committee Elections Committee

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
Mar 08, 2010	committee discharged and committed to elections
Jan 06, 2010	referred to education
May 01, 2009	print number 4737a
May 01, 2009	amend and recommit to education
Apr 27, 2009	referred to education

Bill Amendments

Original

A (Active)

2009-S4737 - Details

Current Committee:: Senate Elections
Versions Introduced in Other Legislative Sessions:: 2011-2012: S376
2013-2014: S1368
2015-2016: S1011
2017-2018: S8617
2019-2020: S7529
2021-2022: S265
2023-2024: S3047
2025-2026: S3791

2009-S4737 - Summary

Clarifies that individuals have the ability to vote by absentee ballot where their maximum sentence of imprisonment has expired.

2009-S4737 - Sponsor Memo

2009-S4737 - Bill Text download pdf

2009-S4737A (ACTIVE) - Details

Current Committee:: Senate Elections
Versions Introduced in Other Legislative Sessions:: 2011-2012: S376
2013-2014: S1368
2015-2016: S1011
2017-2018: S8617
2019-2020: S7529
2021-2022: S265
2023-2024: S3047
2025-2026: S3791

2009-S4737A (ACTIVE) - Summary

Clarifies that individuals have the ability to vote by absentee ballot where their maximum sentence of imprisonment has expired.

2009-S4737A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4737A

 TITLE OF BILL :
An act to amend the education law and the town law, in relation to
clarifying that individuals have the ability to vote by absentee
ballot where their maximum sentence of imprisonment has expired


 PURPOSE OR GENERAL IDEA OF BILL :
This legislation makes conforming changes to the education law and the
town law to ensure that the "statement of the absentee voter" printed
on an absentee ballot envelope is consistent with the existing
election law provision regarding the ability of a person to vote once
they have completed their maximum sentence of imprisonment or have
been discharged from parole.

 SUMMARY OF SPECIFIC PROVISIONS :
Sections 1 and 2 of the bill make conforming changes to section 2018-a
of the education law to ensure that the "statement of absentee voter"
printed on the absentee ballot envelope is consistent with existing
election law which provides that a person convicted of a felony and
incarcerated may vote once they have completed their maximum sentence
of imprisonment or have been discharged from parole.

Sections 3, 4 and 5 of the bill make conforming changes to the town
law to ensure that the "statement of absentee voter" printed on the

absentee ballot envelope is consistent with existing election law
which provides that a person convicted of a felony and incarcerated
may vote once they have completed their maximum sentence of
imprisonment or have been discharged from parole.

Section 6 of provides that the bill shall take effect immediately.

 JUSTIFICATION :
Election law §5-106(2) provides that a person convicted of a felony
and incarcerated is not eligible to vote. However, such person's right
to vote is automatically restored once they have completed their
maximum sentence of imprisonment. However, the "statement of absentee
voter" printed on the envelope of the absentee ballot pursuant to the
education law and town law is confusing because it is not consistent
with §5-106 of the election law. Therefore, this bill amends the
education law and town law by adding the language from §5-106 of the
election law to clarify that a person can vote once their maximum
sentence of imprisonment has expired or have been discharged from
parole.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S4737A (ACTIVE) - Bill Text download pdf

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

                                 4737--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07941-04-9

S. 4737--A                          2

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 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

S. 4737--A                          3

my disability to 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 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

S. 4737--A                          4

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
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

S. 4737--A                          5

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 6. This act shall take effect immediately.

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Senate Bill S4737

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

Bill Amendments

2009-S4737 - Details

2009-S4737 - Summary

2009-S4737 - Sponsor Memo

2009-S4737 - Bill Text download pdf

2009-S4737A (ACTIVE) - Details

2009-S4737A (ACTIVE) - Summary

2009-S4737A (ACTIVE) - Sponsor Memo

2009-S4737A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S4737

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

Bill Amendments

2009-S4737 - Details

2009-S4737 - Summary

2009-S4737 - Sponsor Memo

2009-S4737 - Bill Text download pdf

2009-S4737A (ACTIVE) - Details

2009-S4737A (ACTIVE) - Summary

2009-S4737A (ACTIVE) - Sponsor Memo

2009-S4737A (ACTIVE) - Bill Text download pdf

Comments