senate Bill S1333

2011-2012 Legislative Session

Provides early voting for a candidate in a general election no sooner than twenty days and no later than five days prior to election day at county board of elections

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

Co-Sponsors

S1333 - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Add Art 8 Title 6 §§8-600 - 8-604, El L
Versions Introduced in 2009-2010 Legislative Session:
S1425

S1333 - Bill Texts

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Provides to any person early voting for a candidate for public office in a general election to take place no sooner than twenty days and no later than five days prior to election day, and for a special election to take place no sooner than eight days and no later than two days prior to election day; and such voting shall take place at such person's county board of elections.

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BILL NUMBER:S1333

TITLE OF BILL:
An act
to amend the election law, in relation to providing for early voting

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

SUMMARY OF PROVISIONS:
Amends the New York State Election Law by adding a new section 8-600 to
provide for early voting twenty days prior to a primary or general
election and eight days prior to a special election.

EXISTING LAW:
Current law provides for voting to occur on the first Tuesday following
the first Monday in the month of November- Additionally, the State
constitution provides for absentee voting prior to election day in
limited circumstances, as provided for by statute.

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. Early voting is generally conducted on
the same voting equipment used in the regular election, as opposed to
absentee voting, which is conducted on mail-in paper ballots.

The time period for early voting also varies by state, but in most cases
is available during a period of 10-14 days before the election and
generally ends the Friday or Saturday immediately preceding the
election.

At this point in time, about half the states, twenty-seven to be exact,
offer some form of "no excuse required" early voting. A specific
breakdown of some of the larger states follows with a short description
of what their statute provides for:

California - Permits no excuse early voting starting 29 days prior to
election See Cal Elect. Code 3018

Florida - Permits no excuse early voting starting 15 days before an
election See Fla Statute Title 9 Ch 101.657

Illinois - Permits no excuse early voting starting 22 days before an
election and ending 5 days before the election. A permanent polling
place for early voting must remain open during the hours of 8:30-4:30
pm. See 10111. Comp Stat. Ann 5/19-1

Louisiana- Permits no excuse early voting starting twelve days from the
election and ending six days prior to. See La Rev. Stat. 18-303(B) Maine


- Permits no excuse required voting. A voter may go in person to vote at
the clerk's office as soon as absentee ballots are available (typically
available 30-45 days prior). See Maine Rev. Stat. Title 21A 9-753(13)8

North Carolina- Referred to as 'one stop voting' with no excuse
required. Begins no earlier than the third Thursday before the election
and continues through the Saturday before election day. Voter must
appear at the county board of elections to exercise this option. See N C
Gen. Stat 163-227.2

Texas - Permits no excuse required starting seventeen days before each
election and ends four days before each election. See Tex. Elec Code
81.001

Vermont - Permits in person early voting with no excuse required. Voting
starts thirty days before the primary or general election. See Vt..
Stat. 17 KS A. 2531

This bill seeks to introduce early voting to New York by providing a
means in which citizens can vote early at their local board of elections
up to twenty days before the actual election. In order to exercise this
privilege any registered voter can show up at their local board of
elections, fill out a form similar to that used to request an absentee
ballot and proceed to vote on a voting machine right there at the board.
The bill would also allow alternate designations to be used as
established by the local board should the popularity for the program in
any given county be significant.

LEGISLATIVE HISTORY:
2007/08: S.1425

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of January 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
________________________________________________________________________

                                  1333

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by Sens. DILAN, DIAZ, HASSELL-THOMPSON, PARKER -- 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  providing  for  early
  voting

