Bill Text: NY S00699 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-09 - REFERRED TO ELECTIONS [S00699 Detail]

Download: New_York-2019-S00699-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           699
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        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:
     1    Section 1. Subdivisions 1, 2, 3 and 4 of section 8-400 of the election
     2  law, subdivisions 1, 3 and 4 as amended by chapter 63  of  the  laws  of
     3  2010, paragraph (c) of subdivision 1 and subparagraph (iii) of paragraph
     4  (c)  of subdivision 3 as amended by chapter 375 of the laws of 2015, the
     5  opening paragraph of subdivision 2 as amended by chapter 216 of the laws
     6  of 1988, paragraph (a) of subdivision 2 as amended by chapter 263 of the
     7  laws of 1991, paragraph (c) of subdivision 2 as amended by  chapter  321
     8  of  the  laws  of 1988, and paragraph (d) of subdivision 2 as separately
     9  amended by chapters 97 and 104 of the laws of 2010, are amended to  read
    10  as follows:
    11    1. [A qualified voter may vote as an absentee voter under this chapter
    12  if,  on the occurrence of any village election conducted by the board of
    13  elections, primary election, special election, general election  or  New
    14  York  city  community  school  board  district or city of Buffalo school
    15  district election, he or she expects to be:
    16    (a) absent from the county of his or her residence, or, if a  resident
    17  of the city of New York absent from said city; or
    18    (b)  unable  to appear personally at the polling place of the election
    19  district in which he or she is a qualified voter because of  illness  or
    20  physical disability or duties related to the primary care of one or more
    21  individuals  who  are  ill  or physically disabled, or because he or she
    22  will be or is a patient in a hospital; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04569-01-9

        S. 699                              2

     1    (c) a resident or patient of a veterans health  administration  hospi-
     2  tal; or
     3    (d)  absent  from  his  or  her  voting residence because he or she is
     4  detained in jail awaiting action by a grand jury or awaiting  trial,  or
     5  confined  in jail or prison after a conviction for an offense other than
     6  a felony, provided that he or she is qualified to vote in  the  election
     7  district  of his or her residence.] Any person who is registered to vote
     8  and deemed a qualified voter may vote by absentee ballot.
     9    2. A qualified voter desiring to vote at such election as an  absentee
    10  voter  [for  any  reason  specified in subdivision one hereof] must make
    11  application for an absentee ballot on a form to be obtained and filed as
    12  provided herein or by letter as provided in paragraph (d) of this subdi-
    13  vision.
    14    (a) Application forms shall be furnished by and may be  obtained  from
    15  any  board  of elections at any time until the day before such election.
    16  Application forms shall also be supplied by the board of  inspectors  of
    17  the  election district in which applicant is a qualified voter on all of
    18  the days provided for local registration. In addition, application forms
    19  shall be supplied upon the request of  the  person  authorized  to  vote
    20  pursuant  to  this section, any such person's spouse, parent or child, a
    21  person residing with the applicant as a member of his household, or  the
    22  applicant's duly authorized agent. Application forms sent outside of the
    23  United  States  to  a country other than Canada or Mexico, shall be sent
    24  airmail.  Any  reference  to  "board  of  elections"  in  the  remaining
    25  provisions  of  this  section, except with respect to the furnishing and
    26  obtaining of applications for absentee ballots, means only the board  of
    27  elections  of  the  county or city in which the applicant is a qualified
    28  voter.
    29    (b) Applications may be filed either with the board of elections or in
    30  person with the board of inspectors of the election  district  in  which
    31  the  applicant  is  a  qualified  voter, on one of the days provided for
    32  local registration.
    33    (c) All applications must be mailed to  the  board  of  elections  not
    34  later  than  the  seventh  day before the election for which a ballot is
    35  first requested or delivered to  such  board  not  later  than  the  day
    36  [before] of such election.
    37    (d)  The  board  of  elections  shall mail an absentee ballot to every
    38  qualified voter otherwise eligible for such a ballot, who requests  such
    39  an  absentee ballot from such board of elections in writing in a letter,
    40  telefax indicating the address, phone number and the telefax number from
    41  which the writing is sent or other written instrument, which  is  signed
    42  by the voter and received by the board of elections not earlier than the
    43  thirtieth  day  nor  later  than the seventh day before the election for
    44  which the ballot is first requested and which states the  address  where
    45  the  voter  is  registered  and the address to which the ballot is to be
    46  mailed; provided, however, a  military  voter  may  request  a  military
    47  ballot  or voter registration application or an absentee ballot applica-
    48  tion in a letter as provided in subdivision three of section  10-106  of
    49  this  chapter; and provided further, a special federal voter may request
    50  a special federal ballot or voter registration application or an  absen-
    51  tee  ballot application in a letter as provided in paragraph d of subdi-
    52  vision one of section 11-202 of this chapter.  The  board  of  elections
    53  shall enclose with such ballot a form of application for absentee ballot
    54  if the applicant is registered with such board of elections.
    55    3.  The  application for an absentee ballot when filed must contain in
    56  each instance the following information:

