senate Bill S1553B

2011-2012 Legislative Session

Amends provisions relating to the information which must be included on applications for absentee ballots for school district 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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 13, 2012 print number 1553b
amend and recommit to rules
Mar 12, 2012 committee discharged and committed to rules
Mar 08, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to education
Jun 06, 2011 print number 1553a
amend and recommit to education
Jan 10, 2011 referred to education

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S1553 - Bill Details

See Assembly Version of this Bill:
A2521B
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §2018-a, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S3253A, A4315A

S1553 - Bill Texts

view summary

Relates to the information which must be included on applications for absentee ballots for school district elections.

view sponsor memo
BILL NUMBER:S1553

TITLE OF BILL: An act to amend the tax law, in relation to granting a
sales and compensating use tax exemption for goods sold at school book
fairs

PURPOSE: This bill provides that books, magazines, pamphlets and other
items sold at school sponsored book fairs shall be exempt from the
collection of sales taxes.

SUMMARY OF PROVISIONS:

Section 1: Adds a new Tax Law section 1115(a) (44 ) to exempt from the
collection of sales taxes items such as books, magazines, and other
items sold at a school or library sponsored hook fair such as, science
project kits and posters. The book fair would need to he conducted at a
primary or secondary school or library and be sponsored by a parent-
teacher association or organization or at a location sponsored by a
library friends group or foundation,

EXISTING LAW: None.

JUSTIFICATION: School book fairs are generally conducted by school-
based volunteer organizations that are not sophisticated in organization
and in ascertaining the proper sales tax on low cost items such as books
and other book sale items. Compounding the confusion of such sales tran-
sactions is the high number of customers who are excited children under
the age of 12 who are concentrated in a school hallway or class room
(where the sales are generally conducted). To simplify book transactions
at such book or library fairs, eliminating the sales tax would reduce
the time needed to arrive at the final sales price for the books
purchased. In addition, many times, children at such fairs, are allo-
cated a set monetary sum to purchase their books. However, in arriving
at the cashier, the child has not computed the additional sales tax
cost, hence, the child is over budget and needs to select and return one
of the items before conducting the final sale. This adds additional
confusion to an already confusing situation.

This bill would simplify the conduct of school book and library fairs.
Further, it would encourage children to purchase more books, heighten
their exposure to books and learning, and minimize administrative
burdens placed on those volunteers that conduct book fairs.

LEGISLATIVE HISTORY: 2011-12 5.1260; 2009-10 S.2465; 2007-08, S.1722-A;
2005-06, S.1633.

FISCAL IMPLICATIONS: Minimal.

LOCAL FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: The first of July next succeeding the date on which
this bill shall have become law.

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

                                  1553

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced by Sens. ADDABBO, DIAZ, DILAN, HASSELL-THOMPSON, OPPENHEIMER,
  PERKINS,  STAVISKY -- read twice and ordered printed, and when printed
  to be committed to the Committee on Education

AN ACT to amend the education  law,  in  relation  to  applications  for
  absentee ballots for school district elections

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

  Section 1. Paragraphs b, c, d, e, f and g of subdivision 2 of  section
2018-a  of  the  education law, paragraph b as amended by chapter 136 of
the laws of 1991, paragraph c as amended by chapter 26 of  the  laws  of
1994,  paragraph  d  as amended by chapter 72 of the laws of 1988, para-
graphs e and f as added by chapter 219 of the laws of 1978 and paragraph
g as amended by chapter 825 of the laws of 1984, are amended to read  as
follows:
  b.  [(1)  Where  such  duties, occupation, business, or studies are of
such a nature as ordinarily to require such absence, a brief description
of such duties, occupation, business, or studies shall be set  forth  in
such  application.  (2)  Where  such  duties,  occupation,  business, or
studies are not of such a nature as ordinarily to require such  absence,
such  application shall contain a statement of the special circumstances
on account of which such absence is required.
  c. Where the applicant expects in good faith to be absent on  the  day
of  the  election  because he will be on vacation elsewhere on such day,
such application shall also contain the dates upon which he  expects  to
begin  and end such vacation, the place or places where he expects to be
on such vacation, the name and address of his employer, if any,  and  if
self-employed or retired, a statement to that effect.
  d.]  Where the absence is because [of detention or confinement to] THE
VOTER IS DETAINED OR CONFINED IN jail[,  such  application  shall  state
whether  the  voter is detained] awaiting action of the grand jury or is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00367-01-1

