Senate Bill S3552

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

                                  3552

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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 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
action  of the grand jury or is confined after conviction for an offense
other than a felony.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04498-01-3

              

S. 3552                             2

  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
  (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

S. 3552                             3

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
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.