Bill Text: NY A02585 | 2011-2012 | General Assembly | Amended
Bill Title: Sets forth provisions for absentee ballots for fire districts for fire district elections.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-06-11 - REFERRED TO RULES [A02585 Detail]
Download: New_York-2011-A02585-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2585--B
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
___________
Introduced by M. of A. GALEF, ENGLEBRIGHT, MAGEE, PAULIN, KOLB --
Multi-Sponsored by -- M. of A. BOYLAND, CALHOUN, COOK, CROUCH, DUPREY,
FINCH, GIGLIO, JORDAN, LUPARDO, McKEVITT, J. MILLER, MOLINARO, ORTIZ,
REILLY, ROBINSON, SAYWARD, SWEENEY, THIELE -- read once and referred
to the Committee on Local Governments -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the town law, in relation to absentee ballots for fire
district elections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 1 and 2 of section 175-b of the town law, as
2 amended by chapter 401 of the laws of 1996, are amended to read as
3 follows:
4 1. The board of fire commissioners of any fire district in which offi-
5 cers are elected[, may, by resolution,] SHALL provide for absentee
6 ballots for fire district elections, in accordance with the provisions
7 of this section. [Such resolution shall take effect at the first such
8 election held more than sixty days after its adoption and shall continue
9 in effect for all such elections until a subsequent resolution providing
10 otherwise shall, in like manner, have taken effect.]
11 2. a. [An applicant for such an absentee ballot shall submit an appli-
12 cation setting forth (1) his or her name and residence address, includ-
13 ing the street and number, if any, or town and rural delivery route, if
14 any; (2) that he or she is or will be, on the day of the election, a
15 qualified voter of the district in which he or she resides in that he or
16 she is or will be, on such date, over eighteen years of age, a citizen
17 of the United States and has or will have resided in the district for
18 thirty days next preceding such date; (3) that he or she is registered
19 in the town; (4) that he or she will be unable to appear to vote in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00364-03-1
A. 2585--B 2
1 person on the day of the election for which the absentee ballot is
2 requested because he or she is, or will be on such day (a) a patient in
3 a hospital, or unable to appear personally at the polling place on such
4 day because of illness or physical disability or (b) because of his or
5 her duties, occupation or business will require him or her to be outside
6 of the county of his or her residence on such day, (c) because he or she
7 will be on vacation outside the county of his or her residence on such
8 day; or, (d) absent from his or her voting residence because he or she
9 is detained in jail awaiting action by a grand jury or awaiting trial or
10 is confined in prison after conviction for an offense other than a felo-
11 ny. Such application must be received by the district secretary at
12 least seven days before the election if the ballot is to be mailed to
13 the voter, or the day before the election, if the ballot is to be deliv-
14 ered personally to the voter or his or her agent.
15 b. (1) Where such duties, occupation or business are of such a
16 nature as ordinarily to require such absence, a brief description of
17 such duties, occupation or business shall be set forth in such affida-
18 vit. (2) Where such duties, occupation or business are not of such a
19 nature as ordinarily to require such absence, such application shall
20 contain a statement of the special circumstances on account of which
21 such absence is required.
22 c. Where the applicant expects in good faith to be absent on the day
23 of the election because he or she will be on vacation elsewhere on such
24 day, such application shall also contain the dates upon which he or she
25 expects to begin and end such vacation, the place or places where he or
26 she expects to be on such vacation, the name and address of his or her
27 employer, if any, and if self-employed, a statement to that effect.
28 d. Where the absence is because of detention or confinement to jail,
29 such affidavit shall state whether the voter is detained awaiting action
30 of the grand jury or is confined after conviction for an offense other
31 than a felony.
32 e. Where a person is or would be, if he or she were a qualified
33 voter, entitled to apply for the right to vote by absentee ballot under
34 the provisions of this section, his or her spouse, parent or child, if a
35 qualified voter and a resident of the same district, shall be entitled
36 to vote as an absentee voter upon personally making and signing an
37 application in accordance with the preceding provisions of this subdivi-
38 sion and showing that he or she expects to be absent from the district
39 on the day of the district election by reason of accompanying or being
40 with the spouse, child or parent who is or would be, if he or she were a
41 qualified voter, so entitled to apply for the right to vote by absentee
42 ballot, and, in the event no application is made by such spouse, child
43 or parent, such further information as the fire district shall require.