S. 1553                             2

confined IN JAIL OR PRISON after conviction for an offense other than  a
felony.
  [e.    Where  a  person  is or would be, if he were a qualified voter,
entitled to apply for the right to vote by  absentee  ballot  under  the
provisions  of this section, his spouse, parent or child, if a qualified
voter and a resident of the same school district, shall be  entitled  to
vote as an absentee voter upon personally making and signing an applica-
tion in accordance with the preceding provisions of this subdivision and
showing that he expects to be absent from the school district on the day
of  the school district election by reason of accompanying or being with
the spouse, child or parent who is or would be, if he were  a  qualified
voter,  so  entitled  to apply for the right to vote by absentee ballot,
and, in the event no application  is  made  by  such  spouse,  child  or
parent,  such  further  information  as  the board of registration shall
require.
  f] C.  Such application shall include the following  statement  to  be
signed by the voter.
  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 of application  for  absentee
ballots, I shall be guilty of a misdemeanor.

  Date.....................Signature of Voter ..........................

  [g] D.  An applicant whose ability to appear personally at the polling
place  of the school district of which he OR SHE is a qualified voter is
substantially impaired by reason of permanent illness or physical  disa-
bility  and whose registration record has been marked "permanently disa-
bled" by the board of  elections  pursuant  to  the  provisions  of  the
election law shall be entitled to receive an absentee ballot pursuant to
the  provisions  of this section without making separate application for
such absentee ballot, and the board of registration upon  being  advised
by  the board of elections on or with the list of registered voters that
the registration record of a  voter  is  marked  "permanently  disabled"
shall  send  an  absentee ballot to such voter at his last known address
with a request to the postal authorities not  to  forward  same  but  to
return same in five days in the event that it cannot be delivered to the
addressee.  The  board  of education shall determine whether such ballot
shall be sent by first class or by  certified  mail.  All  such  ballots
shall  be mailed in the same manner as determined by the board of educa-
tion. The board of registration shall make an appropriate entry  on  the
registration  indicating  the fact that an absentee ballot has been sent
and the date of mailing.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

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S1553A - Bill Details

See Assembly Version of this Bill:
A2521B
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §2018-a, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S3253A, A4315A

S1553A - Bill Texts

view summary

Relates to the information which must be included on applications for absentee ballots for school district elections.

view sponsor memo
BILL NUMBER:S1553A

TITLE OF BILL:
An act
to amend the education law, in relation to applications for absentee
ballots for school district elections

PURPOSE OF BILL:
To change the application for an absentee ballot in Education Law so
as to be identical to the absentee ballot application in Education Law.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Changes paragraphs b-g of subdivision 2 of section 2018-a
of the Education Law to incorporate the following:

-Absenteeism from the county (or city) of his or her residence; or
-Being unable to appear personally at the polling place of the
election district in which he or she is a qualified voter due to
illness or disability or duties related to the care of one or more
individuals who are ill or physically disabled;
-Current inmate or patient of a veteran's administration hospital;
-Detainment in jail awaiting action by a grand jury or awaiting trial,
or confined in jailor prison after a conviction for an offense other
than a felony, provided he or she is qualified to vote in the
election district of his or her residence.

Applicant in applying for an absentee ballot will have to provide his
or her full name, residence address, and a state that the applicant
is a registered voter. Applicant would also be required to provide a
statement, as appropriate, that on the day of such election he or she
expects in good faith to be absent for any of the reasons stated
above. Applicant, by providing beginning and end dates of absence,
will also be able to apply for an absentee ballot covering more than
one election, even if such elections should occur in different
calendar years.

