The New York State Senate

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

                                   658

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Election Law

AN  ACT to amend the election law, in relation to absentee voting quali-
  fications

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

  Section  1.  Subdivision  1  of section 8-400 of the election law, the
opening paragraph as amended by chapter 359 of  the  laws  of  1989,  is
amended and a new subdivision 10 is added to read as follows:
  1.  A qualified voter may vote as an absentee voter under this chapter
if, on the occurrence of any village election conducted by the board  of
elections,  primary  election, special election, general election or New
York city community school board district  or  city  of  Buffalo  school
district election, he OR SHE will be[:
  (a)  unavoidably  absent  from  the  county of his residence, or, if a
resident of the city of New York absent from  said  city,  because  his]
UNABLE  TO  VOTE IN PERSON DUE TO duties, occupation, business, PERSONAL
MATTERS or studies [require him to be elsewhere on the day of  election;
or
  (b)  absent  from  such county or city because he is on vacation else-
where on the day of election; or
  (c) unable to appear personally at the polling place of  the  election
district in which he is a qualified voter because of illness or physical
disability,  whether permanent or temporary, or because he will be or is
a patient in a hospital; or
  (d) he is a person entitled to a ballot  because  he  is  a  qualified
voter  registered  as an inmate or patient of a veteran's administration
hospital; or
  (e) 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 a

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

                                                           LBD01202-01-9

A. 658                              2

spouse, parent or child who would be entitled to apply for the right  to
vote by absentee ballot if a qualified voter; or
  (f)  absent  from  his voting residence because he 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 felony, provided that  he
is qualified to vote in the election district of his residence].
  10.  NO SINGLE AGENT SHALL COLLECT MORE THAN FIFTEEN ABSENTEE BALLOTS,
EXCEPT UPON APPLICATION AND  APPROVAL  OF  TWO  INSPECTORS  REPRESENTING
DIFFERENT POLITICAL PARTIES.
  S 2. This act shall take effect immediately.