S T A T E O F N E W Y O R K
________________________________________________________________________
1455
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to an absentee ballot
application
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 3 of section 8-400 of the
election law, subparagraph (i) as amended by chapter 234 of the laws of
1976, is amended to read as follows:
(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 residence, or if a resi-
dent 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 the
dates when he 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 SUCH THAT THE APPLICANT WILL NOT BE
ABLE TO GO TO THE APPLICANT'S POLLING PLACE FOR SUCH ELECTION; [that he
has been advised by his medical practitioner or christian science prac-
titioner, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00246-01-9
A. 1455 2
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 an inmate or patient of a veteran's administration hospital; or
(v) detained in jail awaiting action by a grand jury or awaiting trial
or confined in prison after a conviction for an offense other than a
felony and stating the place where he 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.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.