Assembly Bill A8277A

                                BILL NUMBER:A8277A

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 ensure that every
qualified voter has
the opportunity to vote in a manner set forth by the legislature.

SUMMARY OF PROVISIONS:
Section 1: Amends section 2 of article II of the constitution to
remove provisions that limit the legislature's ability to provide
voting options other than appearance in person on the day of an
election. As amended the section would permit the legislature to
provide the manner, time, and place for qualified voters to vote on
or before the day of the election other than by personal
appearance.

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.

JUSTIFICATION:
              

The constitution currently authorizes the legislature to provide for
the time, place, and manner that qualified voters may cast a ballot
(commonly called an "absentee ballot") when they are ill or
physically disabled, or absent from their county (or for New York
City residents, absent from New York City) on the day of an election.
This provision apparently does not authorize the legislature to
provide for alternative means of voting in other circumstances such
as when family or child care responsibilities, care for a sick
relative, or working hours make it difficult or impossible for voters
to appear in person at their poll sites.

This proposed constitutional amendment would remove these limitations
and grant the legislature flexibility to provide an opportunity for
all qualified voters to vote irrespective of the reason they may not
be voting in person at the poll site. This would enable the
legislature-through subsequent legislation-to increase participation
in the democratic process by facilitating voting for those who might
not otherwise be able to go to the polls for reasons other than those
currently enumerated, thereby eliminating arbitrary restrictions on
the ability to vote. Furthermore, the amendment would enable the
legislature to consider other methods of voting such as early voting,
which currently may not be constitutional in New York.

LEGISLATIVE HISTORY:

2009: A8277 (Kavanagh)Election Law.

FISCAL IMPACT ON THE STATE: None.

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