NY State Senate Bill 2015-S6833A

Senate Bill S6833A

Signed By Governor

2015-2016 Legislative Session

Provides for the issuance of special ballots to emergency responders who respond to emergencies declared by the governor or a court of competent jurisdiction

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	signed chap.485
Nov 16, 2016	delivered to governor
May 23, 2016	returned to senate passed assembly ordered to third reading cal.627 substituted for a9919
May 16, 2016	referred to election law delivered to assembly passed senate
May 11, 2016	advanced to third reading
May 10, 2016	2nd report cal.
May 09, 2016	1st report cal.730
Apr 13, 2016	print number 6833a
Apr 13, 2016	amend and recommit to elections
Feb 26, 2016	referred to elections

Votes

- May 16, 2016 - Floor Vote
  S6833A
  
  58
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 16, 2016
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (2)
      
      Croci
      
      DeFrancisco
      
      excused (3)
      
      Diaz
      
      Nozzolio
      
      Seward
  May 9, 2016 - Elections Committee Vote
  S6833A
  
  8
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 9, 2016
      
      aye (8)
      
      Akshar
      
      Amedore
      
      Avella
      
      Comrie
      
      Dilan
      
      Gallivan
      
      Krueger
      
      Marchione
      
      excused (1)
      
      Nozzolio

Bill Amendments

Original

A (Active)

2015-S6833 - Details

See Assembly Version of this Bill:: A9919
Law Section:: Election Law
Laws Affected:: Add §11-308, El L

2015-S6833 - Summary

Provides for the issuance of special ballots to emergency responders who respond to emergencies declared by the governor or a court of competent jurisdiction.

2015-S6833 - Sponsor Memo

                                 BILL NUMBER:  S6833

 TITLE OF BILL :

An act to amend the election law, in relation to providing special
ballots for emergency responders

 PURPOSE :

To enable first responders to vote in an election during a state
declared emergency

 SUMMARY OF PROVISIONS :

Adds a new section 11-308 to the election law creating special ballots
for emergency responders.

§ 1 - allows registered voters who serve as emergency responders
during an emergency declared by the Governor or court of competent
jurisdiction to apply for a special ballot at any time prior to any
election regardless of absentee ballot deadlines.

§ 2 - Emergency responders may utilize an absentee ballot application
to request the special or may file a written statement that they are
unable to appear at the polling place on the day of election due to
duties as emergency responder. Boards of elections shall provide

ballot immediately upon request and may utilize overnight delivery.
Ballots may also be transmitted by facsimile or electronic transfer in
same format as military ballots.

§ 3 - Cast ballots may be delivered to any board of elections office
in the state or to any poll site no later than close of polls that
Election Day.

§ 4 - Board of elections shall assist emergency responders to ensure
the enfranchisement of the emergency responders.

§ 5 - Ballots received by boards of elections from voters of another
jurisdiction shall time and date stamp and forward immediately to the
voters' board of election. Ballots will be considered timely if time
stamp of first receiving board is timely. Ballots shall be cast and
canvassed according to same provision of absentee, military and
special ballot (ELN § 9-209) and if not in standard appearance shall
be handled same as military ballots and request (ELN § 10-125).

§ 6 - Emergency responders shall include all persons called upon to
provide emergency support, relief or other services during a declared
disaster, including, but not limited to, medical personnel, military
personnel, utility company or similar contract employees, fire
department personnel, local and state emergency management personnel,
and other state and local government employees providing response
services.

§ 7 - State board of elections shall develop and distribute sample
forms and procedure to local boards of elections to effectuate this
act.

§ 8 - provides for an immediate effective date.

 JUSTIFICATION :

This bill provides emergency responders access to special ballots
which can be returned to any board of elections and routed to the
responder's appropriate board. This legislation requires all boards of
elections to provide assistance to responders in the application and

ballot return process. It authorizes ballot delivery processes to
commensurate to those available military voters.