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

  Section 1. Article 8 of the election law is amended by  adding  a  new
title 6 to read as follows:
                                TITLE VI
                              EARLY VOTING
SECTION 8-600. EARLY VOTING PROCEDURES.
        8-602. APPLICATION FOR EARLY VOTING.
        8-604. STATE BOARD OF ELECTIONS; POWERS AND DUTIES OF.
  S  8-600.  EARLY  VOTING PROCEDURES. 1. NO SOONER THAN TWENTY BUSINESS
DAYS AND NO LATER THAN FIVE BUSINESS DAYS PRIOR  TO  THE  FIRST  TUESDAY
FOLLOWING  THE FIRST MONDAY IN NOVEMBER OF EACH ELECTION YEAR, AS DESIG-
NATED ELECTION DAY, A PERSON MAY, UPON COMPLETION OF  A  FORMAL  WRITTEN
APPLICATION,  VOTE  FOR  A  CANDIDATE  FOR  PUBLIC  OFFICE  IN A GENERAL
ELECTION, AND SUCH EARLY  VOTING  PRACTICE  SHALL  TAKE  PLACE  AT  SUCH
PERSON'S COUNTY BOARD OF ELECTIONS, OR AN ALTERNATIVE LOCATION AS OTHER-
WISE DESIGNATED BY THE STATE BOARD OF ELECTIONS, OR AS DESIGNATED BY AND
THROUGH A COUNTY BOARD OF ELECTIONS UNDER THE POWERS GRANTED PURSUANT TO
THIS  SECTION  ON  OR  BEFORE  THE  EFFECTIVE  DATE OF THIS SECTION. FOR
PURPOSES OF A PRIMARY ELECTION, SUCH EARLY VOTING SHALL  TAKE  PLACE  NO
SOONER  THAN  TWENTY  BUSINESS DAYS AND NO LATER THAN FIVE BUSINESS DAYS
PRIOR TO SUCH ELECTION DAY.  FOR PURPOSES OF A  SPECIAL  ELECTION,  SUCH
EARLY  VOTING SHALL TAKE PLACE NO SOONER THAN EIGHT BUSINESS DAYS AND NO
LATER THAN TWO BUSINESS DAYS PRIOR TO SUCH ELECTION DAY.
  2. EACH COUNTY BOARD OF ELECTIONS SHALL PUBLISH NOTICE  OF  THE  DATE,
TIME,  AND MANNER OF SUCH EARLY VOTING PRACTICE FOR GENERAL, PRIMARY AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00135-01-1

