senate Bill S1317

2011-2012 Legislative Session

Repeals certain provisions of the election law and adds new section permitting a voter to vote by special ballot at the board of elections upon written statement and

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to elections
Jan 06, 2011 referred to elections

Co-Sponsors

S1317 - Bill Details

See Assembly Version of this Bill:
A6399
Current Committee:
Law Section:
Election Law
Laws Affected:
Rpld §§11-300, 11-302 & 11-306, add §11-300, El L
Versions Introduced in 2009-2010 Legislative Session:
S1431, A6175

S1317 - Bill Texts

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Repeals certain provisions of the election law and adds a new section to such law permitting a voter to vote by special ballot at the board of elections upon submission of a written statement and verification of specific qualifications of such voter.

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BILL NUMBER:S1317

TITLE OF BILL:
An act
to amend the election law, in relation to early voting; and to repeal
sections 11-300, 11-302, and 11-306 of such law relating thereto

PURPOSE:
Establishes a program of early voting prior to a primary, general, or
special election through the use of special ballots.

SUMMARY OF PROVISIONS:
Repeals election law Sections 11-300, Special Ballots on Account of
Religious Scruples; Section 11-302, Special Ballots for Board of
Elections Employees; and Section 11-306, Special Ballots for Victims of
Domestic Violence.

Adds a new section of law, 11-300 regarding special ballots for early
voting.

EXISTING LAW:
Current law allows victims of domestic violence, board of election
employees, including poll clerks, and those you have religious objection
to cast what are referred to as "special ballots." There is no provision
of law however that allows regular voters who do not fit into any of
these categories to cast an early ballot.

JUSTIFICATION:
Early voting is a progressive concept that has been spreading throughout
the country over the last several years in an effort to increase citizen
involvement and turnout in elections. This concept differs from absentee
voting in that voters may visit an election official's office, or in
some states other satellite voting locations and cast a vote in person
without offering an excuse for not being able to vote on election day.
These locations vary and in some states include grocery stores, shopping
malls, schools, and libraries.

LEGISLATIVE HISTORY:
2009/10: S.1431/A.6175
2007/08: S.4907

FISCAL IMPLICATIONS:
De minimus costs will be associated with this legislation since county
boards of election are already equipped with the proper tools necessary
to cast and canvass these types of ballots.

LOCAL FISCAL IMPLICATIONS:
De Minimus

EFFECTIVE DATE:
This act shall take effect on the first of December next succeeding the
date on which it shall have become a law.

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

                                  1317

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced by Sens. DILAN, DIAZ, PARKER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Elections

AN  ACT  to  amend the election law, in relation to early voting; and to
  repeal sections 11-300, 11-302, and 11-306 of such law relating there-
  to

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

  Section  1. Sections 11-300, 11-302 and 11-306 of the election law are
REPEALED and a new section 11-300 is added to read as follows:
  S 11-300. SPECIAL BALLOTS FOR EARLY VOTING. A VOTER MAY DELIVER TO THE
BOARD OF ELECTIONS A WRITTEN STATEMENT THAT HE OR SHE DESIRES TO VOTE AT
THE BOARD OF ELECTIONS PRIOR TO OR ON THE DATE OF  THE  ELECTION.    THE
BOARD  OF  ELECTIONS,  AFTER DETERMINING THE QUALIFICATIONS OF THE VOTER
AND THAT THE VOTER HAD NOT  PREVIOUSLY  VOTED  IN  THE  ELECTION,  SHALL
PROVIDE  THE  VOTER  WITH THE APPROPRIATE BALLOT AND PERMIT THE VOTER TO
CAST A SPECIAL BALLOT AT THE BOARD OF ELECTIONS, NOT  EARLIER  THAN  TWO
WEEKS  BEFORE  THE  ELECTION  AND  NOT  LATER THAN THE CLOSE OF POLLS ON
ELECTION DAY. EACH SUCH BALLOT SHALL BE PLACED IN AN ENVELOPE,  PROVIDED
BY  THE  BOARD  OF ELECTIONS, THEN SEALED; THE VOTER SHALL DATE AND SIGN
HIS OR HER NAME ON THE OUTSIDE OF  THE  ENVELOPE.  SUCH  BALLOT  MAY  BE
DELIVERED  TO  THE INSPECTORS OF ELECTION IN A MANNER PRESCRIBED BY THIS
CHAPTER FOR ABSENTEE BALLOTS OR RETAINED BY 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.
  S 2. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02681-01-1

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