This bill provides emergency responders access to special ballots so
that they will not lose their right to vote on account of service in
response to an emergency.

 LEGISLATIVE HISTORY :

New bill.

 EFFECTIVE DATE :
Immediately

2015-S6833 - Bill Text download pdf

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

                                  6833

                            I N  S E N A T E

                            February 26, 2016
                               ___________

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

AN ACT to amend the election  law,  in  relation  to  providing  special
  ballots for emergency responders

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

  Section 1. The election law is amended by adding a new section  11-308
to read as follows:
  S  11-308.  SPECIAL BALLOTS FOR EMERGENCY RESPONDERS.  1. A REGISTERED
VOTER WHO SERVES AS AN EMERGENCY RESPONDER IN  TIMES  OF  EMERGENCY,  AS
DECLARED BY THE GOVERNOR OR A COURT OF COMPETENT JURISDICTION, MAY APPLY
TO  THE  BOARD  OF  ELECTIONS BY LETTER OR SPECIAL APPLICATION VIA MAIL,
FACSIMILE OR E-MAIL, FOR A SPECIAL BALLOT. SUCH  APPLICATION  OR  LETTER
MAY  BE  DELIVERED  TO  THE  BOARD OF ELECTIONS AT ANY TIME PRIOR TO ANY
ELECTION, WITHOUT REGARD TO DEADLINES FOR THE RECEIPT OF ABSENTEE BALLOT
APPLICATIONS.
  2. EMERGENCY RESPONDERS MAY UTILIZE AN ABSENTEE BALLOT APPLICATION  TO
REQUEST A SPECIAL BALLOT, OR MAY FILE A WRITTEN STATEMENT THAT HE OR SHE
WILL  BE UNABLE TO APPEAR AT THE POLLING PLACE ON THE DAY OF AN ELECTION
BECAUSE HIS OR HER DUTIES AS AN EMERGENCY RESPONDER REQUIRE  SUCH  VOTER
TO  BE  ELSEWHERE.  THE EMERGENCY RESPONDER SHALL DESIGNATE A PREFERENCE
FOR THE RECEIPT OF A  SPECIAL  BALLOT.  THE  BOARD  OF  ELECTIONS  SHALL
PROVIDE  SUCH  VOTER A SPECIAL BALLOT IMMEDIATELY UPON SUCH REQUEST, AND
SHALL UTILIZE OVERNIGHT EXPRESS DELIVERY FOR SUCH MAIL BALLOT  DELIVERY.
IF  THE  DESIGNATED  PREFERENCE  IS  FOR  FACSIMILE OR ELECTRONIC TRANS-
MISSION, THE BALLOT SHALL BE FURNISHED IN THE SAME MANNER APPLICABLE  TO
MILITARY VOTERS WHO REQUEST BALLOTS IN SUCH FORMAT.
  3.  SUCH  CAST  BALLOTS MAY BE DELIVERED TO ANY OFFICE OF ANY BOARD OF
ELECTIONS IN THE STATE, OR TO ANY OPEN POLL  SITE  NOT  LATER  THAN  THE
CLOSE OF THE POLLS ON ELECTION DAY.
  4.  EMERGENCY  RESPONDERS  SHALL  RECEIVE ASSISTANCE FROM ANY BOARD OF
ELECTIONS IN THE STATE IN RELATION TO APPLYING FOR, CASTING  AND  RETURN
DELIVERY  OF A SPECIAL BALLOT, INCLUDING FACSIMILE AND ELECTRONIC TRANS-
MISSION SERVICES, BALLOT ENVELOPE TEMPLATES IF NECESSARY, AND ANY  OTHER

