NY State Senate Bill 2017-S8479

Archive: Last Bill Status - In Senate Committee Elections Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2018	referred to elections

2017-S8479 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §8-400, add Art 8 Title 6 §8-600, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S699
2021-2022: S6151

2017-S8479 (ACTIVE) - Summary

Authorizes any registered voter to vote by absentee ballot; establishes a voter's right to cast a final vote on election day to nullify an earlier or absentee vote.

2017-S8479 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8479

SPONSOR: BOYLE
 
TITLE OF BILL:

An act to amend the election law, in relation to authorizing any regis-
tered voter to vote by absentee ballot and in relation to establishing a
right to a final vote

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow any voter to vote by absentee ballot and to allow the right of
a final vote on election day at the voter's polling place that would
negate all earlier votes.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Subdivisions 1,2,3 and 4 of section 8-400 of the election
law, subdivisions 1,3 and 4 as amended by chapter 63 of the laws of
2010, paragraph (c) of subdivision 1 and subparagraph (iii) of paragraph
(c) of subdivision 3 as amended by chapter 375 of the laws of 2015, the

opening paragraph of subdivision 2 as amended by chapter 216 of the laws
of 1988, paragraph (a) of subdivision as amended by chapter 263 of the
laws of 1991, paragraph (c) of subdivision 2 as amended by chapter 321
of the laws of 1988, and paragraph (d) of subdivision 2 as separately
amended by chapters 97 and 104 of the laws of 2010, are amended to read
as follows:

1. Any person who is registered to vote and deemed a qualified voter may
vote by absentee ballot.

2. A qualified voter desiring to vote at such election as an absentee
voter must apply. Application specifications listed in (a), (b), (c)and
(d).

3. Application specifications listed in (a), (b), and (c). Section 2.
Article 8 of the election law is amended by adding a new title 6 to read
as follows:

TITLE VI

RIGHT TO A FINAL VOTE

Section 8-600. Right to a final vote. Before his or her vote is counted
in an election any voter who has voted by absentee ballot or other early
voting procedure shall have the right to cast a ballot on election day
that would negate such earlier vote.

Section 3. Effective date.

 
JUSTIFICATION:

There are various forms of voting proposals allowing citizens more
opportunity to participate in our democracy. For some, voting by absen-
tee ballot would be a matter of convenience. For many individuals,
however, who cannot leave work on election day, are elderly, or have no
transportation, absentee voting might provide the only opportunity for
them to exercise their right to vote.

Current law requires that an individual can vote by absentee ballot only
if that individual is absent from the county of his or her residence; is
unable to appear at their polling place due to disability or illness; is
a resident of a veterans health administration hospital; or detained in
a 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.

This legislation would allow citizens to vote by absentee ballot without
requiring any excuse.

On some rare occasions, breaking news just prior to election day brings
forth new information that may change a voter's opinion of a candidate.

One example occurred in Montana's May 25, 2017 special election for a
U.S. House of Representatives seat. Just hours before the polls opened,
the frontrunner was charged with assaulting a reporter.  Subsequently,
many supporters had rescinded endorsements. With more than half of the
ballots cast by mail prior to the incident, the accused candidate won
the election.

This bill would allow voters in New York to change their minds in those
rare situations where new information comes to light. It would allow
voters a "final vote" by casting their ballot on election day at their
polling place, negating any previous absentee ballot vote.  This is the
only way that all voters can be assured of having the same amount of
information about candidates when voting.

This system of "final vote" already exists for absentee voters in New
York.

 
PRIOR LEGISLATIVE HISTORY:

NEW BILL.

 
FISCAL IMPLICATIONS:

TO BE DETERMINED.

 
EFFECTIVE DATE:
THIS ACT SHALL TAKE EFFECT ON THE SAME DATE AND IN THE SAME MANNER AS A
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY PROPOSING AN AMENDMENT
OF SECTION 2 OF ARTICLE 2 OF THE CONSTITUTION, IN RELATION TO ABSENTEE
VOTING TAKES EFFECT, IN ACCORDANCE WITH SECTION 1 OF ARTICLE 19 OF THE
CONSTITUTION.

