S T A T E O F N E W Y O R K
________________________________________________________________________
3786
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
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Introduced by M. of A. ROSENTHAL, P. RIVERA, DINOWITZ, KELLNER, ESPAIL-
LAT, GORDON, PERRY, EDDINGTON, PERALTA -- Multi-Sponsored by -- M. of
A. BOYLAND, CAMARA -- read once and referred to the Committee on
Election Law
AN ACT to amend the election law, in relation to requiring the board of
elections to provide a registered voter with a sample ballot prior to
an election
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4-117 of the election law is amended by adding a
new subdivision 1-a to read as follows:
1-A. THE BOARD OF ELECTIONS, NOT LESS THAN TEN DAYS NOR MORE THAN
TWENTY DAYS BEFORE THE DAY OF THE GENERAL ELECTION IN EACH YEAR, SHALL
SEND BY FIRST CLASS MAIL ON WHICH IS ENDORSED "ADDRESS CORRECTION
REQUESTED" AND WHICH CONTAINS A REQUEST THAT ANY SUCH MAIL RECEIVED FOR
PERSONS NOT RESIDING AT THE ADDRESS BE DROPPED BACK IN THE MAIL, A
SAMPLE BALLOT, AS REQUIRED PURSUANT TO SECTION 7-118 OF THIS CHAPTER, IN
A FORM APPROVED BY THE STATE BOARD OF ELECTIONS, TO EVERY REGISTERED
VOTER WHO HAS BEEN REGISTERED WITHOUT A CHANGE OF ADDRESS SINCE THE
BEGINNING OF SUCH YEAR. THE BOARD OF ELECTIONS SHALL NOT BE REQUIRED TO
SEND SUCH SAMPLE BALLOT TO VOTERS IN INACTIVE STATUS. IN LIEU OF SEND-
ING SUCH COMMUNICATION WITH SUCH SAMPLE BALLOT TO EVERY REGISTERED
VOTER, THE BOARD OF ELECTIONS MAY SEND A SINGLE COMMUNICATION TO A
HOUSEHOLD CONTAINING MORE THAN ONE REGISTERED VOTER, PROVIDED THAT THE
NAMES OF ALL SUCH VOTERS APPEAR AS PART OF THE ADDRESS ON SUCH COMMUNI-
CATION.
S 2. Section 7-118 of the election law, as amended by chapter 157 of
the laws of 1996, is amended to read as follows:
S 7-118. Ballots; facsimile and sample. The board of elections shall
provide facsimile and sample ballots which shall be arranged in the form
of a diagram showing such part of the face of the voting machine as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02814-01-9
A. 3786 2
shall be in use at that election. Such facsimile and sample ballots
shall be either in full or reduced size and shall contain suitable
illustrated directions for voting on the voting machine. Such facsimile
ballots shall be mounted and displayed for public inspection at each
polling place during election day. Sample ballots [may] SHALL be mailed
by the board of elections to each eligible voter [at least three days]
NOT LESS THAN TEN DAYS NOR MORE THAN TWENTY DAYS before the election[,
or in lieu thereof, a copy of such sample ballot may be published at
least once within one week preceding the election in newspapers repres-
enting the major political parties]. One copy of such facsimile shall be
sent to each school in the county, providing the ninth through the
twelfth years of compulsory education, and in the city of New York to
each such school in the city of New York, at least one week before each
general election for posting at a convenient place in such school. The
board of elections shall also send a facsimile ballot to any other
school requesting such a ballot.
S 3. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.