Section 2: Effective date of bill.

JUSTIFICATION:
The Election Law was amended in 2010 simplifying the absentee ballot
application for registered voters. The new simplified absentee ballot
application needs to be enacted in Education Law in order for the
absentee ballot applications for school district elections to remain
the same.

LEGISLATIVE HISTORY:
2009-2010: S.3253 - Referred to Education.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Shall take effect on the ninetieth day after it becomes law.


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

                                 1553--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sens.  ADDABBO,  DIAZ, DILAN, HASSELL-THOMPSON, KRUEGER,
  OPPENHEIMER, PERKINS, STAVISKY,  STEWART-COUSINS  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Education -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  education  law, in relation to applications for
  absentee ballots for school district elections

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

  Section  1. Paragraphs b, c, d, e, f and g of subdivision 2 of section
2018-a of the education law, paragraph b as amended by  chapter  136  of
the  laws  of  1991, paragraph c as amended by chapter 26 of the laws of
1994, paragraph d as amended by chapter 72 of the laws  of  1988,  para-
graphs e and f as added by chapter 219 of the laws of 1978 and paragraph
g  as  amended by chapter 825 of the laws of 1984, are amended and a new
paragraph h, is added to read as follows:
  b. [(1) Where such duties, occupation, business,  or  studies  are  of
such a nature as ordinarily to require such absence, a brief description
of  such  duties, occupation, business, or studies shall be set forth in
such application.  (2)  Where  such  duties,  occupation,  business,  or
studies  are not of such a nature as ordinarily to require such absence,
such application shall contain a statement of the special  circumstances
on account of which such absence is required.
  c.  Where  the applicant expects in good faith to be absent on the day
of the election because he will be on vacation elsewhere  on  such  day,
such  application  shall also contain the dates upon which he expects to
begin and end such vacation, the place or places where he expects to  be
on  such  vacation, the name and address of his employer, if any, and if
self-employed or retired, a statement to that effect.
  d. Where the absence is because of detention or confinement  to  jail,
such  application  shall  state  whether  the voter is detained awaiting

