senate Bill S4269A

2013-2014 Legislative Session

Authorizes the board of elections to provide special ballots to board of election employees anytime up to the close of polls on election day

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Sponsored By

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
Jan 08, 2014 referred to elections
May 22, 2013 print number 4269a
amend and recommit to elections
Mar 18, 2013 referred to elections

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S4269 - Bill Details

See Assembly Version of this Bill:
A3750A
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §11-302, El L

S4269 - Bill Texts

view summary

Authorizes the board of elections to provide special ballots to board of election employees anytime up to the close of polls on election day.

view sponsor memo
BILL NUMBER:S4269

TITLE OF BILL: An act to amend the election law, in relation to the
provision of special ballots for board of election employees

PURPOSE: This bill removes the restriction on when a county board of
elections can provide ballots to election inspectors. Under current
law such ballots shall not be given out earlier than two weeks prior
to the election.

SUMMARY OF PROVISIONS:

Section one of this bill amends election law section 11-302 to remove
the two week time restriction on when special ballots can be given out
by boards of elections to inspectors.

JUSTIFICATION: This bill eliminates that statutory requirement of a
two week timeframe restricting when the local Board of Elections can
provide elections inspectors with their special ballots By removing
this language from the law, these special ballots will now be made
available in a fashion generally applicable to absentee ballots under
§ 8-406 of the Election Law This will streamline the process and avoid
the potential disenfranchising of voters who work at polling places on
election day.

LEGISLATIVE HISTORY: 2013: New bill.

FISCAL IMPLICATIONS: 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
________________________________________________________________________

                                  4269

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 18, 2013
                               ___________

Introduced  by Sens. TKACZYK, STEWART-COUSINS, ADDABBO, BRESLIN, CARLUC-
  CI, DILAN,  ESPAILLAT,  GIPSON,  HASSELL-THOMPSON,  HOYLMAN,  KRUEGER,
  LATIMER,   LAVALLE,  MONTGOMERY,  O'BRIEN,  PARKER,  RIVERA,  SAMPSON,
  SANDERS, SERRANO, SQUADRON, STAVISKY -- read twice and ordered  print-
  ed, and when printed to be committed to the Committee on Elections

AN  ACT  to  amend  the  election  law,  in relation to the provision of
  special ballots for board of election employees

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

  Section  1.  Section 11-302 of the election law, as amended by chapter
163 of the laws of 2010, is amended to read as follows:
  S 11-302. Special ballots for board of election  employees.  A  person
who  is  an employee of the board of elections or who has been appointed
to serve as an inspector of elections, poll clerk or election  coordina-
tor  at  a polling place other than the one at which he or she is regis-
tered to vote, may deliver to the inspectors of election of the election
district in which he or she is registered, or to the board of elections,
at any time during the period in which an application  for  an  absentee
ballot may be so delivered pursuant to the provisions of this chapter, a
written statement that he or she will be unable to appear at the polling
place  for  such election district on the day of an election because his
or her duties as an employee of such board  or  as  an  inspector,  poll
clerk  or  election  coordinator require him or her to be elsewhere. The
board of elections shall provide such voter a special ballot [not earli-
er than two weeks before the election and] not later than the  close  of
the  polls  on  election  day.  Such cast ballots may be delivered to an
office of such board of elections or to  any  board  of  inspectors  not
later than the close of the polls on election day. Such ballots shall be
retained  at  the  board of elections and cast and canvassed pursuant to
the provisions of section 9-209 of this chapter.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08692-01-3

Co-Sponsors

view additional co-sponsors

S4269A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3750A
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §11-302, El L

S4269A (ACTIVE) - Bill Texts

view summary

Authorizes the board of elections to provide special ballots to board of election employees anytime up to the close of polls on election day.

view sponsor memo
BILL NUMBER:S4269A

TITLE OF BILL: An act to amend the election law, in relation to the
provision of special ballots for board of election employees

PURPOSE:

To Board of Elections Employees to submit special ballots at any time
after such ballots are printed instead of the current law which
requires that they be submitted no earlier than two weeks before the
election.

SUMMARY OF PROVISIONS:

Section 1 amends the election law to allow board of election employees
or a person who has been appointed to serve as an inspector if
elections, poll clerk, or election coordinator at a polling place
other than the one at which she is registered to vote to submit a
special ballot any time after such ballot is printed but not later
than the close of polls on election day.

Section 2 establishes an immediate effective date.

JUSTIFICATION:

In November of 2012 the special ballots of fifty-three Ulster County
Board of Elections employees were nearly disenfranchised when it was
discovered that they were submitted prior to the two week window the
law requires. Fortunately, it was decided judicially that these
ballots would be opened and counted, putting the interests of the
voters above that of a hyper-technical law. This law would amend that
hyper-technical law to allow special ballots to be submitted any time
after such a ballot is printed, and prevent future need for judicial
ruling on such issues.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately.

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

                                 4269--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 18, 2013
                               ___________

Introduced  by Sens. TKACZYK, STEWART-COUSINS, ADDABBO, AVELLA, BRESLIN,
  CARLUCCI, DILAN, ESPAILLAT, GIPSON, HASSELL-THOMPSON, HOYLMAN,  KRUEG-
  ER,  LATIMER,  MONTGOMERY,  O'BRIEN, PARKER, RIVERA, SAMPSON, SANDERS,
  SERRANO, SQUADRON, STAVISKY -- read twice  and  ordered  printed,  and
  when  printed to be committed to the Committee on Elections -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend  the  election  law,  in relation to the provision of
  special ballots for board of election employees

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

  Section  1.  Section 11-302 of the election law, as amended by chapter
163 of the laws of 2010, is amended to read as follows:
  S 11-302. Special ballots for board of election  employees.  A  person
who  is  an employee of the board of elections or who has been appointed
to serve as an inspector of elections, poll clerk or election  coordina-
tor  at  a polling place other than the one at which he or she is regis-
tered to vote, may deliver to the inspectors of election of the election
district in which he or she is registered, or to the board of elections,
at any time during the period in which an application  for  an  absentee
ballot may be so delivered pursuant to the provisions of this chapter, a
written statement that he or she will be unable to appear at the polling
place  for  such election district on the day of an election because his
or her duties as an employee of such board  or  as  an  inspector,  poll
clerk  or  election  coordinator require him or her to be elsewhere. The
board of elections shall provide such voter a special ballot [not earli-
er than two weeks before the election and not later than] ANY TIME PRIOR
TO the close of the polls on election day,  PROVIDED  HOWEVER  THAT  THE
DISTRIBUTION  OF  SUCH  BALLOTS  TO SUCH VOTERS SHALL BE TIMED TO AFFORD
SUCH VOTERS SUFFICIENT TIME TO CAST SUCH BALLOTS PRIOR TO THE  CLOSE  OF
THE  POLLS  ON  ELECTION DAY.   Such cast ballots may be delivered to an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08692-02-3

S. 4269--A                          2

office of such board of elections or to  any  board  of  inspectors  not
later than the close of the polls on election day. Such ballots shall be
retained  at  the  board of elections and cast and canvassed pursuant to
the provisions of section 9-209 of this chapter.
  S 2. This act shall take effect immediately.

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