Bill Text: NY S03047 | 2017-2018 | General Assembly | Introduced

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Bill Title: Sets forth provisions for absentee ballots for fire district elections and improvement district elections.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO LOCAL GOVERNMENT [S03047 Detail]

Download: New_York-2017-S03047-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3047
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 19, 2017
                                       ___________
        Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        AN ACT to amend the town law, in relation to absentee ballots  for  fire
          district elections and improvement district elections
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 of section 175-b of the town law, as  amended
     2  by chapter 401 of the laws of 1996, is amended to read as follows:
     3    2. a. [An applicant for such an absentee ballot shall submit an appli-
     4  cation  setting forth (1) his or her name and residence address, includ-
     5  ing the street and number, if any, or town and rural delivery route,  if
     6  any;  (2)  that  he  or she is or will be, on the day of the election, a
     7  qualified voter of the district in which he or she resides in that he or
     8  she is or will be, on such date, over eighteen years of age,  a  citizen
     9  of  the  United  States and has or will have resided in the district for
    10  thirty days next preceding such date; (3) that he or she  is  registered
    11  in  the  town;  (4)  that  he or she will be unable to appear to vote in
    12  person on the day of the election  for  which  the  absentee  ballot  is
    13  requested  because he or she is, or will be on such day (a) a patient in
    14  a hospital, or unable to appear personally at the polling place on  such
    15  day  because  of illness or physical disability or (b) because of his or
    16  her duties, occupation or business will require him or her to be outside
    17  of the county of his or her residence on such day, (c) because he or she
    18  will be on vacation outside the county of his or her residence  on  such
    19  day;  or,  (d) absent from his or her voting residence because he or she
    20  is detained in jail awaiting action by a grand jury or awaiting trial or
    21  is confined in prison after conviction for an offense other than a felo-
    22  ny.  Such application must be received  by  the  district  secretary  at
    23  least  seven  days  before the election if the ballot is to be mailed to
    24  the voter, or the day before the election, if the ballot is to be deliv-
    25  ered personally to the voter or his or her agent.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00664-01-7
        S. 3047                             2

     1    b.  (1)   Where such duties, occupation or  business  are  of  such  a
     2  nature  as  ordinarily  to  require such absence, a brief description of
     3  such duties, occupation or business shall be set forth in  such  affida-
     4  vit.    (2)  Where such duties, occupation or business are not of such a
     5  nature  as  ordinarily  to  require such absence, such application shall
     6  contain a statement of the special circumstances  on  account  of  which
     7  such absence is required.
     8    c.   Where the applicant expects in good faith to be absent on the day
     9  of the election because he or she will be on vacation elsewhere on  such
    10  day,  such application shall also contain the dates upon which he or she
    11  expects to begin and end such vacation, the place or places where he  or
    12  she  expects  to be on such vacation, the name and address of his or her
    13  employer, if any, and if self-employed, a statement to that effect.
    14    d. Where the absence is because of detention or confinement  to  jail,
    15  such affidavit shall state whether the voter is detained awaiting action
    16  of  the  grand jury or is confined after conviction for an offense other
    17  than a felony.
    18    e.  Where a person is or would be, if  he  or  she  were  a  qualified
    19  voter,  entitled to apply for the right to vote by absentee ballot under
    20  the provisions of this section, his or her spouse, parent or child, if a
    21  qualified voter and a resident of the same district, shall  be  entitled
    22  to  vote  as  an  absentee  voter  upon personally making and signing an
    23  application in accordance with the preceding provisions of this subdivi-
    24  sion and showing that he or she expects to be absent from  the  district
    25  on  the  day of the district election by reason of accompanying or being
    26  with the spouse, child or parent who is or would be, if he or she were a
    27  qualified voter, so entitled to apply for the right to vote by  absentee
    28  ballot,  and,  in the event no application is made by such spouse, child
    29  or parent, such further information as the fire district shall require.
    30    f.] A qualified voter may vote as an absentee voter under this section
    31  if during all the hours of voting on the day of a fire district election
    32  he or she expects to be:
    33    (1) absent from the county of his or her residence; or
    34    (2) unable to appear at the polling place because of illness or  phys-
    35  ical  disability,  or  duties related to the primary care of one or more
    36  individuals who are ill or physically disabled, or  because  he  or  she
    37  will be or is a patient in a hospital; or
    38    (3) an inmate or patient of a veteran's administration hospital; or
    39    (4)  absent  from  his  or  her  voting residence because he or she is
    40  detained in jail awaiting action by a grand jury or awaiting  trial,  or
    41  confined  in jail or prison after a conviction for an offense other than
    42  a felony, provided that he or she is qualified to vote in  the  election
    43  district of his or her residence.