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00367-05-1

S. 1553--A                          2

action of the grand jury or is confined after conviction for an  offense
other than a felony.
  e.  Where a person is or would be, if he were a qualified voter, enti-
tled  to  apply  for  the  right  to  vote  by absentee ballot under the
provisions of this section, his spouse, parent or child, if a  qualified
voter  and  a resident of the same school district, shall be entitled to
vote as an absentee voter upon personally making and signing an applica-
tion in accordance with the preceding provisions of this subdivision and
showing that he expects to be absent from the school district on the day
of the school district election by reason of accompanying or being  with
the  spouse,  child or parent who is or would be, if he were a qualified
voter, so entitled to apply for the right to vote  by  absentee  ballot,
and,  in  the  event  no  application  is  made by such spouse, child or
parent, such further information as  the  board  of  registration  shall
require.
  f]  A QUALIFIED VOTER MAY VOTE AS AN ABSENTEE VOTER UNDER THIS SECTION
IF DURING ALL THE HOURS OF VOTING ON THE DAY OF AN ELECTION  HE  OR  SHE
WILL BE:
  (1) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; OR
  (2)  UNABLE TO APPEAR AT THE POLLING PLACE BECAUSE OF ILLNESS OR PHYS-
ICAL DISABILITY, OR DUTIES RELATED TO THE PRIMARY CARE OF  ONE  OR  MORE
INDIVIDUALS  WHO  ARE  ILL  OR PHYSICALLY DISABLED, OR BECAUSE HE OR SHE
WILL BE OR IS A PATIENT IN A HOSPITAL; OR
  (3) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (4) 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 JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER  THAN
A  FELONY,  PROVIDED THAT HE OR SHE IS QUALIFIED TO VOTE IN THE ELECTION
DISTRICT OF HIS OR HER RESIDENCE.
  C. EACH PERSON ENTITLED TO VOTE AS AN ABSENTEE VOTER PURSUANT TO  THIS
SECTION  AND DESIROUS OF OBTAINING AN ABSENTEE BALLOT SHALL MAKE WRITTEN
APPLICATION THEREFOR TO THE DISTRICT CLERK. APPLICATION  FORMS  FOR  USE
PURSUANT  TO  THIS  SECTION  SHALL  BE IN A FORM PRESCRIBED BY THE STATE
BOARD OF ELECTIONS. THE USE OF  ANY  APPLICATION  WHICH  IS  ON  A  FORM
PRESCRIBED BY THE STATE BOARD OF ELECTIONS SHALL BE ACCEPTABLE.
  D.  THE  APPLICATION FOR AN ABSENTEE BALLOT WHEN FILED MUST CONTAIN IN
EACH INSTANCE THE FOLLOWING INFORMATION:
  (1) APPLICANT'S FULL NAME,  DATE  OF  BIRTH,  AND  RESIDENCE  ADDRESS,
INCLUDING  THE  STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE, IF ANY,
MAILING ADDRESS IF DIFFERENT FROM THE RESIDENCE ADDRESS AND  AN  ADDRESS
TO WHICH THE BALLOT SHALL BE MAILED.
  (2)  A  STATEMENT  THAT  THE  APPLICANT  IS A QUALIFIED AND REGISTERED
VOTER.
  (3) A STATEMENT, AS APPROPRIATE, THAT ON THE DAY OF SUCH ELECTION  THE
APPLICANT  EXPECTS  IN  GOOD FAITH TO BE IN ONE OF THE FOLLOWING CATEGO-
RIES:
  (A) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; PROVIDED, HOWEVER,
IF THE APPLICANT EXPECTS TO BE ABSENT FROM SUCH COUNTY  FOR  A  DURATION
COVERING  MORE  THAN  ONE ELECTION AND SEEKS AN ABSENTEE BALLOT FOR EACH
ELECTION, HE OR SHE SHALL STATE THE DATES WHEN  HE  OR  SHE  EXPECTS  TO
BEGIN AND END SUCH ABSENCE; OR
  (B) UNABLE TO APPEAR AT A POLLING PLACE BECAUSE OF ILLNESS OR PHYSICAL
DISABILITY OR DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE INDIVID-
UALS WHO ARE ILL OR PHYSICALLY DISABLED; OR
  (C) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR

S. 1553--A                          3

  (D) DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL
OR  CONFINED  IN  JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER
THAN A FELONY AND STATING THE PLACE WHERE HE OR SHE IS  SO  DETAINED  OR
CONFINED.
  (4) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN-
TEE  BALLOT FOR EITHER A PRIMARY ELECTION OR THE GENERAL ELECTION IN ANY
YEAR AND FOR THOSE PERSONS WHO WILL BE CONTINUOUSLY  ABSENT  FROM  THEIR
COUNTY  OF RESIDENCE DURING THE PERIOD BETWEEN THE FALL PRIMARY ELECTION
AND THE GENERAL ELECTION IN ANY YEAR TO APPLY FOR BALLOTS FOR BOTH  SUCH
ELECTIONS IN SUCH YEAR. A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT SHALL
BE  SENT  AN  ABSENTEE BALLOT FOR ANY SPECIAL ELECTION OR WINTER PRIMARY
THAT OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLICATION.
  E.   Such application shall include  the  following  statement  to  be
signed by the voter.
  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 of application  for  absentee
ballots, I shall be guilty of a misdemeanor.

  Date.....................Signature of Voter ..........................

