S T A T E   O F   N E W   Y O R K
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                                  3125

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M.  of  A.  BRADLEY,  BENJAMIN, BING, CANESTRARI, CLARK,
  DINOWITZ, ESPAILLAT, GALEF, MILLMAN, PAULIN, PEOPLES, PHEFFER, POWELL,
  SCHIMMINGER -- Multi-Sponsored by -- M. of A. ABBATE, BOYLAND --  read
  once and referred to the Committee on Election Law

AN  ACT  to  amend  the  election  law, in relation to allowing election
  inspectors to vote through the use of an absentee ballot  rather  than
  through the use of a special ballot

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

  Section 1. Paragraph (f) of subdivision 1  of  section  8-400  of  the
election  law  is  amended  and  a new paragraph (g) is added to read as
follows:
  (f) 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 prison after a conviction for an offense other than a  felo-
ny,  provided  that  he  OR  SHE  is  qualified  to vote in the election
district of his residence[.]; OR
  (G) UNABLE TO APPEAR PERSONALLY AT THE POLLING PLACE OF  THE  ELECTION
DISTRICT  IN WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE HE OR SHE IS A
POLLING INSPECTOR AT ANOTHER POLLING PLACE.
  S 2. Section 11-302 of the election law, as amended by chapter 243  of
the laws of 2003, is amended to read as follows:
  S  11-302.  Special  ballots for board of election employees. A person
who is an employee of the board of elections or who has  been  appointed
to  serve as an inspector of elections, poll clerk or election coordina-
tor at a polling place other than the one at which he or she  is  regis-
tered to vote, may deliver to the inspectors of election of the election
district in which he or she is registered, or to the board of elections,
at  any  time  during the period in which an application for an absentee
ballot may be so delivered pursuant to the provisions of this chapter, a
written statement that he or she will be unable to appear at the polling

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03265-01-9
              

A. 3125                             2

place for such election district on the day of an election  because  his
or  her  duties  as  an  employee of such board or as an inspector, poll
clerk or election coordinator require him or her to  be  elsewhere.  The
board  of  elections  shall  (I) provide such voter a special ballot not
earlier than two weeks before the election and not later than the  close
of  the polls on election day; OR (II) INFORM ANY INSPECTOR OF ELECTIONS
THAT HE OR SHE MAY CAST HIS OR HER VOTE THROUGH THE USE OF  AN  ABSENTEE
BALLOT.  [Such  cast]  ALL  SUCH  SPECIAL ballots may be delivered to an
office of such board of elections or to  any  board  of  inspectors  not
later  than  the close of the polls on election day. Such ballots may be
delivered 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
chapter as such board shall, in its discretion, determine by  resolution
adopted  at  least  thirty  days  before  election day. ANY INSPECTOR OF
ELECTIONS WHO CHOOSES TO CAST HIS OR HER VOTE THROUGH AN ABSENTEE BALLOT
SHALL COMPLY WITH THE PROCEDURES  FOR  CASTING  AN  ABSENTEE  BALLOT  AS
PROVIDED IN ARTICLE EIGHT OF THIS CHAPTER.
  S 3. This act shall take effect immediately.