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

                                                           LBD14328-01-6

S. 6833                             2

COMPONENT  OF  THE SPECIAL BALLOT ELECTION PROCESS THAT WILL HELP ENSURE
THE ENFRANCHISEMENT OF SUCH EMERGENCY RESPONDER.
  5. EMERGENCY RESPONDER SPECIAL BALLOTS RECEIVED BY BOARDS OF ELECTIONS
FROM  VOTERS  UNDER THE JURISDICTION OF ANOTHER BOARD OF ELECTIONS SHALL
BE DATE AND TIME-STAMPED AND IMMEDIATELY FORWARDED TO THE VOTER'S  BOARD
OF  ELECTIONS.    SUCH  BALLOTS SHALL BE TIMELY IF THE TIME STAMP OF THE
FIRST RECEIVING BOARD OF ELECTIONS IS TIMELY. SUCH BALLOTS SHALL BE CAST
AND CANVASSED PURSUANT TO THE PROVISIONS OF SECTION 9-209 OF THIS  CHAP-
TER AND WHERE AN EMERGENCY RESPONDER'S BALLOT AND ENVELOPE IS NOT STAND-
ARD  IN  APPEARANCE,  IT SHALL BE CAST AND CANVASSED CONSISTENT WITH THE
PROVISIONS OF SECTION 10-125 OF THIS CHAPTER.
  6. FOR PURPOSES OF THIS SECTION, "EMERGENCY RESPONDERS" SHALL  INCLUDE
ALL  PERSONS  CALLED  UPON TO PROVIDE EMERGENCY SUPPORT, RELIEF OR OTHER
SERVICES, IN THE RESPONSE TO NATURAL DISASTERS,  ACTS  OF  TERRORISM  OR
SABOTAGE, FIRE, POWER FAILURE, AND SUCH OTHER CIRCUMSTANCES WHICH PROMPT
THE  GOVERNOR OR A COURT OF COMPETENT JURISDICTION TO DECLARE SUCH EMER-
GENCY.  EMERGENCY RESPONDERS INCLUDE, BUT ARE NOT  LIMITED  TO,  MEDICAL
PERSONNEL,  MILITARY  PERSONNEL,  UTILITY  COMPANY  OR  SIMILAR CONTRACT
EMPLOYEES, FIRE DEPARTMENT PERSONNEL, LOCAL AND STATE EMERGENCY  MANAGE-
MENT PERSONNEL, AND OTHER STATE AND LOCAL GOVERNMENT EMPLOYEES PROVIDING
EMERGENCY RESPONSE SERVICES.
  7. THE STATE BOARD OF ELECTIONS SHALL DEVELOP AND DISTRIBUTE TO BOARDS
OF ELECTIONS, SAMPLE FORMS AND PROCEDURES TO ENSURE THE PARTICIPATION OF
EMERGENCY RESPONDERS IN ANY ELECTION CONDUCTED BY A BOARD OF ELECTIONS.
  S 2. This act shall take effect immediately.

2015-S6833A (ACTIVE) - Details

See Assembly Version of this Bill:: A9919
Law Section:: Election Law
Laws Affected:: Add §11-308, El L

2015-S6833A (ACTIVE) - Summary

Provides for the issuance of special ballots to emergency responders who respond to emergencies declared by the governor or a court of competent jurisdiction.

2015-S6833A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6833A

 TITLE OF BILL :

An act to amend the election law, in relation to providing special
ballots for emergency responders

 PURPOSE :

To enable first responders to vote in an election during a state
declared emergency

 SUMMARY OF PROVISIONS :

Adds a new section 11-308 to the election law creating special ballots
for emergency responders.

§ 1 - allows registered voters who serve as emergency responders
during an emergency declared by the Governor or court of competent
jurisdiction to apply for a special ballot at any time prior to any
election regardless of absentee ballot deadlines.

§ 2 - Emergency responders may utilize an absentee ballot application
to request the special or may file a written statement that they are
unable to appear at the polling place on the day of election due to
duties as emergency responder. Boards of elections shall provide

ballot immediately upon request and may utilize overnight delivery.
Ballots may also be transmitted by facsimile or electronic transfer in
same format as military ballots.

§ 3 - Cast ballots may be delivered to any board of elections office
in the state or to any poll site no later than close of polls that
Election Day.