  [g] F.  An applicant whose ability to appear personally at the polling
place  of the school district of which he OR SHE is a qualified voter is
substantially impaired by reason of permanent illness or physical  disa-
bility  and whose registration record has been marked "permanently disa-
bled" by the board of  elections  pursuant  to  the  provisions  of  the
election law shall be entitled to receive an absentee ballot pursuant to
the  provisions  of this section without making separate application for
such absentee ballot, and the board of registration upon  being  advised
by  the board of elections on or with the list of registered voters that
the registration record of a  voter  is  marked  "permanently  disabled"
shall  send  an  absentee ballot to such voter at his last known address
with a request to the postal authorities not  to  forward  same  but  to
return same in five days in the event that it cannot be delivered to the
addressee.  The  board  of education shall determine whether such ballot
shall be sent by first class or by  certified  mail.  All  such  ballots
shall  be mailed in the same manner as determined by the board of educa-
tion. The board of registration shall make an appropriate entry  on  the
registration  indicating  the fact that an absentee ballot has been sent
and the date of mailing.
  G. AN APPLICATION MUST BE RECEIVED BY THE DISTRICT  CLERK  NO  EARLIER
THAN  THE THIRTIETH DAY BEFORE THE ELECTION FOR WHICH AN ABSENTEE BALLOT
IS SOUGHT. IF THE APPLICATION  REQUESTS  THAT  THE  ABSENTEE  BALLOT  BE
MAILED,  SUCH  APPLICATION  MUST  BE  RECEIVED NOT LATER THAN SEVEN DAYS
BEFORE THE ELECTION. IF THE APPLICANT OR HIS OR HER AGENT  DELIVERS  THE
APPLICATION  TO  THE  DISTRICT CLERK IN PERSON, SUCH APPLICATION MUST BE
RECEIVED NOT LATER THAN THE DAY BEFORE THE ELECTION. THE DISTRICT  CLERK
SHALL  EXAMINE EACH APPLICATION AND SHALL DETERMINE FROM THE INFORMATION
CONTAINED THEREIN WHETHER THE APPLICANT IS QUALIFIED UNDER THIS  SECTION
TO RECEIVE AN ABSENTEE BALLOT.
  H. NO LATER THAN SIX DAYS BEFORE THE ELECTION FOR WHICH AN APPLICATION
HAS  BEEN  RECEIVED  AND FOR WHICH THE DISTRICT CLERK HAS DETERMINED THE
APPLICANT TO BE QUALIFIED TO VOTE BY ABSENTEE BALLOT THE DISTRICT  CLERK
SHALL MAIL, BY REGULAR MAIL, AN ABSENTEE BALLOT TO EACH QUALIFIED APPLI-
CANT  WHO  HAS  APPLIED  BEFORE SUCH DAY AND WHO HAS REQUESTED THAT SUCH
ABSENTEE BALLOT BE MAILED TO HIM OR HER AT THE ADDRESS SET FORTH IN  HIS

S. 1553--A                          4

OR  HER  APPLICATION.  IF THE APPLICANT OR HIS OR HER AGENT DELIVERS THE
APPLICATION TO THE DISTRICT CLERK IN PERSON AFTER THE SEVENTH DAY BEFORE
THE ELECTION AND NOT  LATER  THAN  THE  DAY  BEFORE  THE  ELECTION,  THE
DISTRICT  CLERK  SHALL FORTHWITH DELIVER SUCH ABSENTEE BALLOTS FOR THOSE
APPLICANTS WHOM HE OR SHE DETERMINES ARE QUALIFIED TO MAKE SUCH APPLICA-
TIONS AND TO RECEIVE SUCH BALLOTS TO SUCH APPLICANTS OR THE AGENTS NAMED
IN THE APPLICATIONS  WHEN  SUCH  APPLICANTS  OR  AGENTS  APPEAR  IN  THE
DISTRICT CLERK'S OFFICE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

Co-Sponsors

view additional co-sponsors

S1553B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2521B
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §2018-a, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S3253A, A4315A

S1553B (ACTIVE) - Bill Texts

view summary

Relates to the information which must be included on applications for absentee ballots for school district elections.

view sponsor memo
BILL NUMBER:S1553B

TITLE OF BILL:
An act
to amend the education law, in relation to applications for absentee
ballots for school district elections

PURPOSE OF BILL:
To change the application for an absentee ballot in
the Education Law so as to be identical to the absentee ballot
application in Election Law.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Changes paragraphs b-g of subdivision 2 of section 2018-a
of the Education Law. Paragraph B as amended by chapter 136 of the
laws of 1991,
paragraph c as amended by chapter 26 of the laws of 1994, paragraph d
as amended by chapter 72 of the laws of 1988, paragraph 3 and f as
added by chapter 219 of the laws of 1978 and paragraph g as amended
by chapter 825 of the laws of 1984 are amended and a new paragraph is
added.

