Senate Bill S5028B

                                 BILL NUMBER:  S5028

 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 allow any qualified person who is registered
to vote to do so by absentee ballot for any reason and without
explanation

 SUMMARY OF PROVISIONS :

Section 1: Amends section 2 of article II of the constitution to
delete the requirement that in order to vote by absentee ballot a
qualified persons must anticipate being out of the county on the day
of the election or unable to vote in person because of may be absent
from the county of their residence or unable to appear in person at
the polling place due to illness or physical disability.

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.

 EXISTING LAW :

Section 2 of article II of the constitution requires that voters
anticipate that they will be out of the county on election day or
otherwise unable to go to the polls because of illness or physical
disability. No other exceptions are allowed, and over the years the
legislature has grafted onto this restriction additional requirements
for disclosure of the reason the person will be out ofthe county or is
unable to go to the polls, where the voter will be and the dates that
the voter will be away.

 JUSTIFICATION :

The restrictions on absentee voting have proved more and more onerous
as we have become a more mobile society. The disclosures required by
current law but not the constitution not only violate peoples' privacy
rights, but, because absentee ballot requests are a public record,
they also pose a threat to the safety and security of people who are
ill or disabled, as well as to the property of those who will be out
of the county.

The constitution's requirements, as well as those adopted by the
legislature have opened the door widespread and costly litigation in
close and hotly contested races, which place an unnecessary burden on
both candidates and the boards of elections. One of the most recent
examples of this occurred in the recently settled election in the 20th
Congressional District to replace Kirsten Gillibrand, who was
appointed to fill a Senate vacancy by the governor. In that contest,
Republican candidate Jim Tedesco challenged the absentee ballot cast
by Senator Gillibrand because she might have been in the district on
election day, despite the fact that a voter only needs to have a
reasonable expectation that he or she will be absent from the county
on election day in order to vote my absentee ballot. Removal of the
constitutional restrictions on voting by absentee ballot will
eliminate such unnecessary wastes of time and money, prevent the
disenfranchisement of qualified voters and encourage voting by those
who might not otherwise go to the polls if it is inconvenient.
 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

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

                                 BILL NUMBER:  S5028A

 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 allow any qualified person who is registered
to vote to do so by absentee ballot for any reason and without
explanation.

 SUMMARY OF PROVISIONS :

Section 1: Amends section 2 of article II of the constitution to
delete the requirement that in order to vote by absentee ballot a
qualified person must anticipate being out of the county on the day of
the election or unable to vote in person because  HE OR SHE  may be
absent from the county of  HIS OR HER  residence or unable to appear
in person at the polling place due to illness or physical disability.

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.

 EXISTING LAW :

Section 2 of article II of the constitution requires that voters
anticipate that they will be out of the county on election day or
otherwise unable to go to the polls because of illness or physical
disability. No other exceptions are allowed, and over the years the
legislature has grafted onto this restriction additional requirements
for disclosure of the reason the person will be out of the county or
is unable to go to the polls, where the voter will be and the dates
that the voter will be away.

 JUSTIFICATION :

The restrictions on absentee voting have proved more and more onerous
as we have become a more mobile society, and have also proven to be a
source of much litigation. The disclosures required by current law but
not the constitution not only violate peoples' privacy rights, but,
because absentee ballot requests are a public record, they also pose a
threat to the safety and security of people who are ill or disabled,
as well as to the property of those who will be out of the county.

The constitution's requirements, as well as those adopted by the
legislature have opened the door widespread and costly litigation in
close and hotly contested races, which place an unnecessary burden on
both candidates and the boards of elections. One of the most recent
examples of this occurred in the recently settled election in the 20th
Congressional District to replace Kirsten Gillibrand, who was
appointed to fill a Senate vacancy by the governor. In that contest,
Republican candidate Jim Tedesco challenged the absentee ballot cast
by Senator Gillibrand because she might have been in the district on
election day, despite the fact that a voter only needs to have a
reasonable expectation that he or she will be absent from the county
on election day in order to vote my absentee ballot.

Removal of the constitutional restrictions on voting by absentee
ballot will eliminate such unnecessary wastes of time and money,
prevent the disenfranchisement of qualified voters and encourage
voting by those who might not otherwise go to the polls if it is
inconvenient. It will permit the Legislature to allow qualified
persons to request a paper ballot without requiring an explanation of
the reason for the request, which could be private and personal. It
will also empower the Legislature to consider and determine whether
new technologies may be used for voting at places other than at the
polling place, and whether voting by such means may take place on or
before the date set for an election.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

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