§ 4 - Board of elections shall assist emergency responders to ensure
the enfranchisement of the emergency responders.

§ 5 - Ballots received by boards of elections from voters of another
jurisdiction shall time and date stamp and forward immediately to the
voters' board of election. Ballots will be considered timely if time
stamp of first receiving board is timely. Ballots shall be cast and
canvassed according to same provision of absentee, military and
special ballot (ELN § 9-209) and if not in standard appearance shall
be handled same as military ballots and request (ELN § 10-125).

§ 6 - Emergency responders shall include all persons called upon to
provide emergency support, relief or other services during a declared
disaster, including, but not limited to, medical personnel, military
personnel, utility company or similar contract employees, fire
department personnel, police department personnel, local and state
emergency management personnel, and other state and local government
employees providing response services.

§ 7 - State board of elections shall develop and distribute sample
forms and procedure to local boards of elections to effectuate this
act.

§ 8 - provides for an immediate effective date.

 JUSTIFICATION :

This bill provides emergency responders access to special ballots
which can be returned to any board of elections and routed to the
responder's appropriate board. This legislation requires all boards of
elections to provide assistance to responders in the application and

ballot return process. It authorizes ballot delivery processes to
commensurate to those available military voters.

This bill provides emergency responders access to special ballots so
that they will not lose their right to vote on account of service in
response to an emergency.

 LEGISLATIVE HISTORY :

New bill.

 EFFECTIVE DATE :
Immediately

2015-S6833A (ACTIVE) - Bill Text download pdf

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

                                 6833--A

                            I N  S E N A T E

                            February 26, 2016
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  election  law, in relation to providing special
  ballots for emergency responders

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

  Section  1. The election law is amended by adding a new section 11-308
to read as follows:
  S 11-308. SPECIAL BALLOTS FOR EMERGENCY RESPONDERS.   1. A  REGISTERED
VOTER  WHO  SERVES  AS  AN EMERGENCY RESPONDER IN TIMES OF EMERGENCY, AS
DECLARED BY THE GOVERNOR OR A COURT OF COMPETENT JURISDICTION, MAY APPLY
TO THE BOARD OF ELECTIONS BY LETTER OR  SPECIAL  APPLICATION  VIA  MAIL,
FACSIMILE  OR  E-MAIL,  FOR A SPECIAL BALLOT. SUCH APPLICATION OR LETTER
MAY BE DELIVERED TO THE BOARD OF ELECTIONS AT  ANY  TIME  PRIOR  TO  ANY
ELECTION, WITHOUT REGARD TO DEADLINES FOR THE RECEIPT OF ABSENTEE BALLOT
APPLICATIONS.
  2.  EMERGENCY RESPONDERS MAY UTILIZE AN ABSENTEE BALLOT APPLICATION TO
REQUEST A SPECIAL BALLOT, OR MAY FILE A WRITTEN STATEMENT THAT HE OR SHE
WILL BE UNABLE TO APPEAR AT THE POLLING PLACE ON THE DAY OF AN  ELECTION
BECAUSE  HIS  OR HER DUTIES AS AN EMERGENCY RESPONDER REQUIRE SUCH VOTER
TO BE ELSEWHERE. THE EMERGENCY RESPONDER SHALL  DESIGNATE  A  PREFERENCE
FOR  THE  RECEIPT  OF  A  SPECIAL  BALLOT.  THE BOARD OF ELECTIONS SHALL
PROVIDE SUCH VOTER A SPECIAL BALLOT IMMEDIATELY UPON SUCH  REQUEST,  AND
SHALL  UTILIZE OVERNIGHT EXPRESS DELIVERY FOR SUCH MAIL BALLOT DELIVERY.
IF THE DESIGNATED PREFERENCE  IS  FOR  FACSIMILE  OR  ELECTRONIC  TRANS-
MISSION,  THE BALLOT SHALL BE FURNISHED IN THE SAME MANNER APPLICABLE TO
MILITARY VOTERS WHO REQUEST BALLOTS IN SUCH FORMAT.
  3. SUCH CAST BALLOTS MAY BE DELIVERED TO ANY OFFICE OF  ANY  BOARD  OF
ELECTIONS  IN  THE  STATE,  OR  TO ANY OPEN POLL SITE NOT LATER THAN THE
CLOSE OF THE POLLS ON ELECTION DAY.
  4. EMERGENCY RESPONDERS SHALL RECEIVE ASSISTANCE  FROM  ANY  BOARD  OF
ELECTIONS  IN  THE STATE IN RELATION TO APPLYING FOR, CASTING AND RETURN

