NY State Senate Bill 2021-S6151

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to elections
Apr 12, 2021	referred to elections

2021-S6151 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §8-400, add Art 8 Title 7 §8-700, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8479
2019-2020: S699

2021-S6151 (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.

2021-S6151 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6151

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; and to repeal certain provisions of such law
relating thereto

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

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

Section 3. Amends article 8 of the election law by adding a new title 7
to read as follows:  Right to a Final Vote

Section 4. Establishes 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:

2020: S.699 - Referred to Elections
2019: S.699 - Referred to Elections
2018: S.8479 - Referred to Elections

 
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.

2021-S6151 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6151
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2021
                                ___________
 
 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; and to repeal certain provisions of such law
   relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  8-400 of the election law is
 REPEALED and a new subdivision 1 is added to read as follows:
   1. ANY PERSON WHO IS REGISTERED TO VOTE AND DEEMED A  QUALIFIED  VOTER
 MAY VOTE BY ABSENTEE BALLOT.
   § 2. Subdivisions 2, 3 and 4 of section 8-400 of the election law, 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,  paragraph  (d)  of  subdivision  2  as  separately
 amended by chapters 97 and 104 of the laws of 2010, subdivisions 3 and 4
 as  amended by chapter 63 of the laws of 2010, and subparagraph (iii) of
 paragraph (c) of subdivision 3 as amended by chapter 375 of the laws  of
 2015, are amended to read as follows:
   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

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

                                                            LBD09845-01-1

 S. 6151                             2
 
 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.
   (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

 S. 6151                             3

   (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.]
   §  3. Article 8 of the election law is amended by adding a new title 7
 to read as follows:
                                 TITLE VII
                           RIGHT TO A FINAL VOTE
 SECTION 8-700. RIGHT TO A FINAL VOTE.
   § 8-700. 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.
   §  4.  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 S6151

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2021-S6151 (ACTIVE) - Details

2021-S6151 (ACTIVE) - Summary

2021-S6151 (ACTIVE) - Sponsor Memo

2021-S6151 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6151

Share this bill

Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Elections Committee

2021-S6151 (ACTIVE) - Details

2021-S6151 (ACTIVE) - Summary

2021-S6151 (ACTIVE) - Sponsor Memo

2021-S6151 (ACTIVE) - Bill Text download pdf

Comments