NY State Senate Bill S5028B

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (22)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2010	referred to judiciary
Jun 08, 2010	delivered to assembly passed senate
May 17, 2010	opinion referred to judiciary
May 10, 2010	advanced to third reading to attorney-general for opinion
May 05, 2010	2nd report cal.
May 04, 2010	1st report cal.485
Feb 10, 2010	print number 5028b
Feb 10, 2010	amend and recommit to judiciary
Feb 09, 2010	print number 5028a
Feb 09, 2010	amend and recommit to judiciary
Feb 02, 2010	opinion referred to judiciary
Jan 12, 2010	to attorney-general for opinion
Jan 06, 2010	referred to judiciary
Jul 16, 2009	committed to rules
May 26, 2009	advanced to third reading
May 20, 2009	2nd report cal.
May 19, 2009	1st report cal.362
May 12, 2009	opinion referred to judiciary
May 04, 2009	to attorney-general for opinion
Apr 27, 2009	referred to judiciary

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S5028 - Details

See Assembly Version of this Bill:: A8277
Current Committee:: Assembly Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 2 §2, Constn
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1563, A5911
2013-2014: S2542, A2045
2015-2016: A2644

S5028 - Summary

Removes limitations on voting by absentee ballot that are required by the constitution.

S5028 - Sponsor Memo

 BILL NUMBER:  S5028

 TITLE OF BILL :

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to section 2 of article 2 of the constitution, in relation
to absentee voting


 PURPOSE :

The bill is designed to allow any qualified person who is registered
to vote to do so by absentee ballot for any reason and without
explanation

 SUMMARY OF PROVISIONS :

Section 1: Amends section 2 of article II of the constitution to
delete the requirement that in order to vote by absentee ballot a
qualified persons must anticipate being out of the county on the day
of the election or unable to vote in person because of may be absent
from the county of their residence or unable to appear in person at
the polling place due to illness or physical disability.

Section 2: Provides that the amendment be referred to the first
regular legislative session after the next general election of members

of the assembly and be published for three months prior to the date of
such election.

 EXISTING LAW :

Section 2 of article II of the constitution requires that voters
anticipate that they will be out of the county on election day or
otherwise unable to go to the polls because of illness or physical
disability. No other exceptions are allowed, and over the years the
legislature has grafted onto this restriction additional requirements
for disclosure of the reason the person will be out ofthe county or is
unable to go to the polls, where the voter will be and the dates that
the voter will be away.

 JUSTIFICATION :

The restrictions on absentee voting have proved more and more onerous
as we have become a more mobile society. The disclosures required by
current law but not the constitution not only violate peoples' privacy
rights, but, because absentee ballot requests are a public record,
they also pose a threat to the safety and security of people who are
ill or disabled, as well as to the property of those who will be out
of the county.

The constitution's requirements, as well as those adopted by the
legislature have opened the door widespread and costly litigation in
close and hotly contested races, which place an unnecessary burden on
both candidates and the boards of elections. One of the most recent
examples of this occurred in the recently settled election in the 20th
Congressional District to replace Kirsten Gillibrand, who was
appointed to fill a Senate vacancy by the governor. In that contest,
Republican candidate Jim Tedesco challenged the absentee ballot cast
by Senator Gillibrand because she might have been in the district on
election day, despite the fact that a voter only needs to have a
reasonable expectation that he or she will be absent from the county
on election day in order to vote my absentee ballot. Removal of the
constitutional restrictions on voting by absentee ballot will
eliminate such unnecessary wastes of time and money, prevent the
disenfranchisement of qualified voters and encourage voting by those
who might not otherwise go to the polls if it is inconvenient.
 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This amendment takes effect on the first day of January of the year
after its approval and ratification by the people.

S5028 - Bill Text download pdf

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

                                  5028

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 2 of article 2 of the constitution, in
  relation to absentee voting

  Section 1. Resolved (if the Assembly concur), That section 2 of  arti-
cle 2 of the constitution be amended to read as follows:
  S  2.  The legislature may, by general law, provide a manner in which,
and the time and place at which, qualified voters [who,  on  the  occur-
rence  of any election, may be absent from the county of their residence
or, if residents of the city of New York, from the city,  and  qualified
voters  who,  on the occurrence of any election, may be unable to appear
personally at the polling place because of illness or physical disabili-
ty,] may vote BY ABSENTEE BALLOT and for the return and canvass of their
votes.
  S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89135-01-9

Co-Sponsors

S5028A - Details

See Assembly Version of this Bill:: A8277
Current Committee:: Assembly Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 2 §2, Constn
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1563, A5911
2013-2014: S2542, A2045
2015-2016: A2644

S5028A - Summary

Removes limitations on voting by absentee ballot that are required by the constitution.