- Absent from the county (or city) of his or her residence; or
- Unable to appear personally at the polling place of the election
district in which he or she is a qualified voter because of illness
or disability or duties related to the care of one or more
individuals who are ill or physically disabled;
- An inmate or patient of a veteran's administration hospital;
- Detained in jail awaiting action by a grand jury or awaiting trial,
or confined in jailor prison after a conviction for an offense other
than a felony, provided he or she is qualified to vote in the
election district of his or her residence.

The applicant would have to provide, in the application for an
absentee ballot, his or her full name, residence address, and a state
that the applicant is a registered voter. The applicant would also be
required to provide a statement, as appropriate, that on the day of
such election he or she expects in good faith to be absent for any of
the reasons stated above paragraph.

Section 2: States the effective date of bill.

JUSTIFICATION:
The Election Law was amended in 2010 simplifying the
absentee ballot application for registered voters. The new simplified
absentee ballot application needs to be enacted in the Education Law
in order for the absentee ballot applications for school district
elections to be the same.

LEGISLATIVE HISTORY:
2009-2010: S.3253 - Referred to Education

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


Shall take effect on the ninetieth day after it becomes law.

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

                                 1553--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sens.  ADDABBO,  DIAZ, DILAN, HASSELL-THOMPSON, KRUEGER,
  OPPENHEIMER, PERKINS, STAVISKY,  STEWART-COUSINS  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Education -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Education in accordance with Senate Rule  6,  sec.  8  --
  committee discharged and said bill committed to the Committee on Rules
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the education  law,  in  relation  to  applications  for
  absentee ballots for school district elections

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

  Section 1. Paragraphs b, c, d, e, f and g of subdivision 2 of  section
2018-a  of  the  education law, paragraph b as amended by chapter 136 of
the laws of 1991, paragraph c as amended by chapter 26 of  the  laws  of
1994,  paragraph  d  as amended by chapter 72 of the laws of 1988, para-
graphs e and f as added by chapter 219 of the laws of 1978 and paragraph
g as amended by chapter 825 of the laws of 1984, are amended and  a  new
paragraph h, is added to read as follows:
  b.  [(1)  Where  such  duties, occupation, business, or studies are of
such a nature as ordinarily to require such absence, a brief description
of such duties, occupation, business, or studies shall be set  forth  in
such  application.  (2)  Where  such  duties,  occupation,  business, or
studies are not of such a nature as ordinarily to require such  absence,
such  application shall contain a statement of the special circumstances
on account of which such absence is required.
  c. Where the applicant expects in good faith to be absent on  the  day
of  the  election  because he will be on vacation elsewhere on such day,
such application shall also contain the dates upon which he  expects  to
begin  and end such vacation, the place or places where he expects to be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00367-07-2