44 f.] A QUALIFIED VOTER MAY VOTE AS AN ABSENTEE VOTER UNDER THIS SECTION
45 IF DURING ALL THE HOURS OF VOTING ON THE DAY OF A FIRE DISTRICT ELECTION
46 HE OR SHE WILL BE:
47 (1) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; OR
48 (2) UNABLE TO APPEAR AT THE POLLING PLACE BECAUSE OF ILLNESS OR PHYS-
49 ICAL DISABILITY, OR DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE
50 INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED, OR BECAUSE HE OR SHE
51 WILL BE OR IS A PATIENT IN A HOSPITAL; OR
52 (3) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
53 (4) ABSENT FROM HIS OR HER VOTING RESIDENCE BECAUSE HE OR SHE IS
54 DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL, OR
55 CONFINED IN JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER THAN
A. 2585--B 3
1 A FELONY, PROVIDED THAT HE OR SHE IS QUALIFIED TO VOTE IN THE ELECTION
2 DISTRICT OF HIS OR HER RESIDENCE.
3 B. EACH PERSON ENTITLED TO VOTE AS AN ABSENTEE VOTER PURSUANT TO THIS
4 SECTION AND DESIROUS OF OBTAINING AN ABSENTEE BALLOT SHALL MAKE WRITTEN
5 APPLICATION THEREFOR TO THE DISTRICT SECRETARY. APPLICATION FORMS FOR
6 USE PURSUANT TO THIS SECTION SHALL BE IN A FORM PRESCRIBED BY THE STATE
7 BOARD OF ELECTIONS. THE USE OF ANY APPLICATION WHICH IS ON A FORM
8 PRESCRIBED BY THE STATE BOARD OF ELECTIONS SHALL BE ACCEPTABLE. Such
9 application shall include the following statement to be signed by the
10 voter.
11 I hereby declare that the foregoing is a true statement to the best of
12 my knowledge and belief, and I understand that if I make any material
13 false statement in the foregoing statement of application for absentee
14 ballots, I shall be guilty of a misdemeanor.
