S T A T E O F N E W Y O R K
________________________________________________________________________
4629
2015-2016 Regular Sessions
I N A S S E M B L Y
February 5, 2015
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Introduced by M. of A. COLTON -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to requiring that a nota-
tion be printed beside the names of voters who requested an absentee
ballot, and requiring voters with such notations to vote by affidavit
ballot
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph o of subdivision 4 of section 5-500 of the
election law, as amended by chapter 659 of the laws of 1994, is amended
and a new paragraph p is added to read as follows:
o. A space for "remarks" regarding other facts required by this chap-
ter to be recorded or appropriate to identify the voter[.];
P. WHETHER THE VOTER HAS REQUESTED AN ABSENTEE BALLOT.
S 2. Section 8-302 of the election law is amended by adding a new
subdivision 6 to read as follows:
6. IF A VOTER'S NAME APPEARS IN THE COMPUTER GENERATED REGISTRATION
LIST WITH A NOTATION INDICATING THAT SUCH VOTER REQUESTED AN ABSENTEE
BALLOT, THE VOTER SHALL ONLY BE ENTITLED TO VOTE BY AFFIDAVIT BALLOT
UNLESS A COURT ORDER PROVIDES OTHERWISE. AT THE TIME THAT AN INDIVIDUAL
CASTS AN AFFIDAVIT BALLOT, THE APPROPRIATE STATE OR LOCAL ELECTION OFFI-
CIAL SHALL GIVE THE INDIVIDUAL WRITTEN INFORMATION THAT STATES THAT ANY
INDIVIDUAL WHO CASTS AN AFFIDAVIT BALLOT WILL BE ABLE TO ASCERTAIN UNDER
THE SYSTEM ESTABLISHED UNDER SUBDIVISION FOUR OF SECTION 9-212 OF THIS
CHAPTER WHETHER THE VOTE WAS COUNTED, AND, IF THE VOTE WAS NOT COUNTED,
THE REASON THAT THE VOTE WAS NOT COUNTED.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06436-01-5