S5028A - Sponsor Memo

 BILL NUMBER:  S5028A

 TITLE OF BILL :

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to section 2 of article 2 of the constitution, in relation
to absentee voting


 PURPOSE :

The bill is designed to allow any qualified person who is registered
to vote to do so by absentee ballot for any reason and without
explanation.

 SUMMARY OF PROVISIONS :

Section 1: Amends section 2 of article II of the constitution to
delete the requirement that in order to vote by absentee ballot a
qualified person must anticipate being out of the county on the day of
the election or unable to vote in person because  HE OR SHE  may be
absent from the county of  HIS OR HER  residence or unable to appear
in person at the polling place due to illness or physical disability.

Section 2: Provides that the amendment be referred to the first
regular legislative session after the next general election of members

of the assembly and be published for three months prior to the date of
such election.

 EXISTING LAW :

Section 2 of article II of the constitution requires that voters
anticipate that they will be out of the county on election day or
otherwise unable to go to the polls because of illness or physical
disability. No other exceptions are allowed, and over the years the
legislature has grafted onto this restriction additional requirements
for disclosure of the reason the person will be out of the county or
is unable to go to the polls, where the voter will be and the dates
that the voter will be away.

 JUSTIFICATION :

The restrictions on absentee voting have proved more and more onerous
as we have become a more mobile society, and have also proven to be a
source of much litigation. The disclosures required by current law but
not the constitution not only violate peoples' privacy rights, but,
because absentee ballot requests are a public record, they also pose a
threat to the safety and security of people who are ill or disabled,
as well as to the property of those who will be out of the county.

The constitution's requirements, as well as those adopted by the
legislature have opened the door widespread and costly litigation in
close and hotly contested races, which place an unnecessary burden on
both candidates and the boards of elections. One of the most recent
examples of this occurred in the recently settled election in the 20th
Congressional District to replace Kirsten Gillibrand, who was
appointed to fill a Senate vacancy by the governor. In that contest,
Republican candidate Jim Tedesco challenged the absentee ballot cast
by Senator Gillibrand because she might have been in the district on
election day, despite the fact that a voter only needs to have a
reasonable expectation that he or she will be absent from the county
on election day in order to vote my absentee ballot.

Removal of the constitutional restrictions on voting by absentee
ballot will eliminate such unnecessary wastes of time and money,
prevent the disenfranchisement of qualified voters and encourage
voting by those who might not otherwise go to the polls if it is
inconvenient. It will permit the Legislature to allow qualified
persons to request a paper ballot without requiring an explanation of
the reason for the request, which could be private and personal. It
will also empower the Legislature to consider and determine whether
new technologies may be used for voting at places other than at the
polling place, and whether voting by such means may take place on or
before the date set for an election.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This amendment takes effect on the first day of January of the year
after its approval and ratification by the people.

S5028A - Bill Text download pdf

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

                                 5028--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sens. ADDABBO, THOMPSON -- read twice and ordered printed,
  and  when  printed  to  be  committed to the Committee on Judiciary --
  recommitted to the Committee on Judiciary in  accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 2 of article 2 of the constitution, in
  relation to absentee voting

  Section 1. Resolved (if the Assembly concur), That section 2 of  arti-
cle 2 of the constitution be amended to read as follows:
  S  2.  The legislature may, by general law, provide a manner in which,
and the time and place at which, qualified voters [who,  on  the  occur-
rence  of any election, may be absent from the county of their residence
or, if residents of the city of New York, from the city,  and  qualified
voters  who,  on the occurrence of any election, may be unable to appear
personally at the polling place because of illness or physical disabili-
ty,] may vote OTHER THAN ON THE DAY DESIGNATED FOR AN ELECTION AND OTHER
THAN BY PERSONAL APPEARANCE AT THE POLLING PLACE and for the return  and
canvass of their votes.
  S  2.  Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89135-02-0

Co-Sponsors

S5028B (ACTIVE) - Details

See Assembly Version of this Bill:: A8277
Current Committee:: Assembly Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 2 §2, Constn
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1563, A5911
2013-2014: S2542, A2045
2015-2016: A2644

S5028B (ACTIVE) - Summary

Removes limitations on voting by absentee ballot that are required by the constitution.

S5028B (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5028B

 TITLE OF BILL :

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to section 2 of article 2 of the constitution, in relation
to absentee voting


 PURPOSE :

The bill is designed to allow any qualified person who is registered
to vote to do so by absentee ballot for any reason and without
explanation.

 SUMMARY OF PROVISIONS :

Section 1: Amends section 2 of article II of the constitution to
delete the requirement that in order to vote by absentee ballot a
qualified person must anticipate being out of the county on the day of
the election or unable to vote in person because
 HE OR SHE  may be absent
from the county of
 HIS OR HER  residence or unable to appear in person
at the polling place due to illness or physical disability.

