Bill Text: NY A04782 | 2013-2014 | General Assembly | Introduced
Bill Title: Extends the right to vote in local elections to alien residents who have earned permanent legal status in this country and have been residents of this state for at least three years and who have filed an application for citizenship and are awaiting processing thereof; limits application to the city of New York and municipalities approving legislation providing such rights to vote.
Sponsorship: Partisan Bill (Democrat 5)
Status: (Introduced - Dead) 2014-06-03 - held for consideration in election law [A04782 Detail]
Download: New_York-2013-A04782-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4782
2013-2014 Regular Sessions
I N A S S E M B L Y
February 8, 2013
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Introduced by M. of A. PERRY, KAVANAGH -- Multi-Sponsored by -- M. of A.
CLARK, V. LOPEZ, RIVERA, WRIGHT -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to granting certain resi-
dent aliens the right to vote in local elections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The election law is amended by adding a new section 5-108
2 to read as follows:
3 S 5-108. QUALIFICATION OF SPECIAL LOCAL VOTERS. 1. ANY PERSON WHO IS
4 A RESIDENT ALIEN, WHO HAS EARNED PERMANENT LEGAL STATUS IN THE UNITED
5 STATES FOR AT LEAST THREE YEARS, AND WHO HAS BEEN A RESIDENT OF THIS
6 STATE FOR AT LEAST THREE YEARS MAY REGISTER AS A SPECIAL LOCAL VOTER AND
7 SHALL BE ENTITLED TO VOTE IN LOCAL ELECTIONS, PROVIDED, HOWEVER, THAT NO
8 PERSON WHO THOUGH ELIGIBLE, HAS NOT FILED AN APPLICATION FOR CITIZENSHIP
9 IN THE UNITED STATES SHALL BE DEEMED ELIGIBLE UNDER THIS SECTION. FOR
10 PURPOSES OF THIS SECTION, THE TERM "LOCAL ELECTION" SHALL MEAN A GENER-
11 AL, SPECIAL OR PRIMARY ELECTION FOR AN OFFICIAL OTHER THAN PRESIDENT AND
12 VICE PRESIDENT OF THE UNITED STATES, UNITED STATES SENATE, HOUSE OF
13 REPRESENTATIVES, GOVERNOR AND LIEUTENANT GOVERNOR, COMPTROLLER OR ATTOR-
14 NEY GENERAL.
15 2. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO ELECTIONS
16 CONDUCTED (A) WITHIN THE CITY OF NEW YORK; AND (B) WITHIN ANY OTHER
17 POLITICAL SUBDIVISION OF THIS STATE WHERE A LOCAL LAW, ORDINANCE OR
18 RESOLUTION, PERMITTING ELECTIONS TO BE CONDUCTED THEREIN PURSUANT TO THE
19 PROVISIONS OF THIS SECTION HAS BEEN DULY ENACTED OR ADOPTED.
20 3. A PERSON WHO, PURSUANT TO THE PROVISIONS OF THIS SECTION, IS QUALI-
21 FIED MAY REGISTER WITH THE BOARD OF ELECTIONS OF HIS COUNTY OF RESI-
22 DENCE AND VOTE IN A LOCAL ELECTION.
23 4. THE FORM FOR REGISTRATION APPLICATION, POLL LEDGERS, AND COMPUTER
24 GENERATED REGISTRATION LISTS TO IDENTIFY SPECIAL LOCAL VOTERS SHALL BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00055-01-3
A. 4782 2
1 OF A DISTINCTIVE COLOR AND IN THE FORM PRESCRIBED BY THE STATE BOARD OF
2 ELECTIONS. A FORM OF APPLICATION FOR REGISTRATION UNDER THIS SECTION
3 SHALL BE FURNISHED BY THE BOARD OF ELECTIONS TO THE APPLICANT WHO SHALL
4 REQUEST SUCH FORM WITHIN THE TIME PRESCRIBED FOR REGISTRATION AS OTHER-
5 WISE PROVIDED FOR IN THIS CHAPTER.
6 5. UPON RECEIPT OF THE APPLICATION, THE BOARD OF ELECTIONS SHALL
7 DETERMINE UPON SUCH INQUIRY AS IT DEEMS PROPER WHETHER THE APPLICANT HAS
8 ANSWERED ALL THE QUESTIONS CONTAINED IN THE APPLICATION AND WHETHER THE
9 APPLICANT IS LEGALLY QUALIFIED TO REGISTER AND VOTE AS A SPECIAL LOCAL
10 VOTER, AND, IF IT FINDS HE OR SHE IS NOT SO QUALIFIED, SHALL REJECT THE
11 APPLICATION AND SHALL NOTIFY THE APPLICANT OF SUCH REJECTION AND GIVE
12 THE REASON OR REASONS THEREFOR. ALL INVESTIGATIONS BY THE BOARD OF
13 ELECTIONS SHALL BE CONCLUDED AND ALL DETERMINATIONS MADE NOT LATER THAN
14 THE SIXTH DAY BEFORE ELECTION. IF THE BOARD OF ELECTIONS SHALL DETER-
15 MINE THAT THE APPLICANT MAKING THE APPLICATION PROVIDED FOR IN THIS
16 SECTION IS QUALIFIED TO REGISTER AND VOTE AS A SPECIAL LOCAL VOTER, IT
17 SHALL, AS SOON AS PRACTICABLE AFTER IT SHALL HAVE SO DETERMINED, MAIL TO
18 HIM AT THE RESIDENCE ADDRESS SHOWN IN HIS OR HER APPLICATION, A NOTICE
19 THAT HE OR SHE IS SO QUALIFIED.
20 6. THE BOARD OF ELECTIONS SHALL KEEP A REGISTER OF THE PERSONS WHO
21 HAVE MADE AND SIGNED APPLICATIONS TO REGISTER AND VOTE AS A SPECIAL
22 LOCAL VOTER AND OF THE APPLICANTS WHO HAVE BEEN DETERMINED TO BE QUALI-
23 FIED. THE BOARD SHALL KEEP OPEN TO PUBLIC INSPECTION SUCH REGISTER OF
24 APPLICANTS WITH THEIR NAMES, ADDRESSES AND APPLICATION DATES AND SHALL
25 GIVE TO THE CHAIR OF EACH POLITICAL PARTY IN THE COUNTY A COMPLETE LIST
26 OF APPLICANTS TO REGISTER AS A SPECIAL LOCAL VOTER, CONTAINING THEIR
27 NAMES AND PLACES OF RESIDENCE, INCLUDING THE ELECTION DISTRICT AND WARD,
28 IF ANY, AND, IN THE CITY OF NEW YORK AND THE COUNTY OF NASSAU, THE
29 ASSEMBLY DISTRICT.
30 7. VOTING MACHINES SHALL BE SO EQUIPPED TO ACCOMMODATE THOSE PERSONS
31 AUTHORIZED TO VOTE PURSUANT TO THE PROVISIONS OF THIS SECTION AND SUCH
32 MACHINES SHALL BE ADJUSTED TO ACCEPT THE VOTES OF A SPECIAL LOCAL VOTER.
33 8. THE GENERAL PROVISIONS OF THIS CHAPTER APPLICABLE TO REGISTRATION
34 AND VOTING SHALL APPLY EXCEPT AS THEY ARE INCONSISTENT WITH THIS
35 SECTION, AND THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED LIBERALLY
36 FOR THE PURPOSES HEREIN EXPRESSED OR INTENDED.
37 S 2. This act shall take effect immediately.