        S. 699                              3
     1    (a) Applicant's full name,  date  of  birth,  and  residence  address,
     2  including  the  street and number, if any, rural delivery route, if any,
     3  mailing address if different from the residence address and his  or  her
     4  town or city and an address to which the ballot shall be mailed.
     5    (b)  A  statement  that  the  applicant  is a qualified and registered
     6  voter.
     7    (c) [A statement, as appropriate, that on the day of such election the
     8  applicant expects in good faith to be in one of  the  following  catego-
     9  ries:
    10    (i)  absent  from the county of his or her residence, or if a resident
    11  of the city of New York absent from said city; provided, however, if the
    12  applicant expects to be absent from such county or city for  a  duration
    13  covering  more  than  one election and seeks an absentee ballot for each
    14  election, he or she shall state the dates when  he  or  she  expects  to
    15  begin and end such absence; or
    16    (ii)  unable  to appear at a polling place because of illness or phys-
    17  ical disability or duties related to the primary care  of  one  or  more
    18  individuals who are ill or physically disabled; or
    19    (iii) a resident or patient of a veterans health administration hospi-
    20  tal; or
    21    (iv)  detained  in  jail  awaiting  action by a grand jury or awaiting
    22  trial or confined in jail or prison after a conviction  for  an  offense
    23  other than a felony and stating the place where he or she is so detained
    24  or confined.
    25    (d)]  Such  application  shall  permit  the  applicant to apply for an
    26  absentee ballot for either a primary election or the general election in
    27  any year [and for those persons who will  be  continuously  absent  from
    28  their  county  of  residence  during the period between the fall primary
    29  election and the general election in any year to apply for  ballots  for
    30  both  such  elections in such year]. A voter who applies for an absentee
    31  ballot shall be sent an absentee ballot  for  any  special  election  or
    32  winter  primary  that occurs during the period [of absence] specified in
    33  the application.
    34    [4. A voter who claims permanent illness or  physical  disability  may
    35  make  application  for  an  absentee  ballot and the right to receive an
    36  absentee ballot for each election thereafter as provided herein  without
    37  further  application,  by filing with the board of elections an applica-
    38  tion which shall contain a statement to be executed by the  voter.  Upon
    39  filing of such application the board of elections shall cause the regis-
    40  tration  records  of  the  voter to be marked "Permanently Disabled" and
    41  thereafter shall send an absentee ballot for  each  succeeding  primary,
    42  special  or  general  election  to  such  voter at his or her last known
    43  address by first class mail with a request to the postal authorities not
    44  to forward such ballot but to return it in five days in the  event  that
    45  it  cannot be delivered to the addressee. The mailing of such ballot for
    46  each  election  shall  continue  until  such  voter's  registration   is
    47  cancelled.]
    48    §  2. Article 8 of the election law is amended by adding a new title 6
    49  to read as follows:
    50                                  TITLE VI
    51                            RIGHT TO A FINAL VOTE
    52  Section 8-600. Right to a final vote.
    53    § 8-600. Right to a final vote. Before his or her vote is  counted  in
    54  an  election  any  voter who has voted by absentee ballot or other early
    55  voting procedure shall have the right to cast a ballot on  election  day
    56  that would negate such earlier vote.

        S. 699                              4
     1    §  3.  This  act  shall  take  effect on the same date and in the same
     2  manner as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY  proposing
     3  an  amendment to section 2 of article 2 of the constitution, in relation
     4  to absentee voting" takes effect, in accordance with section 1 of  arti-
     5  cle 19 of the constitution.
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