Bill Text: NY A05190 | 2009-2010 | General Assembly | Amended
Bill Title: Clarifies that individuals have the ability to vote by absentee ballot where their maximum sentence of imprisonment has expired.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-06-09 - held for consideration in election law [A05190 Detail]
Download: New_York-2009-A05190-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5190--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Election Law -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law and the town law, in relation to clar-
ifying that individuals have the ability to vote by absentee ballot
where their maximum sentence of imprisonment has expired
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph b of subdivision 5 of section 2018-a of the
2 education law, as amended by chapter 506 of the laws of 1991, is amended
3 to read as follows:
4 b. On the reverse side of such envelope shall be printed the following
5 statement:
6 STATEMENT OF ABSENTEE VOTER
7 I do declare that I am a citizen of the United States, and will be at
8 least eighteen years of age, on the date of the school district
9 election; that I will have been a resident of this state and of the
10 school district and school election district, if any, shown on the
11 reverse side of this envelope for thirty days next preceding the said
12 election and duly registered in the school district and school election
13 district, if any, shown on the reverse side of this envelope and that I
14 am or on such date will be, a qualified voter of said school district;
15 that I will be unable to appear personally on the day of said school
16 district election at the polling place of the said district in which I
17 am or will be a qualified voter because of the reason stated on my
18 application heretofore submitted; that I have not qualified, or do I
19 intend to vote, elsewhere than as set forth on the reverse side of this
20 envelope; that I have not received or offered, do not expect to receive,
21 have not paid, offered or promised to pay, contributed, offered or prom-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07941-03-9
A. 5190--A 2
1 ised to contribute to another to be paid or used, any money or other
2 valuable thing, as a compensation or reward for the giving or withhold-
3 ing of a vote at this school district election, and have not made any
4 promise to influence the giving or withholding of any such votes; that I
5 have not made or become directly or indirectly interested in any bet or
6 wager depending upon the result of this school district election; and
7 that I have not been convicted of bribery or any infamous crime, or, if
8 so convicted, that I have been pardoned or restored to all the rights of
9 a citizen, without restriction as to the right of suffrage, or received
10 A CERTIFICATE OF RELIEF FROM DISABILITIES OR a certificate of good
11 conduct [granted by the board of parole] pursuant to the provisions of
12 [the executive] ARTICLE 23 OF THE CORRECTION law removing my disability
13 to register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED
14 OR I HAVE BEEN DISCHARGED FROM PAROLE.
15 I hereby declare that the foregoing is a true statement to the best of
16 my knowledge and belief, and I understand that if I make any material
17 false statement in the foregoing statement of absentee voter, I shall be
18 guilty of a misdemeanor.
19 Date.....................Signature of Voter ............................
20 S 2. Paragraph b of subdivision 6 of section 2018-b of the education
21 law, as amended by chapter 46 of the laws of 1992, is amended to read as
22 follows:
23 b. On the reverse side of such envelope shall be printed the following
24 statement:
25 STATEMENT OF ABSENTEE VOTER
26 I do declare that I am a citizen of the United States, and will be at
27 least eighteen years of age on the date of the school district election;
28 that I will have been a resident of this state and of the school
29 district and school election district, if any, shown on the reverse side
30 of this envelope for thirty days next preceding the said election and
31 that I am or on such date will be, a qualified voter of said school
32 district; that I will be unable to appear personally on the day of said
33 school district election at the polling place of the said district in
34 which I am or will be a qualified voter because of the reason stated on
35 my application heretofore submitted; that I have not qualified, or do I
36 intend to vote, elsewhere than as set forth on the reverse side of this
37 envelope; that I have not received or offered, do not expect to receive,
38 have not paid, offered or promised to pay, contributed, offered or prom-
39 ised to contribute to another to be paid or used, any money or other
40 valuable thing, as a compensation or reward for the giving or withhold-
41 ing of a vote at this school district election, and have not made any
42 promise to influence the giving or withholding of any such votes; that I
43 have not made or become directly or indirectly interested in any bet or
44 wager depending upon the result of this school district election; and
45 that I have not been convicted of bribery [of] OR any infamous crime,
46 or, if so convicted, that I have been pardoned or restored to all the
47 rights of a citizen, without restriction as to the right of suffrage, or
48 have received A CERTIFICATE OF RELIEF FROM DISABILITIES OR a certificate
49 of good conduct [granted by the board of parole] pursuant to the
50 provisions of [the executive] ARTICLE 23 OF THE CORRECTION law removing
51 my disability to vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED
52 OR I HAVE BEEN DISCHARGED FROM PAROLE.
A. 5190--A 3
1 I hereby declare that the foregoing is a true statement to the best of
2 my knowledge and belief, and I understand that if I make any material
3 false statement in the foregoing statement of absentee voter, I shall be
4 guilty of a misdemeanor.
