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

                                  9419

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by M. of A. GALEF -- 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD03265-01-9

A. 9419                             2

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.