    44    b.  Each person entitled to vote as an absentee voter pursuant to this
    45  section and desirous of obtaining an absentee ballot shall make  written
    46  application  therefor  to  the district secretary. Application forms for
    47  use pursuant to this section shall be in a form prescribed by the  state
    48  board  of  elections.  The  use  of  any  application which is on a form
    49  prescribed by the state board of elections  shall  be  acceptable.  Such
    50  application  shall  include  the following statement to be signed by the
    51  voter.
    52    I hereby declare that the foregoing is a true statement to the best of
    53  my knowledge and belief, and I understand that if I  make  any  material
    54  false  statement  in the foregoing statement of application for absentee
    55  ballots, I shall be guilty of a misdemeanor.
    56  Date.....................Signature of Voter.............
        S. 3047                             3
     1    [g.] c. The application for an absentee ballot when filed must contain
     2  in each instance the following information:
     3    (1)  Applicant's  full  name,  date  of  birth, and residence address,
     4  including the street and number, if any, rural delivery route,  if  any,
     5  mailing  address  if different from the residence address and an address
     6  to which the ballot shall be mailed.
     7    (2) A statement that the  applicant  is  a  qualified  and  registered
     8  voter.
     9    (3)  A statement, as appropriate, that on the day of such election the
    10  applicant expects in good faith to be in one of  the  following  catego-
    11  ries:
    12    (a) absent from the county of his or her residence; provided, however,
    13  if  the  applicant  expects to be absent from such county for a duration
    14  covering more than one election and seeks an absentee  ballot  for  each
    15  election,  he  or  she  shall  state the dates when he or she expects to
    16  begin and end such absence; or
    17    (b) unable to appear at a polling place because of illness or physical
    18  disability or duties related to the primary care of one or more individ-
    19  uals who are ill or physically disabled; or
    20    (c) an inmate or patient of a veteran's administration hospital; or
    21    (d) detained in jail awaiting action by a grand jury or awaiting trial
    22  or confined in jail or prison after a conviction for  an  offense  other
    23  than  a  felony  and stating the place where he or she is so detained or
    24  confined.
    25    (4) Such application shall permit the applicant to apply for an absen-
    26  tee ballot in any year.   A voter who applies  for  an  absentee  ballot
    27  shall  be  sent  an  absentee ballot for any fire district election that
    28  occurs during the period of absence specified in the application.
    29    d. An applicant whose ability to  appear  personally  at  the  polling
    30  place  of  the  district  of  which  he  or  she is a qualified voter is
    31  substantially impaired by reason of permanent illness or physical  disa-
    32  bility  and whose registration record has been marked "permanently disa-
    33  bled" by the board of  elections  pursuant  to  the  provisions  of  the
    34  election law shall be entitled to receive an absentee ballot pursuant to
    35  the  provisions  of this section without making separate application for
    36  such absentee ballot, and the secretary of the fire district, upon being
    37  advised by the board of elections on or  with  the  list  of  registered
    38  voters  that  the  registration record of a voter is marked "permanently
    39  disabled", shall send an absentee ballot to such voter  at  his  or  her
    40  last  known  address  by  first  class mail with a request to the postal
    41  authorities not to forward same but to return same in five days  in  the
    42  event  that  it  cannot  be  delivered  to the addressee.   The election
    43  inspectors of the fire district shall make an appropriate entry  on  the
    44  registration record indicating the fact that an absentee ballot has been
    45  sent and the date of mailing.
    46    e. An application must be received by the district secretary no earli-
    47  er  than  the  thirtieth  day  before the election for which an absentee
    48  ballot is sought. If the application requests that the  absentee  ballot
    49  be  mailed,  such application must be received not later than seven days
    50  before the election. If the applicant or his or her agent  delivers  the
    51  application  to  the district secretary in person, such application must
    52  be received not later than the day before  the  election.  The  district
    53  secretary  shall  examine  each application and shall determine from the
    54  information contained therein whether the applicant is  qualified  under
    55  this section to receive an absentee ballot.
        S. 3047                             4
     1    f. No later than six days before the election for which an application
     2  has  been  received  and for which the district secretary has determined
     3  the applicant to be qualified to vote by absentee  ballot  the  district
     4  secretary shall mail, by regular mail, an absentee ballot to each quali-
     5  fied  applicant  who  has  applied before such day and who has requested
     6  that such absentee ballot be mailed to him or her  at  the  address  set
     7  forth  in  his  or her application. If the applicant or his or her agent
     8  delivers the application to the district secretary in person  after  the
     9  seventh  day  before  the election and not later than the day before the
    10  election, the district secretary shall forthwith deliver  such  absentee
    11  ballots  for those applicants whom he or she determines are qualified to
    12  make such applications and to receive such ballots to such applicants or
    13  the agents named in the applications  when  such  applicants  or  agents
    14  appear in the district secretary's office.
