senate Bill S1368

2013-2014 Legislative Session

Clarifies that individuals have the ability to vote by absentee ballot where their maximum sentence of imprisonment has expired

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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 08, 2014 referred to education
Jan 09, 2013 referred to education

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S1368 - Bill Details

See Assembly Version of this Bill:
A3394
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §§2018-a & 2018-b, Ed L; amd §§84-a, 175-b & 213-b, Town L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S376, A9661
2009-2010: S4737A, A5190A

S1368 - Bill Texts

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Clarifies that individuals have the ability to vote by absentee ballot in certain elections where their maximum sentence of imprisonment has expired.

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BILL NUMBER:S1368

TITLE OF BILL: An act to amend the education law and the town law, in
relation to clarifying that individuals have the ability to vote by
absentee ballot where their maximum sentence of imprisonment has
expired

PURPOSE OR GENERAL IDEA OF BILL: This legislation makes conforming
changes to the education law and the town law to ensure that the
"statement of the absentee voter" printed on an absentee ballot
envelope is consistent with the existing election law provision
regarding the ability of a person to vote once they have completed
their maximum sentence of imprisonment or have been discharged from
parole.

SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 and 2 of the bill make conforming changes to section 2013-a
and 2018-b of the education law to ensure that the "statement of
absentee voter" printed on the absentee ballot envelope is consistent
with existing election law which provides that a person convicted of a
felony and incarcerated may vote once they have completed their
maximum sentence of imprisonment or have been discharged from parole.

Sections 3, 4 and 5 of the bill make conforming changes to the town
law to ensure that the "statement of absentee voter" printed on the
absentee ballot envelope is consistent with existing election law
which provides that a person convicted of a felony and incarcerated
may vote once they have completed their maximum sentence of
imprisonment or have been discharged from parole.

Section 6 of provides that the bill shall take effect immediately.

JUSTIFICATION: Election law § 5-106(2) provides that a person
convicted of a felony and incarcerated is not eligible to vote.
However, such person's right to vote is automatically restored once
they have completed their maximum sentence of imprisonment. However,
the "statement of absentee voter" printed on the envelope of the
absentee ballot pursuant to the education law and town law is
confusing because it is not consistent with § 5-106 of the election
law. Therefore, this bill amends the education law and town law by
adding the language from § 5-106 of the election law to clarify that a
person can vote once their maximum sentence of imprisonment has
expired or have been discharged from parole.

PRIOR LEGISLATIVE HISTORY:
2009-2010: S.4737-A/A.5190-A - Passed Senate Education
Committee/Referred to Assembly Election Law committee
2011-2012: S.376 - Died in Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately.


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

                                  1368

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education

AN ACT to amend the education law and the town law, in relation to clar-
  ifying that individuals have the ability to vote  by  absentee  ballot
  where their maximum sentence of imprisonment has expired

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

  Section 1. Paragraph b of subdivision  5  of  section  2018-a  of  the
education  law,  as amended by section 8 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
  b. On the reverse side of such envelope shall be printed the following
statement:

                       STATEMENT OF ABSENTEE VOTER

  I do declare that I am a citizen of the United States, and will be  at
least  eighteen  years  of  age,  on  the  date  of  the school district
election; that I will have been a resident of  this  state  and  of  the
school  district  and  school  election  district,  if any, shown on the
reverse side of this envelope for thirty days next  preceding  the  said
election  and duly registered in the school district and school election
district, if any, shown on the reverse side of this envelope and that  I
am  or  on such date will be, a qualified voter of said school district;
that I will be unable to appear personally on the  day  of  said  school
district  election  at the polling place of the said district in which I
am or will be a qualified voter because  of  the  reason  stated  on  my
application  heretofore  submitted;  that  I have not qualified, or do I
intend to vote, elsewhere than as set forth on the reverse side of  this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03982-01-3

S. 1368                             2

ised  to  contribute  to  another to be paid or used, any money or other
valuable thing, as a compensation or reward for the giving or  withhold-
ing  of  a  vote at this school district election, and have not made any
promise to influence the giving or withholding of any such votes; that I
have  not made or become directly or indirectly interested in any bet or
wager depending upon the result of this school  district  election;  and
that  I have not been convicted of bribery or any infamous crime, or, if
so convicted, that I have been pardoned or restored to all the rights of
a citizen, without restriction as to the right of suffrage, or  received
a  certificate  of  relief  from  disabilities  or a certificate of good
conduct pursuant to article twenty-three of the correction law  removing
my  disability  to register and vote OR MY MAXIMUM SENTENCE OF IMPRISON-
MENT HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM PAROLE.
  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 absentee voter, I shall be
guilty of a misdemeanor.

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

  S  2.  Paragraph b of subdivision 6 of section 2018-b of the education
law, as amended by section 9 of part LL of chapter 56  of  the  laws  of
2010, is amended to read as follows:
  b. On the reverse side of such envelope shall be printed the following
statement:

                       STATEMENT OF ABSENTEE VOTER

  I  do declare that I am a citizen of the United States, and will be at
least eighteen years of age on the date of the school district election;
that I will have been a  resident  of  this  state  and  of  the  school
district and school election district, if any, shown on the reverse side
of  this  envelope  for thirty days next preceding the said election and
that I am or on such date will be, a  qualified  voter  of  said  school
district;  that I will be unable to appear personally on the day of said
school district election at the polling place of the  said  district  in
which  I am or will be a qualified voter because of the reason stated on
my application heretofore submitted; that I have not qualified, or do  I
intend  to vote, elsewhere than as set forth on the reverse side of this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised to contribute to another to be paid or used,  any  money  or  other
valuable  thing, as a compensation or reward for the giving or withhold-
ing of a vote at this school district election, and have  not  made  any
promise to influence the giving or withholding of any such votes; that I
have  not made or become directly or indirectly interested in any bet or
wager depending upon the result of this school  district  election;  and
that  I have not been convicted of bribery or any infamous crime, or, if
so convicted, that I have been pardoned or restored to all the rights of
a citizen, without restriction as to the  right  of  suffrage,  or  have
received  a  certificate of relief from disabilities or a certificate of
good conduct pursuant to article  twenty-three  of  the  correction  law
removing  my  disability  to vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT
HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM PAROLE.