2017-S8479 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8479
 
                             I N  S E N A T E
 
                                May 8, 2018
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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 authorizing any  regis-
   tered voter to vote by absentee ballot and in relation to establishing
   a right to a final vote
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2, 3 and 4 of section 8-400 of the election
 law, subdivisions 1, 3 and 4 as amended by chapter 63  of  the  laws  of
 2010, paragraph (c) of subdivision 1 and subparagraph (iii) of paragraph
 (c)  of subdivision 3 as amended by chapter 375 of the laws of 2015, the
 opening paragraph of subdivision 2 as amended by chapter 216 of the laws
 of 1988, paragraph (a) of subdivision 2 as amended by chapter 263 of the
 laws of 1991, paragraph (c) of subdivision 2 as amended by  chapter  321
 of  the  laws  of 1988, and paragraph (d) of subdivision 2 as separately
 amended by chapters 97 and 104 of the laws of 2010, are amended to  read
 as follows:
   1. [A qualified voter may vote as an absentee voter under this chapter
 if,  on the occurrence of any village election conducted by the board of
 elections, primary election, special election, general election  or  New
 York  city  community  school  board  district or city of Buffalo school
 district election, he or she expects to be:
   (a) absent from the county of his or her residence, or, if a  resident
 of the city of New York absent from said city; or
   (b)  unable  to appear personally at the polling place of the election
 district in which he or she is a qualified voter because of  illness  or
 physical 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
   (c) a resident or patient of a veterans health  administration  hospi-
 tal; or
   (d)  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.] ANY PERSON WHO IS REGISTERED TO VOTE

 AND DEEMED A QUALIFIED VOTER MAY VOTE BY ABSENTEE BALLOT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11999-04-8

 S. 8479                             2
 
   2. A qualified voter desiring to vote at such election as an  absentee
 voter  [for  any  reason  specified in subdivision one hereof] must make
 application for an absentee ballot on a form to be obtained and filed as
 provided herein or by letter as provided in paragraph (d) of this subdi-
 vision.
   (a)  Application  forms shall be furnished by and may be obtained from
 any board of elections at any time until the day before  such  election.
 Application  forms  shall also be supplied by the board of inspectors of
 the election district in which applicant is a qualified voter on all  of
 the days provided for local registration. In addition, application forms
 shall  be  supplied  upon  the  request of the person authorized to vote
 pursuant to this section, any such person's spouse, parent or  child,  a
 person  residing with the applicant as a member of his household, or the
 applicant's duly authorized agent. Application forms sent outside of the
 United States to a country other than Canada or Mexico,  shall  be  sent
 airmail.  Any  reference  to  "board  of  elections"  in  the  remaining
 provisions of this section, except with respect to  the  furnishing  and
 obtaining  of applications for absentee ballots, means only the board of
 elections of the county or city in which the applicant  is  a  qualified
 voter.
   (b) Applications may be filed either with the board of elections or in
 person  with  the  board of inspectors of the election district in which
 the applicant is a qualified voter, on one  of  the  days  provided  for
 local registration.
   (c)  All  applications  must  be  mailed to the board of elections not
 later than the seventh day before the election for  which  a  ballot  is
 first  requested  or  delivered  to  such  board  not later than the day
 [before] OF such election.
   (d) The board of elections shall mail  an  absentee  ballot  to  every
 qualified  voter otherwise eligible for such a ballot, who requests such
 an absentee ballot from such board of elections in writing in a  letter,
 telefax indicating the address, phone number and the telefax number from
 which  the  writing is sent or other written instrument, which is signed
 by the voter and received by the board of elections not earlier than the
 thirtieth day nor later than the seventh day  before  the  election  for
 which  the  ballot is first requested and which states the address where
 the voter is registered and the address to which the  ballot  is  to  be
 mailed;  provided,  however,  a  military  voter  may request a military
 ballot or voter registration application or an absentee ballot  applica-
 tion  in  a letter as provided in subdivision three of section 10-106 of
 this chapter; and provided further, a special federal voter may  request
 a  special federal ballot or voter registration application or an absen-
 tee ballot application in a letter as provided in paragraph d of  subdi-
 vision  one  of  section  11-202 of this chapter. The board of elections
 shall enclose with such ballot a form of application for absentee ballot
 if the applicant is registered with such board of elections.
   3. The application for an absentee ballot when filed must  contain  in
 each instance the following information:
   (a)  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 his or her
 town or city and an address to which the ballot shall be mailed.
   (b) A statement that the  applicant  is  a  qualified  and  registered
 voter.