5 Date....................Signature of Voter .............................
6 S 3. Paragraph b of subdivision 5 of section 84-a of the town law, as
7 amended by chapter 281 of the laws of 1998, is amended to read as
8 follows:
9 b. On the reverse side of such envelope shall be printed the follow-
10 ing statement:
11 STATEMENT OF ABSENTEE VOTER
12 I do declare that I will have been a citizen of the United States for
13 thirty days, and will be at least eighteen years of age, on the date of
14 the special town election; that I will have been a resident of this
15 state and of the town shown on the reverse side of this envelope for
16 thirty days next preceding the said election; that I am or on such date
17 will be, a registered voter of said town; that I will be unable to
18 appear personally on the day of said special town election at the poll-
19 ing place of the election district in which I am or will be a qualified
20 voter because of the reason stated on my application heretofore submit-
21 ted; that I have not qualified, or do I intend to vote, elsewhere than
22 as set forth on the reverse side of this envelope; that I have not
23 received or offered, do not expect to receive, have not paid, offered or
24 promised to pay, contributed, offered or promised to contribute to
25 another to be paid or used, any money or other valuable thing, as a
26 compensation or reward for the giving or withholding of a vote at this
27 special town election, and have not made any promise to influence the
28 giving or withholding of any such votes; that I have not made or become
29 directly or indirectly interested in any bet or wager depending upon the
30 result of this special town election; and that I have not been convicted
31 of bribery or any infamous crime, or, if so convicted, that I have been
32 pardoned or restored to all the rights of a citizen, without restriction
33 as to the right of suffrage, or received A CERTIFICATE OF RELIEF FROM
34 DISABILITIES OR a certificate of good conduct [granted by the board of
35 parole] pursuant to the provisions of [the executive] ARTICLE 23 OF THE
36 CORRECTION law removing my disability to register and vote OR MY MAXIMUM
37 SENTENCE OF IMPRISONMENT HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM
38 PAROLE.
39 I hereby declare that the foregoing is a true statement to the best of
40 my knowledge and belief, and I understand that if I make any material
41 false statement in the foregoing statement of absentee voter, I shall be
42 guilty of a misdemeanor.
43 Date.............. Signature of Voter..................
44 S 4. Paragraph b of subdivision 5 of section 175-b of the town law, as
45 amended by chapter 401 of the laws of 1996, is amended to read as
46 follows:
47 b. On the reverse side of such envelope shall be printed the follow-
48 ing statement:
49 STATEMENT OF ABSENTEE VOTER
50 I do declare that I will have been a citizen of the United States for
51 thirty days, and will be at least eighteen years of age, on the date of
52 the district election; that I will have been a resident of this state
53 and of the district if any, shown on the reverse side of this envelope
54 for thirty days next preceding the said election and that I am or on
A. 5190--A 4
1 such date will be, a registered voter of said district; that I will be
2 unable to appear personally on the day of said district election at the
3 polling place of the said district in which I am or will be a qualified
4 voter because of the reason stated on my application heretofore submit-
5 ted; that I have not qualified, or do I intend to vote, elsewhere than
6 as set forth on the reverse side of this envelope; that I have not
7 received or offered, do not expect to receive, have not paid, offered or
8 promised to pay, contributed, offered or promised to contribute to
9 another to be paid or used, any money or other valuable thing, as a
10 compensation or reward for the giving or withholding of a vote at this
11 district election, and have not made any promise to influence the giving
12 or withholding of any such votes; that I have not made or become direct-
13 ly or indirectly interested in any bet or wager depending upon the
14 result of this district election; and that I have not been convicted of
15 bribery or any infamous crime, or, if so convicted, that I have been
16 pardoned or restored to all the rights of a citizen, without restriction
17 as to the right of suffrage, or received A CERTIFICATE OF RELIEF FROM
18 DISABILITIES OR a certificate of good conduct [granted by the board of
19 parole] pursuant to the provisions of [the executive] ARTICLE 23 OF THE
20 CORRECTION law removing my disability to register and vote OR MY MAXIMUM
21 SENTENCE OF IMPRISONMENT HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM
22 PAROLE.
23 I hereby declare that the foregoing is a true statement to the best of
24 my knowledge and belief, and I understand that if I make any material
25 false statement in the foregoing statement of absentee voter, I shall be
26 guilty of a misdemeanor.
27 Date..............Signature of Voter..................
28 S 5. Paragraph b of subdivision 5 of section 213-b of the town law, as
29 added by chapter 400 of the laws of 1985, is amended to read as follows:
30 b. On the reverse side of such envelope shall be printed the follow-
31 ing statement:
32 STATEMENT OF ABSENTEE VOTER
33 I do declare that I will have been a citizen of the United States for
34 thirty days, and will be at least eighteen years of age, on the date of
35 the district election; that I will have been a resident of this state
36 and of the district if any, shown on the reverse side of this envelope
37 for thirty days next preceding the said election and that I am or on
38 such date will be, a registered voter of said district; that I will be
39 unable to appear personally on the day of said district election at the
40 polling place of the said district in which I am or will be a qualified
41 voter because of the reason stated on my application heretofore submit-
42 ted; that I have not qualified, or do I intend to vote, elsewhere than
43 as set forth on the reverse side of this envelope; that I have not
44 received or offered, do not expect to receive, have not paid, offered or
45 promised to pay, contributed, offered or promised to contribute to
46 another to be paid or used, any money or other valuable thing, as a
47 compensation or reward for the giving or withholding of a vote at this
48 district election, and have not made any promise to influence the giving
49 or withholding of any such votes; that I have not made or become direct-
50 ly or indirectly interested in any bet or wager depending upon the
51 result of this district election; and that I have not been convicted of
52 bribery or any infamous crime, or, if so convicted, that I have been
53 pardoned or restored to all the rights of a citizen, without restriction
54 as to the right of suffrage, or received A CERTIFICATE OF RELIEF FROM
55 DISABILITIES OR a certificate of good conduct [granted by the board of
A. 5190--A 5
1 parole] pursuant to the provisions of [the executive] ARTICLE 23 OF THE
2 CORRECTION law removing my disability to register and vote OR MY MAXIMUM
3 SENTENCE OF IMPRISONMENT HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM
4 PAROLE.
5 I hereby declare that the foregoing is a true statement to the best of
6 my knowledge and belief, and I understand that if I make any material
7 false statement in the foregoing statement of absentee voter, I shall be
8 guilty of a misdemeanor.
9 Date............. Signature of Voter ..............................
10 S 6. This act shall take effect immediately.
