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

                                  3553

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of  A. LAVINE, GOTTFRIED, REILLY, PAULIN, BENEDETTO,
  LUPARDO, HOYT, SAYWARD -- Multi-Sponsored  by  --  M.  of  A.  CROUCH,
  MAGEE,  SIMOTAS,  SWEENEY,  THIELE  --  read  once and referred to the
  Committee on Election Law

AN ACT to amend the  election  law,  in  relation  to  removing  certain
  requirements  for  absentee voting and to repeal certain provisions of
  such law relating thereto

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

  Section  1. Subdivisions 1 and 2 of section 8-400 of the election law,
subdivision 1 as amended by chapter 63 of the laws of 2010, the  opening
paragraph  of  subdivision  2  as  amended by chapter 216 of the laws of
1988, paragraph (a) of subdivision 2 as amended by chapter  263  of  the
laws  of  1991, paragraph (c) of subdivision 2 as amended by chapter 321
of the laws of 1988 and paragraph (d) of  subdivision  2  as  separately
amended  by chapters 97 and 104 of the laws of 2010, are amended to read
as follows:
  1. A qualified voter may vote as an absentee voter under this  chapter
if[, on the occurrence of any village election conducted by the board of
elections,  primary  election, special election, general election or New
York city community school board district  or  city  of  Buffalo  school
district election, he or she expects to be:
  (a)  absent from the county of his or her residence, or, if a resident
of the city of New York absent from said city; or
  (b) 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
physical 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
  (c) an inmate or patient of a veteran's administration hospital; or
  (d)  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

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07475-01-1

A. 3553                             2

district  of his or her residence] HE OR SHE REQUESTS AN APPLICATION FOR
AN ABSENTEE BALLOT ON A FORM TO BE OBTAINED AND FILED AS PROVIDED HEREIN
OR BY LETTER AS PROVIDED IN PARAGRAPH (D) OF  SUBDIVISION  TWO  OF  THIS
SECTION.
  2.  A qualified voter desiring to vote at such election as an absentee
voter [for any reason specified in subdivision  one  hereof]  must  make
application for an absentee ballot on a form to be obtained and filed as
provided herein or by letter as provided in paragraph (d) of this subdi-
vision.
  (a)  Application  forms shall be furnished by and may be obtained from
any board of elections at any time until the day before  such  election.
Application  forms  shall also be supplied by the board of inspectors of
the election district in which applicant is a qualified voter on all  of
the days provided for local registration. In addition, application forms
shall  be  supplied  upon  the  request of the person authorized to vote
pursuant to this section, any such person's spouse, parent or  child,  a
person  residing with the applicant as a member of his household, or the
applicant's duly authorized agent. Application forms sent outside of the
United States to a country other than Canada or Mexico,  shall  be  sent
airmail.  Any  reference  to  "board  of  elections"  in  the  remaining
provisions of this section, except with respect to  the  furnishing  and
obtaining  of applications for absentee ballots, means only the board of
elections of the county or city in which the applicant  is  a  qualified
voter.
  (b) Applications may be filed either with the board of elections or in
person  with  the  board of inspectors of the election district in which
the applicant is a qualified voter, on one  of  the  days  provided  for
local registration.
  (c)  All  applications  must  be  mailed to the board of elections not
later than the seventh day before the election for  which  a  ballot  is
first requested or delivered to such board not later than the day before
such election.
  (d)  The  board  of  elections  shall mail an absentee ballot to every
qualified voter otherwise eligible for such a ballot, who requests  such
an  absentee ballot from such board of elections in writing in a letter,
telefax indicating the address, phone number and the telefax number from
which the writing is sent or other written instrument, which  is  signed
by the voter and received by the board of elections not earlier than the
thirtieth  day  nor  later  than the seventh day before the election for
which the ballot is first requested and which states the  address  where
the  voter  is  registered  and the address to which the ballot is to be
mailed; provided, however, a  military  voter  may  request  a  military
ballot  or voter registration application or an absentee ballot applica-
tion in a letter as provided in subdivision three of section  10-106  of
this  chapter; and provided further, a special federal voter may request
a special federal ballot or voter registration application or an  absen-
tee  ballot application in a letter as provided in paragraph d of subdi-
vision one of section 11-202 of this chapter.  The  board  of  elections
shall enclose with such ballot a form of application for absentee ballot
if the applicant is registered with such board of elections.
  S  2.  Paragraphs  (c)  and  (d) of subdivision 3 and subdivision 4 of
section 8-400 of the election law are REPEALED.
  S 3. This act shall take effect immediately.