S. 1553--B                          2

on such vacation, the name and address of his employer, if any,  and  if
self-employed or retired, a statement to that effect.
  d.  Where  the absence is because of detention or confinement to jail,
such application shall state whether  the  voter  is  detained  awaiting
action  of the grand jury or is confined after conviction for an offense
other than a felony.
  e.  Where a person is or would be, if he were a qualified voter, enti-
tled to apply for the  right  to  vote  by  absentee  ballot  under  the
provisions  of this section, his spouse, parent or child, if a qualified
voter and a resident of the same school district, shall be  entitled  to
vote as an absentee voter upon personally making and signing an applica-
tion in accordance with the preceding provisions of this subdivision and
showing that he expects to be absent from the school district on the day
of  the school district election by reason of accompanying or being with
the spouse, child or parent who is or would be, if he were  a  qualified
voter,  so  entitled  to apply for the right to vote by absentee ballot,
and, in the event no application  is  made  by  such  spouse,  child  or
parent,  such  further  information  as  the board of registration shall
require.
  f] A QUALIFIED VOTER MAY VOTE AS AN ABSENTEE VOTER UNDER THIS  SECTION
IF  DURING  ALL  THE HOURS OF VOTING ON THE DAY OF AN ELECTION HE OR SHE
WILL BE:
  (1) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; OR
  (2) UNABLE TO APPEAR AT THE POLLING PLACE BECAUSE OF ILLNESS OR  PHYS-
ICAL  DISABILITY,  OR  DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE
INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED, OR  BECAUSE  HE  OR  SHE
WILL BE OR IS A PATIENT IN A HOSPITAL; OR
  (3) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (4)  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 JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER THAN
A FELONY, PROVIDED THAT HE OR SHE IS QUALIFIED TO VOTE IN  THE  ELECTION
DISTRICT OF HIS OR HER RESIDENCE.
  C.  EACH PERSON ENTITLED TO VOTE AS AN ABSENTEE VOTER PURSUANT TO THIS
SECTION AND DESIROUS OF OBTAINING AN ABSENTEE BALLOT SHALL MAKE  WRITTEN
APPLICATION  THEREFOR  TO  THE DISTRICT CLERK. APPLICATION FORMS FOR USE
PURSUANT TO THIS SECTION SHALL BE IN A  FORM  PRESCRIBED  BY  THE  STATE
BOARD  OF  ELECTIONS.  THE  USE  OF  ANY  APPLICATION WHICH IS ON A FORM
PRESCRIBED BY THE STATE BOARD OF ELECTIONS SHALL BE ACCEPTABLE.
  D. THE APPLICATION FOR AN ABSENTEE BALLOT WHEN FILED MUST  CONTAIN  IN
EACH INSTANCE THE FOLLOWING INFORMATION:
  (1)  APPLICANT'S  FULL  NAME,  DATE  OF  BIRTH, AND RESIDENCE ADDRESS,
INCLUDING THE STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE,  IF  ANY,
MAILING  ADDRESS  IF DIFFERENT FROM THE RESIDENCE ADDRESS AND AN ADDRESS
TO WHICH THE BALLOT SHALL BE MAILED.
  (2) A STATEMENT THAT THE  APPLICANT  IS  A  QUALIFIED  AND  REGISTERED
VOTER.
  (3)  A STATEMENT, AS APPROPRIATE, THAT ON THE DAY OF SUCH ELECTION THE
APPLICANT EXPECTS IN GOOD FAITH TO BE IN ONE OF  THE  FOLLOWING  CATEGO-
RIES:
  (A) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; PROVIDED, HOWEVER,
IF  THE  APPLICANT  EXPECTS TO BE ABSENT FROM SUCH COUNTY FOR A DURATION
COVERING MORE THAN ONE ELECTION AND SEEKS AN ABSENTEE  BALLOT  FOR  EACH
ELECTION,  HE  OR  SHE  SHALL  STATE THE DATES WHEN HE OR SHE EXPECTS TO
BEGIN AND END SUCH ABSENCE; OR

S. 1553--B                          3

  (B) UNABLE TO APPEAR AT A POLLING PLACE BECAUSE OF ILLNESS OR PHYSICAL
DISABILITY OR DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE INDIVID-
UALS WHO ARE ILL OR PHYSICALLY DISABLED; OR
  (C) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (D) DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL
OR  CONFINED  IN  JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER
THAN A FELONY AND STATING THE PLACE WHERE HE OR SHE IS  SO  DETAINED  OR
CONFINED.
  E.    Such  application  shall  include  the following statement to be
signed by the voter.
  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 of application for absentee
ballots, I shall be guilty of a misdemeanor.