15 Date.....................Signature of Voter.............
16 [g.] C. THE APPLICATION FOR AN ABSENTEE BALLOT WHEN FILED MUST CONTAIN
17 IN EACH INSTANCE THE FOLLOWING INFORMATION:
18 (1) APPLICANT'S FULL NAME, DATE OF BIRTH, AND RESIDENCE ADDRESS,
19 INCLUDING THE STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE, IF ANY,
20 MAILING ADDRESS IF DIFFERENT FROM THE RESIDENCE ADDRESS AND AN ADDRESS
21 TO WHICH THE BALLOT SHALL BE MAILED.
22 (2) A STATEMENT THAT THE APPLICANT IS A QUALIFIED AND REGISTERED
23 VOTER.
24 (3) A STATEMENT, AS APPROPRIATE, THAT ON THE DAY OF SUCH ELECTION THE
25 APPLICANT EXPECTS IN GOOD FAITH TO BE IN ONE OF THE FOLLOWING CATEGO-
26 RIES:
27 (A) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; PROVIDED, HOWEVER,
28 IF THE APPLICANT EXPECTS TO BE ABSENT FROM SUCH COUNTY FOR A DURATION
29 COVERING MORE THAN ONE ELECTION AND SEEKS AN ABSENTEE BALLOT FOR EACH
30 ELECTION, HE OR SHE SHALL STATE THE DATES WHEN HE OR SHE EXPECTS TO
31 BEGIN AND END SUCH ABSENCE; OR
32 (B) UNABLE TO APPEAR AT A POLLING PLACE BECAUSE OF ILLNESS OR PHYSICAL
33 DISABILITY OR DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE INDIVID-
34 UALS WHO ARE ILL OR PHYSICALLY DISABLED; OR
35 (C) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
36 (D) DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL
37 OR CONFINED IN JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER
38 THAN A FELONY AND STATING THE PLACE WHERE HE OR SHE IS SO DETAINED OR
39 CONFINED.
40 (4) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN-
41 TEE BALLOT FOR EITHER A PRIMARY ELECTION OR THE GENERAL ELECTION IN ANY
42 YEAR AND FOR THOSE PERSONS WHO WILL BE CONTINUOUSLY ABSENT FROM THEIR
43 COUNTY OF RESIDENCE DURING THE PERIOD BETWEEN THE FALL PRIMARY ELECTION
44 AND THE GENERAL ELECTION IN ANY YEAR TO APPLY FOR BALLOTS FOR BOTH SUCH
45 ELECTIONS IN SUCH YEAR. A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT SHALL
46 BE SENT AN ABSENTEE BALLOT FOR ANY SPECIAL ELECTION OR WINTER PRIMARY
47 THAT OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLICATION.
48 D. An applicant whose ability to appear personally at the polling
49 place of the district of which he or she is a qualified voter is
50 substantially impaired by reason of permanent illness or physical disa-
51 bility and whose registration record has been marked "permanently disa-
52 bled" by the board of elections pursuant to the provisions of the
53 election law shall be entitled to receive an absentee ballot pursuant to
54 the provisions of this section without making separate application for
55 such absentee ballot, and the secretary of the fire district, upon being
56 advised by the board of elections on or with the list of registered
A. 2585--B 4
1 voters that the registration record of a voter is marked "permanently
2 disabled", shall send an absentee ballot to such voter at his or her
3 last known address by first class mail with a request to the postal
4 authorities not to forward same but to return same in five days in the
5 event that it cannot be delivered to the addressee. The election
6 inspectors of the fire district shall make an appropriate entry on the
7 registration record indicating the fact that an absentee ballot has been
8 sent and the date of mailing.
9 E. AN APPLICATION MUST BE RECEIVED BY THE DISTRICT SECRETARY NO EARLI-
10 ER THAN THE THIRTIETH DAY BEFORE THE ELECTION FOR WHICH AN ABSENTEE
11 BALLOT IS SOUGHT. IF THE APPLICATION REQUESTS THAT THE ABSENTEE BALLOT
12 BE MAILED, SUCH APPLICATION MUST BE RECEIVED NOT LATER THAN SEVEN DAYS
13 BEFORE THE ELECTION. IF THE APPLICANT OR HIS OR HER AGENT DELIVERS THE
14 APPLICATION TO THE DISTRICT SECRETARY IN PERSON, SUCH APPLICATION MUST
15 BE RECEIVED NOT LATER THAN THE DAY BEFORE THE ELECTION. THE DISTRICT
16 SECRETARY SHALL EXAMINE EACH APPLICATION AND SHALL DETERMINE FROM THE
17 INFORMATION CONTAINED THEREIN WHETHER THE APPLICANT IS QUALIFIED UNDER
18 THIS SECTION TO RECEIVE AN ABSENTEE BALLOT.
19 F. NO LATER THAN SIX DAYS BEFORE THE ELECTION FOR WHICH AN APPLICATION
20 HAS BEEN RECEIVED AND FOR WHICH THE DISTRICT SECRETARY HAS DETERMINED
21 THE APPLICANT TO BE QUALIFIED TO VOTE BY ABSENTEE BALLOT THE DISTRICT
22 SECRETARY SHALL MAIL, BY REGULAR MAIL, AN ABSENTEE BALLOT TO EACH QUALI-
23 FIED APPLICANT WHO HAS APPLIED BEFORE SUCH DAY AND WHO HAS REQUESTED
24 THAT SUCH ABSENTEE BALLOT BE MAILED TO HIM OR HER AT THE ADDRESS SET
25 FORTH IN HIS OR HER APPLICATION. IF THE APPLICANT OR HIS OR HER AGENT
26 DELIVERS THE APPLICATION TO THE DISTRICT SECRETARY IN PERSON AFTER THE
27 SEVENTH DAY BEFORE THE ELECTION AND NOT LATER THAN THE DAY BEFORE THE
28 ELECTION, THE DISTRICT SECRETARY SHALL FORTHWITH DELIVER SUCH ABSENTEE
29 BALLOTS FOR THOSE APPLICANTS WHOM HE OR SHE DETERMINES ARE QUALIFIED TO
30 MAKE SUCH APPLICATIONS AND TO RECEIVE SUCH BALLOTS TO SUCH APPLICANTS OR
31 THE AGENTS NAMED IN THE APPLICATIONS WHEN SUCH APPLICANTS OR AGENTS
32 APPEAR IN THE DISTRICT SECRETARY'S OFFICE.
33 S 2. This act shall take effect on the first of January next succeed-
34 ing the date on which it shall have become a law.