S. 1368                             3

  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 absentee voter, I shall be
guilty of a misdemeanor.

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

  S  3. Paragraph b of subdivision 5 of section 84-a of the town law, as
amended by section 10 of part LL of chapter 56 of the laws of  2010,  is
amended to read as follows:
  b. On the reverse side of such envelope shall be printed the following
statement:
                        STATEMENT OF ABSENTEE VOTER
  I  do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date  of
the  special  town  election;  that  I will have been a resident of this
state and of the town shown on the reverse side  of  this  envelope  for
thirty  days next preceding the said election; that I am or on such date
will be, a registered voter of said town;  that  I  will  be  unable  to
appear  personally on the day of said special town election at the poll-
ing place of the election district in which I am or will be a  qualified
voter  because of the reason stated on my application heretofore submit-
ted; that I have not qualified, or do I intend to vote,  elsewhere  than
as  set  forth  on  the  reverse  side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed,  offered  or  promised  to  contribute  to
another  to  be  paid  or  used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote  at  this
special  town  election,  and have not made any promise to influence the
giving or withholding of any such votes; that I have not made or  become
directly or indirectly interested in any bet or wager depending upon the
result of this special town election; and that I have not been convicted
of  bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a certificate  of  relief  from
disabilities  or a certificate of good conduct pursuant to article twen-
ty-three of the correction law removing my disability  to  register  and
vote  OR  MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED OR I HAVE BEEN
DISCHARGED FROM PAROLE.
  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 absentee voter, I shall be
guilty of a misdemeanor.
    Date.............. Signature of Voter..................
  S 4. Paragraph b of subdivision 5 of section 175-b of the town law, as
amended  by  section 11 of part LL of chapter 56 of the laws of 2010, is
amended to read as follows:
  b.  On the reverse side of such envelope shall be printed the  follow-
ing statement:
                       STATEMENT OF ABSENTEE VOTER
  I  do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date  of
the  district  election;  that I will have been a resident of this state
and of the district if any, shown on the reverse side of  this  envelope
for  thirty  days  next  preceding the said election and that I am or on
such date will be, a registered voter of said district; that I  will  be

S. 1368                             4

unable  to appear personally on the day of said district election at the
polling place of the said district in which I am or will be a  qualified
voter  because of the reason stated on my application heretofore submit-
ted;  that  I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of  this  envelope;  that  I  have  not
received or offered, do not expect to receive, have not paid, offered or
promised  to  pay,  contributed,  offered  or  promised to contribute to
another to be paid or used, any money or  other  valuable  thing,  as  a
compensation  or  reward for the giving or withholding of a vote at this
district election, and have not made any promise to influence the giving
or withholding of any such votes; that I have not made or become direct-
ly or indirectly interested in any  bet  or  wager  depending  upon  the
result  of this district election; and that I have not been convicted of
bribery or any infamous crime, or, if so convicted,  that  I  have  been
pardoned or restored to all the rights of a citizen, without restriction
as  to  the  right of suffrage, or received a certificate of relief from
disabilities or a certificate of good conduct pursuant to article  twen-
ty-three  of  the  correction law removing my disability to register and
vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED OR I  HAVE  BEEN
DISCHARGED FROM PAROLE.
  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 absentee voter, I shall be
guilty of a misdemeanor.
  Date..............Signature of Voter..................
  S 5. Paragraph b of subdivision 5 of section 213-b of the town law, as
amended by section 12 of part LL of chapter 56 of the laws of  2010,  is
amended to read as follows:
  b.   On the reverse side of such envelope shall be printed the follow-
ing statement:
                        STATEMENT OF ABSENTEE VOTER

  I do declare that I will have been a citizen of the United States  for
thirty  days, and will be at least eighteen years of age, on the date of
the district election; that I will have been a resident  of  this  state
and  of  the district if any, shown on the reverse side of this envelope
for thirty days next preceding the said election and that  I  am  or  on
such  date  will be, a registered voter of said district; that I will be
unable to appear personally on the day of said district election at  the
polling  place of the said district in which I am or will be a qualified
voter because of the reason stated on my application heretofore  submit-
ted;  that  I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of  this  envelope;  that  I  have  not
received or offered, do not expect to receive, have not paid, offered or
promised  to  pay,  contributed,  offered  or  promised to contribute to
another to be paid or used, any money or  other  valuable  thing,  as  a
compensation  or  reward for the giving or withholding of a vote at this
district election, and have not made any promise to influence the giving
or withholding of any such votes; that I have not made or become direct-
ly or indirectly interested in any  bet  or  wager  depending  upon  the
result  of this district election; and that I have not been convicted of
bribery or any infamous crime, or, if so convicted,  that  I  have  been
pardoned or restored to all the rights of a citizen, without restriction
as  to  the  right of suffrage, or received a certificate of relief from
disabilities or a certificate of good conduct pursuant to article  twen-
ty-three  of  the  correction law removing my disability to register and

S. 1368                             5

vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED OR I  HAVE  BEEN
DISCHARGED FROM PAROLE.
  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 absentee voter, I shall be
guilty of a misdemeanor.
     Date............. Signature of Voter ..............................
  S 6. This act shall take effect immediately.

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