Bill Text: NY S04205 | 2017-2018 | General Assembly | Introduced


Bill Title: Extends the right to vote in all elections to aliens lawfully admitted for permanent residence in the United States.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ELECTIONS [S04205 Detail]

Download: New_York-2017-S04205-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4205
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 6, 2017
                                       ___________
        Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections
        AN ACT to amend the election law, the town law and the education law, in
          relation to the right to vote
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The legislature hereby finds and declares that the right to
     2  vote is an essential part of membership in the communities which make up
     3  the  state  of  New York. In order to ensure that all persons who perma-
     4  nently and legally reside in our state have a voice and a stake  in  the
     5  decisions  made  by the political process, it is necessary and proper to
     6  extend the right to them, as citizens of New  York  state,  to  vote  in
     7  elections for offices and on issues which affect them.
     8    §  2. Subdivision 1 of section 5-102 of the election law is amended to
     9  read as follows:
    10    1. No person shall be qualified  to  register  for  and  vote  at  any
    11  election  unless he or she is a citizen of the United States or an alien
    12  lawfully admitted for permanent residence in the United States and is or
    13  will be, on the day of such election, eighteen years of age or over, and
    14  a resident of this state and of the county, city or village for a  mini-
    15  mum of thirty days next preceding such election.
    16    §  3.  Paragraph (g) of subdivision 5 of section 5-210 of the election
    17  law, as amended by chapter 179 of the laws of 2005, is amended  to  read
    18  as follows:
    19    (g)  Notice  that the applicant must be a citizen of the United States
    20  or an alien lawfully admitted for  permanent  residence  in  the  United
    21  States,  is or will be at least eighteen years old not later than Decem-
    22  ber thirty-first of the calendar year in which he or she registers and a
    23  resident of the county or city to which application is made.
    24    § 4. Subdivision 8 of section 7-122 of the election law, as amended by
    25  chapter 165 of the laws of 2010, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09226-01-7

        S. 4205                             2
     1    8. On the reverse side of such inner  affirmation  envelope  shall  be
     2  printed the following statement:
     3                                  AFFIRMATION
     4    I  do  declare  that  I  am a citizen of the United States or an alien
     5  lawfully admitted for permanent residence in the United States,  that  I
     6  am duly registered in the election district shown on the reverse side of
     7  this  envelope  and I am qualified to vote in such district; that I will
     8  be unable to appear personally on the day of the election for which this
     9  ballot is voted at the polling place of the election district in which I
    10  am a qualified voter because of the reason given on my application here-
    11  tofore submitted; that I have not qualified nor  do  I  intend  to  vote
    12  elsewhere,  that  I have not committed any act nor am I under any imped-
    13  iment which denies me the right to vote.
    14    I hereby declare that the foregoing is a true statement to the best of
    15  my knowledge and belief, and I understand that if I  make  any  material
    16  false statement in the foregoing statement of absentee voter, I shall be
    17  guilty of a misdemeanor.
    18  Date.................20.....       .....................................
    19                                     Signature or mark of voter
    20                                     .....................................
    21                                     Signature of Witness (required only
    22                                     if voter does not sign his own name)
    23                                     .....................................
    24                                     Address of Witness
    25    § 5. Subdivision 3 of section 7-123 of the election law, as amended by
    26  chapter 104 of the laws of 2010, is amended to read as follows:
    27    3.  The board of elections shall furnish an inner affirmation envelope
    28  with each military ballot upon which envelope shall be printed:
    29                          BALLOT FOR MILITARY VOTER
    30                                 AFFIRMATION
    31    I swear or affirm that:
    32    (a) I am a member of the uniformed  services  or  merchant  marine  on
    33  active  duty or an eligible spouse, parent, child or dependent of such a
    34  member, and
    35    (b) I am a United States citizen or an  alien  lawfully  admitted  for
    36  permanent residence in the United States, at least eighteen years of age
    37  (or  will  be  by  the  day  of  the  election), eligible to vote in the
    38  requested jurisdiction, and
    39    (c) I have neither been convicted of a felony or  other  disqualifying
    40  offense  nor  been adjudicated mentally incompetent, or if so, my voting
    41  rights have been reinstated, and
    42    (d) I am not registering, requesting a ballot, or voting in any  other
    43  jurisdiction in the United States, and
    44    (e)  My  signature and date below indicate when I completed this docu-
    45  ment, and
    46    (f) The information on this form is true and complete to the  best  of
    47  my knowledge.
    48    I understand that a material misstatement of fact in the completion of
    49  this document may constitute grounds for conviction of a crime.