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

                                                           LBD14328-02-6

S. 6833--A                          2

DELIVERY OF A SPECIAL BALLOT, INCLUDING FACSIMILE AND ELECTRONIC  TRANS-
MISSION  SERVICES, BALLOT ENVELOPE TEMPLATES IF NECESSARY, AND ANY OTHER
COMPONENT OF THE SPECIAL BALLOT ELECTION PROCESS THAT WILL  HELP  ENSURE
THE ENFRANCHISEMENT OF SUCH EMERGENCY RESPONDER.
  5. EMERGENCY RESPONDER SPECIAL BALLOTS RECEIVED BY BOARDS OF ELECTIONS
FROM  VOTERS  UNDER THE JURISDICTION OF ANOTHER BOARD OF ELECTIONS SHALL
BE DATE AND TIME-STAMPED AND IMMEDIATELY FORWARDED TO THE VOTER'S  BOARD
OF  ELECTIONS.    SUCH  BALLOTS SHALL BE TIMELY IF THE TIME STAMP OF THE
FIRST RECEIVING BOARD OF ELECTIONS IS TIMELY. SUCH BALLOTS SHALL BE CAST
AND CANVASSED PURSUANT TO THE PROVISIONS OF SECTION 9-209 OF THIS  CHAP-
TER AND WHERE AN EMERGENCY RESPONDER'S BALLOT AND ENVELOPE IS NOT STAND-
ARD  IN  APPEARANCE,  IT SHALL BE CAST AND CANVASSED CONSISTENT WITH THE
PROVISIONS OF SECTION 10-125 OF THIS CHAPTER.
  6. FOR PURPOSES OF THIS SECTION, "EMERGENCY RESPONDERS" SHALL  INCLUDE
ALL  PERSONS  CALLED  UPON TO PROVIDE EMERGENCY SUPPORT, RELIEF OR OTHER
SERVICES, IN THE RESPONSE TO NATURAL DISASTERS,  ACTS  OF  TERRORISM  OR
SABOTAGE, FIRE, POWER FAILURE, AND SUCH OTHER CIRCUMSTANCES WHICH PROMPT
THE  GOVERNOR OR A COURT OF COMPETENT JURISDICTION TO DECLARE SUCH EMER-
GENCY.  EMERGENCY RESPONDERS INCLUDE, BUT ARE NOT  LIMITED  TO,  MEDICAL
PERSONNEL,  MILITARY  PERSONNEL,  UTILITY  COMPANY  OR  SIMILAR CONTRACT
EMPLOYEES, FIRE DEPARTMENT PERSONNEL, POLICE DEPARTMENT PERSONNEL, LOCAL
AND STATE EMERGENCY MANAGEMENT PERSONNEL,  AND  OTHER  STATE  AND  LOCAL
GOVERNMENT EMPLOYEES PROVIDING EMERGENCY RESPONSE SERVICES.
  7. THE STATE BOARD OF ELECTIONS SHALL DEVELOP AND DISTRIBUTE TO BOARDS
OF ELECTIONS, SAMPLE FORMS AND PROCEDURES TO ENSURE THE PARTICIPATION OF
EMERGENCY RESPONDERS IN ANY ELECTION CONDUCTED BY A BOARD OF ELECTIONS.
  S 2. This act shall take effect immediately.

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