The New York State Senate

EXISTING LAW:

Section 2 of article II of the constitution requires that voters
anticipate that they will be out of the county on election day or
otherwise unable to go to the polls because of illness or physical
disability. No other exceptions are allowed, and over the years the
legislature has grafted onto this restriction additional requirements
for disclosure of the reason the person will be out of the county or
is unable to go to the polls, where the voter will be and the dates
that the voter will be away.

JUSTIFICATION:
The restrictions on absentee voting have proved more and more onerous
as we have become a more mobile society, and have also proven to be a
source of much litigation. The disclosures required by current law but
not the constitution not only violate peoples' privacy rights, but
because absentee ballot requests are a public record, they also pose
a threat to the safety and security of people who are ill or
disabled, as well as to the property of those who will be out of the
county.

The constitution's requirements, as well as those adopted by the
legislature have opened the door widespread and costly litigation in
close and hotly contested races, which place an unnecessary burden on
both candidates and the boards of elections. One of the most recent
examples of this occurred in the recently settled election in the
20th congressional District to replace Kirsten Gillibrand, who was
appointed to fill a Senate vacancy by the governor. In that contest,
Republican candidate Jim Tedesco challenged the absentee ballot cast


by Senator Gillibrand because she might have been in the district on
election day, despite the fact that a voter only needs to have a
reasonable expectation that he or
she will be absent from the county on election day in order to vote my
absentee ballot.

Removal of the constitutional restrictions on voting by absentee
ballot will eliminate such unnecessary wastes of time and money,
prevent the disenfranchisement of qualified voters and encourage
voting by those who might not otherwise go to the polls if it is
inconvenient. It will permit the Legislature to allow qualified
persons to request a paper ballot without requiring an explanation of
the reason for the request, which could be private and personal. It
will also empower the Legislature to consider and determine whether
new technologies may be used for voting at places other than at the
polling place, and whether voting by such means may take place on or
before the date set for an election.

LEGISLATIVE HISTORY:
2009-2010: S.5028 - Passed Senate; Died in Assembly Rules.
2011-2012: S. 1563 - Referred to Judiciary.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

RESOLVED (if the Assembly concur), That the foregoing amendments be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.