  Date.....................Signature of Voter ..........................

  [g] F.  An applicant whose ability to appear personally at the polling
place of the school district of which he OR SHE is a qualified voter  is
substantially  impaired by reason of permanent illness or physical disa-
bility and whose registration record has been marked "permanently  disa-
bled"  by  the  board  of  elections  pursuant  to the provisions of the
election law shall be entitled to receive an absentee ballot pursuant to
the provisions of this section without making separate  application  for
such  absentee  ballot, and the board of registration upon being advised
by the board of elections on or with the list of registered voters  that
the  registration  record  of  a  voter is marked "permanently disabled"
shall send an absentee ballot to such voter at his  last  known  address
with  a  request  to  the  postal authorities not to forward same but to
return same in five days in the event that it cannot be delivered to the
addressee. The board of education shall determine  whether  such  ballot
shall  be  sent  by  first  class or by certified mail. All such ballots
shall be mailed in the same manner as determined by the board of  educa-
tion.  The  board of registration shall make an appropriate entry on the
registration indicating the fact that an absentee ballot has  been  sent
and the date of mailing.
  G.  AN  APPLICATION  MUST BE RECEIVED BY THE DISTRICT CLERK NO EARLIER
THAN THE THIRTIETH DAY BEFORE THE ELECTION FOR WHICH AN ABSENTEE  BALLOT
IS  SOUGHT.  IF  THE  APPLICATION  REQUESTS  THAT THE ABSENTEE BALLOT BE
MAILED, SUCH APPLICATION MUST BE RECEIVED  NOT  LATER  THAN  SEVEN  DAYS
BEFORE  THE  ELECTION. IF THE APPLICANT OR HIS OR HER AGENT DELIVERS THE
APPLICATION TO THE DISTRICT CLERK IN PERSON, SUCH  APPLICATION  MUST  BE
RECEIVED  NOT LATER THAN THE DAY BEFORE THE ELECTION. THE DISTRICT CLERK
SHALL EXAMINE EACH APPLICATION AND SHALL DETERMINE FROM THE  INFORMATION
CONTAINED  THEREIN WHETHER THE APPLICANT IS QUALIFIED UNDER THIS SECTION
TO RECEIVE AN ABSENTEE BALLOT.
  H. NO LATER THAN SIX DAYS BEFORE THE ELECTION FOR WHICH AN APPLICATION
HAS BEEN RECEIVED AND FOR WHICH THE DISTRICT CLERK  HAS  DETERMINED  THE
APPLICANT  TO BE QUALIFIED TO VOTE BY ABSENTEE BALLOT THE DISTRICT CLERK
SHALL MAIL, BY REGULAR MAIL, AN ABSENTEE BALLOT TO EACH QUALIFIED APPLI-
CANT WHO HAS APPLIED BEFORE SUCH DAY AND WHO  HAS  REQUESTED  THAT  SUCH
ABSENTEE  BALLOT BE MAILED TO HIM OR HER AT THE ADDRESS SET FORTH IN HIS
OR HER APPLICATION. IF THE APPLICANT OR HIS OR HER  AGENT  DELIVERS  THE
APPLICATION TO THE DISTRICT CLERK IN PERSON AFTER THE SEVENTH DAY BEFORE
THE  ELECTION  AND  NOT  LATER  THAN  THE  DAY  BEFORE THE ELECTION, THE
DISTRICT CLERK SHALL FORTHWITH DELIVER SUCH ABSENTEE BALLOTS  FOR  THOSE

S. 1553--B                          4

APPLICANTS WHOM HE OR SHE DETERMINES ARE QUALIFIED TO MAKE SUCH APPLICA-
TIONS AND TO RECEIVE SUCH BALLOTS TO SUCH APPLICANTS OR THE AGENTS NAMED
IN  THE  APPLICATIONS  WHEN  SUCH  APPLICANTS  OR  AGENTS  APPEAR IN THE
DISTRICT CLERK'S OFFICE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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