 S. 8479                             3
 
   (c) [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:
   (i)  absent  from the county of his or her residence, or if a resident
 of the city of New York absent from said city; provided, however, if the
 applicant expects to be absent from such county or city 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
   (ii)  unable  to appear at a 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
   (iii) a resident or patient of a veterans health administration hospi-
 tal; or
   (iv)  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 and stating the place where he or she is so detained
 or confined.
   (d)]  Such  application  shall  permit  the  applicant to apply for an
 absentee ballot for either a primary election or the general election in
 any year [and for those persons who will  be  continuously  absent  from
 their  county  of  residence  during the period between the fall primary
 election and the general election in any year to apply for  ballots  for
 both  such  elections in such year]. A voter who applies for an absentee
 ballot shall be sent an absentee ballot  for  any  special  election  or
 winter  primary  that occurs during the period [of absence] specified in
 the application.
   [4. A voter who claims permanent illness or  physical  disability  may
 make  application  for  an  absentee  ballot and the right to receive an
 absentee ballot for each election thereafter as provided herein  without
 further  application,  by filing with the board of elections an applica-
 tion which shall contain a statement to be executed by the  voter.  Upon
 filing of such application the board of elections shall cause the regis-
 tration  records  of  the  voter to be marked "Permanently Disabled" and
 thereafter shall send an absentee ballot for  each  succeeding  primary,
 special  or  general  election  to  such  voter at his or her last known
 address by first class mail with a request to the postal authorities not
 to forward such ballot but to return it in five days in the  event  that
 it  cannot be delivered to the addressee. The mailing of such ballot for
 each  election  shall  continue  until  such  voter's  registration   is
 cancelled.]
   §  2. Article 8 of the election law is amended by adding a new title 6
 to read as follows:
                                 TITLE VI
                           RIGHT TO A FINAL VOTE
 SECTION 8-600. RIGHT TO A FINAL VOTE.
   § 8-600. RIGHT TO A FINAL VOTE. BEFORE HIS OR HER VOTE IS  COUNTED  IN
 AN  ELECTION  ANY  VOTER WHO HAS VOTED BY ABSENTEE BALLOT OR OTHER EARLY
 VOTING PROCEDURE SHALL HAVE THE RIGHT TO CAST A BALLOT ON  ELECTION  DAY
 THAT WOULD NEGATE SUCH EARLIER VOTE.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY  proposing
 an  amendment to section 2 of article 2 of the constitution, in relation
 to absentee voting" takes effect, in accordance with section 1 of  arti-
 cle 19 of the constitution.

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Senate Bill S8479

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

2017-S8479 (ACTIVE) - Details

2017-S8479 (ACTIVE) - Summary

2017-S8479 (ACTIVE) - Sponsor Memo

2017-S8479 (ACTIVE) - Bill Text download pdf

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

2017-S8479 (ACTIVE) - Details

2017-S8479 (ACTIVE) - Summary

2017-S8479 (ACTIVE) - Sponsor Memo

2017-S8479 (ACTIVE) - Bill Text download pdf

Comments