    15    § 2. Subdivision 2 of section 213-b of the town law, as added by chap-
    16  ter 400 of the laws of 1985, is amended to read as follows:
    17    2. a. [An applicant for such an absentee ballot shall submit an appli-
    18  cation  setting  forth (1) his name and residence address, including the
    19  street and number, if any, or town and rural delivery route, if any; (2)
    20  that he is or will be, on the day of the election, a qualified voter  of
    21  the district in which he resides in that he is or will be, on such date,
    22  over  eighteen  years  of age, a citizen of the United States and has or
    23  will have resided in the district for thirty days  next  preceding  such
    24  date;  (3) that he is registered in the town; (4) that he will be unable
    25  to appear to vote in person on the day of the  election  for  which  the
    26  absentee ballot is requested because he is, or will be on such day (a) a
    27  patient  in  a  hospital,  or unable to appear personally at the polling
    28  place on such day because of  illness  or  physical  disability  or  (b)
    29  because  his  duties,  occupation  or  business  will  require him to be
    30  outside of the county or city of his residence on such day, (c)  because
    31  he  will  be  on vacation outside the county or city of his residence on
    32  such day; or, (d)  absent  from  his  voting  residence  because  he  is
    33  detained in jail awaiting action by a grand jury or awaiting trial or is
    34  confined  in prison after conviction for an offense other than a felony.
    35  Such application must be received by the  district  secretary  at  least
    36  seven  days  before  the  election  if the ballot is to be mailed to the
    37  voter, or the day before the election, if the ballot is to be  delivered
    38  personally to the voter or his agent.
    39    b. (1)  Where such duties, occupation or business are of such a nature
    40  as  ordinarily  to  require  such  absence,  a brief description of such
    41  duties, occupation or business shall be set forth in such affidavit. (2)
    42  Where such duties, occupation or business are not of such  a  nature  as
    43  ordinarily  to  require  such  absence, such application shall contain a
    44  statement of the special circumstances on account of which such  absence
    45  is required.
    46    c.  Where  the applicant expects in good faith to be absent on the day
    47  of the election because he will be on vacation elsewhere  on  such  day,
    48  such  application  shall also contain the dates upon which he expects to
    49  begin and end such vacation, the place or places where he expects to  be
    50  on  such  vacation, the name and address of his employer, if any, and if
    51  self-employed, a statement to that effect.
    52    d. Where the absence is because of detention or confinement  to  jail,
    53  such affidavit shall state whether the voter is detained awaiting action
    54  of  the  grand jury or is confined after conviction for an offense other
    55  than a felony.
        S. 3047                             5

     1    e. Where a person is or would be, if he were a qualified voter,  enti-
     2  tled  to  apply  for  the  right  to  vote  by absentee ballot under the
     3  provisions of this section, his spouse, parent or child, if a  qualified
     4  voter  and a resident of the same district, shall be entitled to vote as
     5  an  absentee  voter upon personally making and signing an application in
     6  accordance with the preceding provisions of this subdivision and showing
     7  that he expects to be absent  from  the  district  on  the  day  of  the
     8  district  election  by  reason of accompanying or being with the spouse,
     9  child or parent who is or would be, if he were  a  qualified  voter,  so
    10  entitled  to apply for the right to vote by absentee ballot, and, in the
    11  event no application is made by  such  spouse,  child  or  parent,  such
    12  further information as the improvement district shall require.
    13    f.] A qualified voter may vote as an absentee voter under this section
    14  if  during all the hours of voting on the day of an improvement district
    15  election he or she expects to be:
    16    (1) absent from the county of his or her residence; or
    17    (2) unable to appear at the polling place because of illness or  phys-
    18  ical  disability,  or  duties related to the primary care of one or more
    19  individuals who are ill or physically disabled, or  because  he  or  she
    20  will be or is a patient in a hospital; or
    21    (3) an inmate or patient of a veteran's administration hospital; or
    22    (4)  absent  from  his  or  her  voting residence because he or she is
    23  detained in jail awaiting action by a grand jury or awaiting  trial,  or
    24  confined  in jail or prison after a conviction for an offense other than
    25  a felony, provided that he or she is qualified to vote in  the  election
    26  district of his or her residence.
