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

                                  3227

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sens.  FLANAGAN,  BONACIC,  DeFRANCISCO,  LANZA, LARKIN,
  LITTLE, MORAHAN, VOLKER -- read twice and ordered  printed,  and  when
  printed to be committed to the Committee on Elections

AN  ACT  to  amend the election law, in relation to absentee ballots for
  patients or inmates of Veteran Administration medical facilities

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

  Section 1. Section 8-404 of the election law, the opening paragraph of
subdivision  1  as  amended by chapter 359 of the laws of 1989 and para-
graph (b) of subdivision 1 as amended by chapter  373  of  the  laws  of
1978, is amended to read as follows:
  S  8-404.  Absentee voting; hospitalized veterans, special provisions.
1. UNITED STATES VETERANS' (V.A.) MEDICAL FACILITIES USUALLY ARE CLASSI-
FIED AS MEDICAL CENTERS FOR ACUTE-CARE FACILITIES AND AS  EXTENDED  CARE
CENTERS FOR LONG-TERM CARE FACILITIES. After entering upon the registra-
tion  records,  the application for registration of an inmate or patient
of a [veterans' administration hospital] V.A. EXTENDED CARE CENTER as to
whom the medical superintendent or medical head  of  such  hospital  has
attested  that  he  OR SHE expects that he OR SHE will not be discharged
prior to the day following the next general or special village, primary,
special, general or New York city community  school  board  district  or
city of Buffalo school district election, and the application for regis-
tration by the spouse, parent or child of such inmate or patient, accom-
panying or being with him or her, if a qualified voter and a resident of
the  same  election  district,  the  board of elections, without further
investigation and without further application by  the  applicant,  shall
send  to him at such hospital an absentee ballot and shall record in the
signature column on the back of his OR HER permanent personal  registra-
tion poll record that such ballot has been sent.
  (a)  Any  voter  who is duly registered and whose registration records
are marked "Hospitalized Veteran" or "Hospitalized  Veteran's  Relative"

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00285-01-9
              

S. 3227                             2

need  not thereafter make application for an absentee ballot. Sixty days
before each election, the board of elections shall compile  and  send  a
list  to  each  [veterans'  administration  hospital] V.A. EXTENDED CARE
CENTER  of  all inmates and patients of [veterans' administration hospi-
tals] V.A. EXTENDED CARE CENTERS who appear by the records of such board
to be "hospitalized veterans" entitled to receive  absentee  ballots  at
each  such  [hospital]  V.A.    EXTENDED  CARE  CENTER  pursuant  to the
provisions of this section.  Each  [veterans'  administration  hospital]
V.A. EXTENDED CARE CENTER shall no later than fifteen days following the
receipt  of  such  list,  return  it with notations made thereon showing
whether the inmate or patient continues to be confined  therein  or  has
been  discharged  therefrom. Upon the receipt of such returned list from
each [veterans' administration hospital] V.A. EXTENDED CARE CENTER  with
the  proper notations showing that a "hospitalized veteran" continues to
be confined in such [hospital] V.A. EXTENDED CARE CENTER, the  board  of
elections,  by  mail  addressed to such "hospitalized veteran" at his OR
HER last known [hospital] V.A. EXTENDED CARE CENTER address and by  mail
addressed  to  such "hospitalized veteran's relative" at his OR HER last
known address shall send an absentee ballot for the ensuing election  to
such  "hospitalized  veteran" and such "hospitalized veteran's relative"
an absentee ballot in the same manner as provided herein for a qualified
voter entitled to an absentee ballot because  of  permanent  disability.
The  board  shall  record  on  the  back of his OR HER registration poll
record in the space reserved for his OR HER signature at such  election,
the fact that such ballot has been sent.
  (b)  If  the  returned list from a [veterans' administration hospital]
V.A. EXTENDED CARE CENTER contains a notation showing that a  "hospital-
ized veteran" is no longer an inmate or patient at the [veterans' admin-
istration  hospital]  V.A.  EXTENDED  CARE  CENTER  where  he  OR SHE is
recorded as staying, or if such letter containing  an  absentee  voter's
ballot  for  a "hospitalized veteran" or a "hospitalized veterans' rela-
tive" is returned by the post office  as  undeliverable,  the  board  of
elections  shall ascertain whether the "hospitalized veteran" or "hospi-
talized veteran's relative" is residing at the address given on  his  OR
HER  registration  records as his OR HER permanent address. If he OR SHE
is residing there, the board shall not  send  him  OR  HER  any  further
absentee  ballots  unless he OR SHE applies therefor in the regular way.
If he OR SHE is not residing at the place of residence given on  his  OR
HER  registration  records  but  the board ascertains that he OR SHE has
been transferred to another  [veterans'  administration  hospital]  V.A.
EXTENDED CARE CENTER, the board shall cause a central board of registra-
tion  to  make  the necessary changes of temporary address on his OR HER
registration records and shall continue  sending  him  OR  HER  absentee
ballots  at  the  [veterans' administration hospital] V.A. EXTENDED CARE
CENTER where he OR SHE is staying. If he OR SHE is not residing  at  the
place  of  residence  given  on  his OR HER registration records and the
board cannot ascertain that he OR SHE has been  transferred  to  another
[veterans' administration hospital] V.A. EXTENDED CARE CENTER, the board
shall  cancel  his  OR  HER  registration.    Whenever a registration is
cancelled pursuant hereto notice shall be mailed to the veteran  or  his
OR  HER  relative  at  his  OR  HER permanent residence address and last
temporary address.
  2. The board of elections shall furnish to each party county  chairman
in such county a list of the names and residence addresses of the hospi-
talized  veterans  and hospitalized veterans' relatives to whom absentee
ballots have been sent.

S. 3227                             3

  3. Such  ballots  shall  be  mailed,  voted,  returned,  counted,  and
canvassed  as  provided  in  this  chapter  for  other  absentee voters'
ballots.
  4.  ONE  DAY  PRIOR TO A GENERAL OR SPECIAL VILLAGE, PRIMARY, SPECIAL,
GENERAL OR NEW YORK CITY COMMUNITY SCHOOL  BOARD  DISTRICT  OR  CITY  OF
BUFFALO  SCHOOL  DISTRICT  ELECTION;  THE  PATIENTS  AND INMATES OF V.A.
MEDICAL CENTERS AND V.A. EXTENDED CARE CENTERS WILL BE CANVASSED BY  THE
LOCAL  BOARD OF ELECTIONS TO IDENTIFY QUALIFIED VOTERS NOT REGISTERED TO
RECEIVE ABSENTEE BALLOTS WHO ARE REQUESTING EMERGENCY AFFIDAVIT  BALLOTS
FOR  THE  ELECTION  DISTRICTS  IN WHICH THEY RESIDE. ON ELECTION DAY THE
LOCAL BOARD OF ELECTIONS  SHALL  DISTRIBUTE  THOSE  EMERGENCY  AFFIDAVIT
BALLOTS TO THE PATIENTS AND INMATES OF THE V.A. MEDICAL CENTERS AND V.A.
EXTENDED  CARE CENTERS WHO ARE QUALIFIED VOTERS, WHO HAVE NOT REGISTERED
FOR ABSENTEE BALLOTS AND WHO HAVE REQUESTED EMERGENCY AFFIDAVIT BALLOTS.
THE LOCAL BOARD OF ELECTIONS ON ELECTION DAY SHALL COLLECT THE EMERGENCY
AFFIDAVIT BALLOTS FROM SUCH PATIENTS.
  S 2. This act shall take effect immediately.