S. 1333                             2

SPECIAL ELECTIONS BY A NEWSPAPER  OF  GENERAL  CIRCULATION  THIRTY  DAYS
PRIOR  TO COMMENCEMENT OF THE FIRST DAY OF SUCH EARLY VOTING FOR GENERAL
OR SPECIAL ELECTIONS.
  3.  SUCH  VOTING  PROCEDURE SHALL BE MONITORED AND ADMINISTERED BY TWO
DULY DESIGNATED PERSONS, ONE FROM EACH MAJOR POLITICAL PARTY,  AND  SUCH
VOTING  SHALL  FOLLOW  AND CONFORM TO ALL OTHER PROCEDURES, MEASURES AND
REQUIREMENTS OF CASTING A VOTE BY A VOTING MACHINE AS PRESCRIBED  PURSU-
ANT TO THIS CHAPTER. ALL VOTES CAST WITHIN THE EARLY VOTING PERIOD SHALL
BE COUNTED ON ELECTION DAY WITH ALL OTHER VOTES CAST FOR SUCH CANDIDATES
AND IN THE SAME MANNER AS PRESCRIBED IN ARTICLE NINE OF THIS CHAPTER.
  S  8-602.  APPLICATION  FOR  EARLY  VOTING.    1.  THE COUNTY BOARD OF
ELECTIONS SHALL FURNISH ONE APPLICATION FOR EARLY VOTING  TO  ANY  VOTER
WHO   PERSONALLY  APPEARS  AND  WISHES  TO  EXERCISE  THIS  RIGHT.  UPON
COMPLETION OF SUCH APPLICATION, TWO DULY  DESIGNATED  EMPLOYEES  OF  THE
COUNTY  BOARD  OF ELECTIONS, ONE FROM EACH MAJOR POLITICAL PARTY REPRES-
ENTED, SHALL COMPARE THE INFORMATION OF THE VOTER WITH THE SIGNATURE  ON
THE  VOTER'S  PERMANENT  REGISTRATION RECORD, OR OTHER EVIDENCE OF IDEN-
TIFICATION IF COMPUTERIZED DUPLICATE  REGISTRATION RECORDS ARE USED, AND
SHALL ENDORSE ON THE APPLICATION THAT SUCH REVIEW  HAS  BEEN  COMPLETED.
THE  RESULTS  OR  TABULATION OF VOTES CAST DURING AN EARLY VOTING PERIOD
SHALL NOT BE MADE BEFORE THE CLOSE OF ALL POLLING PLACES ON ELECTION DAY
AND RESULTS SHALL BE REPORTED BY PRECINCT.  BALLOTS USED IN EARLY VOTING
SHALL BE, AS NEARLY AS PRACTICABLE, THE  SAME  FORM  AS  THOSE  USED  ON
ELECTION DAY.
  2.  THE  APPLICATION  FOR  EARLY  VOTING SHALL REQUIRE AND INCLUDE THE
FOLLOWING IDENTIFYING INFORMATION:
  (A) THE DATE OF THE ELECTION,
  (B) NAME OF THE COUNTY, OR NAME OF A  CITY  IF  THERE  BE  A  SEPARATE
BALLOT FOR CITY VOTERS,
  (C) THE NAME OF THE VOTER,
  (D) RESIDENCE OF VOTER,
  (E) NUMBER OF THE ASSEMBLY DISTRICT, IF ANY,
  (F) NAME OF TOWN, NUMBER OF WARD, IF ANY, AND
  (G) ELECTION DISTRICT AND PARTY ENROLLMENT. THERE SHALL BE A PLACE FOR
TWO  SIGNATURES  OF  PERSONS  DESIGNATED TO INSPECT, ONE FROM EACH MAJOR
POLITICAL PARTY, THAT SUCH PERSONS HAVE CHECKED AND MARKED  THE  VOTER'S
REGISTRATION  AND  POLL  RECORD. ON THE REVERSE SIDE OF SUCH APPLICATION
SHALL BE PRINTED THE FOLLOWING STATEMENT:
  I DO DECLARE THAT I AM A CITIZEN OF THE UNITED STATES, THAT I AM  DULY
REGISTERED  IN  THE  ELECTION DISTRICT SHOWN ON THE REVERSE SIDE OF THIS
APPLICATION AND I AM QUALIFIED TO VOTE IN SUCH DISTRICT; THAT I  DO  NOT
INTEND  TO  VOTE  ELSEWHERE,  THAT I HAVE NOT COMMITTED ANY ACT NOR AM I
UNDER ANY IMPEDIMENT WHICH DENIES ME THE RIGHT TO VOTE. I HEREBY DECLARE
THAT THE FOREGOING IS A TRUE STATEMENT TO THE BEST OF MY  KNOWLEDGE  AND
BELIEF,  AND I UNDERSTAND THAT IF I MAKE ANY MATERIAL FALSE STATEMENT IN
THE FOREGOING STATEMENT, I SHALL BE GUILTY OF A MISDEMEANOR.
  (DATE)_________________
  _______________________
  (SIGNATURE AND ADDRESS OF VOTER)_______________________
  _______________________________________________________
  (WITNESS)______________________
  _______________________________
  S 8-604. STATE BOARD OF ELECTIONS; POWERS AND DUTIES OF. ANY  RULE  OR
REGULATION  NECESSARY  FOR  THE IMPLEMENTATION OF THE PROVISIONS OF THIS
TITLE SHALL  BE  PROMULGATED  BY  THE  STATE  BOARD  OF  ELECTIONS.  ALL

S. 1333                             3

COMPLETED  APPLICATIONS FOR EARLY VOTING SHALL BE KEPT AND MAINTAINED BY
THE STATE BOARD OF ELECTIONS.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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