    27    b.  Each person entitled to vote as an absentee voter pursuant to this
    28  section and desirous of obtaining an absentee ballot shall make  written
    29  application  therefor  to  the district secretary. Application forms for
    30  use pursuant to this section shall be in a form prescribed by the  state
    31  board  of  elections.  The  use  of  any  application which is on a form
    32  prescribed by the state board of elections  shall  be  acceptable.  Such
    33  application  shall  include  the following statement to be signed by the
    34  voter.
    35    I hereby declare that the foregoing is a true statement to the best of
    36  my knowledge and belief, and I understand that if I  make  any  material
    37  false  statement  in the foregoing statement of application for absentee
    38  ballots, I shall be guilty of a misdemeanor.
    39       Date ................... Signature of Voter .......................
    40    [g.] c.   The application for  an  absentee  ballot  when  filed  must
    41  contain in each instance the following information:
    42    (1)  Applicant's  full  name,  date  of  birth, and residence address,
    43  including the street and number, if any, rural delivery route,  if  any,
    44  mailing  address  if different from the residence address and an address
    45  to which the ballot shall be mailed.
    46    (2) A statement that the  applicant  is  a  qualified  and  registered
    47  voter.
    48    (3)  A statement, as appropriate, that on the day of such election the
    49  applicant expects in good faith to be in one of  the  following  catego-
    50  ries:
    51    (a) absent from the county of his or her residence; provided, however,
    52  if  the  applicant  expects to be absent from such county for a duration
    53  covering more than one election and seeks an absentee  ballot  for  each
    54  election,  he  or  she  shall  state the dates when he or she expects to
    55  begin and end such absence; or
        S. 3047                             6
     1    (b) unable to appear at a polling place because of illness or physical
     2  disability or duties related to the primary care of one or more individ-
     3  uals who are ill or physically disabled; or
     4    (c) an inmate or patient of a veteran's administration hospital; or
     5    (d) detained in jail awaiting action by a grand jury or awaiting trial
     6  or  confined  in  jail or prison after a conviction for an offense other
     7  than a felony and stating the place where he or she is  so  detained  or
     8  confined.
     9    (4) Such application shall permit the applicant to apply for an absen-
    10  tee  ballot  in  any  year.   A voter who applies for an absentee ballot
    11  shall be sent an absentee ballot for any improvement district election.
    12    d. An applicant whose ability to  appear  personally  at  the  polling
    13  place  of the district of which he is a qualified voter is substantially
    14  impaired by reason of permanent illness or physical disability and whose
    15  registration record has been marked "permanently disabled" by the  board
    16  of  elections  pursuant  to  the provisions of the election law shall be
    17  entitled to receive an absentee ballot pursuant  to  the  provisions  of
    18  this  section  without  making  separate  application  for such absentee
    19  ballot, and the  secretary  of  the  improvement  district,  upon  being
    20  advised  by  the  board  of  elections on or with the list of registered
    21  voters that the registration record of a voter  is  marked  "permanently
    22  disabled", shall send an absentee ballot to such voter at his last known
    23  address by first class mail with a request to the postal authorities not
    24  to  forward  same  but  to return same in five days in the event that it
    25  cannot be delivered to the addressee. The board  of  inspectors  of  the
    26  improvement district shall make an appropriate entry on the registration
    27  record indicating the fact that an absentee ballot has been sent and the
    28  date of mailing.
    29    e. An application must be received by the district secretary no earli-
    30  er  than  the  thirtieth  day  before the election for which an absentee
    31  ballot is sought. If the application requests that the  absentee  ballot
    32  be  mailed,  such application must be received not later than seven days
    33  before the election. If the applicant or his or her agent  delivers  the
    34  application  to  the district secretary in person, such application must
    35  be received not later than the day before  the  election.  The  district
    36  secretary  shall  examine  each application and shall determine from the
    37  information contained therein whether the applicant is  qualified  under
    38  this section to receive an absentee ballot.
    39    f. No later than six days before the election for which an application
    40  has  been  received  and for which the district secretary has determined
    41  the applicant to be qualified to vote by absentee  ballot  the  district
    42  secretary shall mail, by regular mail, an absentee ballot to each quali-
    43  fied  applicant  who  has  applied before such day and who has requested
    44  that such absentee ballot be mailed to him or her  at  the  address  set
    45  forth  in  his  or her application. If the applicant or his or her agent
    46  delivers the application to the district secretary in person  after  the
    47  seventh  day  before  the election and not later than the day before the
    48  election, the district secretary shall forthwith deliver  such  absentee
    49  ballots  for those applicants whom he or she determines are qualified to
    50  make such applications and to receive such ballots to such applicants or
    51  the agents named in the applications  when  such  applicants  or  agents
    52  appear in the district secretary's office.
    53    §  3. This act shall take effect on the first of January next succeed-
    54  ing the date on which it shall have become a law.