Section 2: Provides that the amendment be referred to the first
regular legislative session after the next general election of members
of the assembly and be published for three months prior to the date of
such election.

 EXISTING LAW :

Section 2 of article II of the constitution requires that voters
anticipate that they will be out of the county on election day or
otherwise unable to go to the polls because of illness or physical
disability. No other exceptions are allowed, and over the years the
legislature has grafted onto this restriction additional requirements
for disclosure of the reason the person will be out of the county or
is unable to go to the polls, where the voter will be and the dates
that the voter will be away.

 JUSTIFICATION :

The restrictions on absentee voting have proved more and more onerous
as we have become a more mobile society, and have also proven to be a
source of much litigation.  The disclosures required by current law
but not the constitution not only violate peoples' privacy rights, but
because absentee ballot requests are a public record, they also pose a
threat to the safety and security of people who are ill or disabled,
as well as to the property of those who will be out of the county.

The constitution's requirements, as well as those adopted by the
legislature have opened the door widespread and costly litigation in
close and hotly contested races, which place an unnecessary burden on
both candidates and the boards of elections. One of the most recent
examples of this occurred in the recently settled election in the 20th
congressional District to replace Kirsten Gillibrand, who was
appointed to fill a Senate vacancy by the governor. In that contest,
Republican candidate Jim Tedesco challenged the absentee ballot cast
by Senator Gillibrand because she might have been in the district on
election day, despite the fact that a voter only needs to have a
reasonable expectation that he or she will be absent from the county
on election day in order to vote my absentee ballot.


Removal of the constitutional restrictions on voting by absentee
ballot will eliminate such unnecessary wastes of time and money,
prevent the disenfranchisement of qualified voters and encourage
voting by those who might not otherwise go to the polls if it is
inconvenient. It will permit the Legislature to allow qualified
persons to request a paper ballot without requiring an explanation of
the reason for the request, which could be private and personal. It
will also empower the Legislature to consider and determine whether
new technologies may be used for voting at places other than at the
polling place, and whether voting by such means may take place on or
before the date set for an election.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This amendment takes effect on the first day of January of the year
after its approval and ratification by the people.

S5028B (ACTIVE) - Bill Text download pdf

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

                                 5028--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sens. ADDABBO, THOMPSON -- read twice and ordered printed,
  and  when  printed  to  be  committed to the Committee on Judiciary --
  recommitted to the Committee on Judiciary in  accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 2 of article 2 of the constitution, in
  relation to absentee voting

  Section  1. Resolved (if the Assembly concur), That section 2 of arti-
cle 2 of the constitution be amended to read as follows:
  S 2. The legislature may, by general law, provide a manner  in  which,
and  the  time  and place at which, qualified voters [who, on the occur-
rence of any election, may be absent from the county of their  residence
or,  if  residents of the city of New York, from the city, and qualified
voters who, on the occurrence of any election, may be unable  to  appear
personally at the polling place because of illness or physical disabili-
ty,]  may vote ON OR BEFORE THE DAY DESIGNATED FOR AN ELECTION AND OTHER
THAN BY PERSONAL APPEARANCE AT THE POLLING PLACE and for the return  and
canvass of their votes.
  S  2.  Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89135-04-0

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The New York State Senate

senate Bill S5028B

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 8, 2010 - floor Vote

Floor Vote: Jun 8, 2010

May 4, 2010 - Judiciary committee Vote

Judiciary Committee Vote: May 4, 2010

Bill Amendments

Co-Sponsors

S5028 - Details

S5028 - Summary

S5028 - Sponsor Memo

S5028 - Bill Text download pdf

Co-Sponsors

S5028A - Details

S5028A - Summary

S5028A - Sponsor Memo

S5028A - Bill Text download pdf

Co-Sponsors

S5028B (ACTIVE) - Details

S5028B (ACTIVE) - Summary

S5028B (ACTIVE) - Sponsor Memo

S5028B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5028B

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 8, 2010 - floor Vote

Floor Vote: Jun 8, 2010

May 4, 2010 - Judiciary committee Vote

Judiciary Committee Vote: May 4, 2010

Bill Amendments

Co-Sponsors

S5028 - Details

S5028 - Summary

S5028 - Sponsor Memo

S5028 - Bill Text download pdf

Co-Sponsors

S5028A - Details

S5028A - Summary

S5028A - Sponsor Memo

S5028A - Bill Text download pdf

Co-Sponsors

S5028B (ACTIVE) - Details

S5028B (ACTIVE) - Summary

S5028B (ACTIVE) - Sponsor Memo

S5028B (ACTIVE) - Bill Text download pdf

Comments