        S. 4205                             3
     1  Date .......... 20....
     2                                          ................................
     3                                              Signature or mark of voter
     4                                          ................................
     5                                           Signature of Witness (required
     6                                           only if voter does not sign his
     7                                                      or her own name)
     8                                          ................................
     9                                                    Address of Witness
    10    § 6. Subdivision 3 of section 7-125 of the election law, as amended by
    11  chapter 235 of the laws of 2000, is amended to read as follows:
    12    3.   On the reverse side of such envelope shall be printed the follow-
    13  ing statement:
    14                   STATEMENT OF SPECIAL PRESIDENTIAL VOTER
    15    I do declare I am a  qualified  special  presidential  voter  of  said
    16  district;  that  I  am  not qualified and am not able to qualify to vote
    17  elsewhere than as set forth on the reverse side of this envelope; that I
    18  am a citizen of the United States or  an  alien  lawfully  admitted  for
    19  permanent  residence  in  the  United  States;  that  on the date of the
    20  election for which this ballot is voted, I will  be  at  least  eighteen
    21  years  of age; and that I have not committed any act, nor am I under any
    22  impediment, which denies me the right to vote.
    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,  I shall be guilty of a
    26  misdemeanor.
    27  Date..........20......
    28                                           ...............................
    29                                           Signature or mark of Voter
    30                                           ...............................
    31                                           Signature of Witness (required
    32                                           only if voter does not sign his
    33                                           own name)
    34                                           ...............................
    35                                           Address of Witness
    36    § 7. Subdivision 3 of section 8-504 of the election law, as renumbered
    37  by chapter 373 of the laws of 1978, is amended to read as follows:
    38    3.  After receiving the answers as above specified, of any  applicant,
    39  the  board  shall,  if  it believes the applicant to be qualified or the
    40  challenge is withdrawn, permit him or her to vote.  Otherwise, the board
    41  shall point out to him or her the qualifications, if any, in respect  of
    42  which  he  or  she shall appear deficient.   If, after such deficiencies
    43  have been so indicated, the applicant shall persist in his or her  claim
    44  to vote, an inspector shall administer to him or her the following oath,
    45  which  shall  be  known  as "The Qualification Oath":  "You do swear (or
    46  affirm) that you are eighteen years of age, that you are  a  citizen  of
    47  the  United States or an alien lawfully admitted for permanent residence
    48  in the United States and that you have been a resident  of  this  state,
    49  and  of  this county (of the city of New York) (village) for thirty days
    50  next preceding this election, that you still reside at the same  address
    51  from which you have been duly registered in this election district, that
    52  you  have  not  voted  at this election, and that you do not know of any

        S. 4205                             4
     1  reason why you are not qualified to vote  at  this  election.    You  do
     2  further  declare that you are aware that it is a crime to make any false
     3  statement.  That all the statements you have made to the board have been
     4  true  and  that you understand that a false statement is perjury and you
     5  will be guilty of a misdemeanor."
     6    § 8. Paragraph b of subdivision 5 of section 84-a of the town law,  as
     7  amended  by  section 10 of part LL of chapter 56 of the laws of 2010, is
     8  amended to read as follows:
     9    b. On the reverse side of such envelope shall be printed the following
    10  statement:
    11                          STATEMENT OF ABSENTEE VOTER
    12    I do declare that I will have been a citizen of the United  States  or
    13  an  alien lawfully admitted for permanent residence in the United States
    14  for thirty days, and will be at least eighteen years of age, on the date
    15  of the special town election; that I will have been a resident  of  this
    16  state  and  of  the  town shown on the reverse side of this envelope for
    17  thirty days next preceding the said election; that I am or on such  date
    18  will  be,  a  registered  voter  of  said town; that I will be unable to
    19  appear personally on the day of said special town election at the  poll-
    20  ing  place of the election district in which I am or will be a qualified
    21  voter because of the reason stated on my application heretofore  submit-
    22  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
    23  as set forth on the reverse side of  this  envelope;  that  I  have  not
    24  received or offered, do not expect to receive, have not paid, offered or
    25  promised  to  pay,  contributed,  offered  or  promised to contribute to
    26  another to be paid or used, any money or  other  valuable  thing,  as  a
    27  compensation  or  reward for the giving or withholding of a vote at this
    28  special town election, and have not made any promise  to  influence  the
    29  giving  or withholding of any such votes; that I have not made or become
    30  directly or indirectly interested in any bet or wager depending upon the
    31  result of this special town election; and that I have not been convicted
    32  of bribery or any infamous crime, or, if so convicted, that I have  been
    33  pardoned or restored to all the rights of a citizen, without restriction
    34  as  to  the  right of suffrage, or received a certificate of relief from
    35  disabilities or a certificate of good conduct pursuant to article  twen-
    36  ty-three  of  the  correction law removing my disability to register and
    37  vote.
    38    I hereby declare that the foregoing is a true statement to the best of
    39  my knowledge and belief, and I understand that if I  make  any  material
    40  false statement in the foregoing statement of absentee voter, I shall be
    41  guilty of a misdemeanor.
    42      Date.............. Signature of Voter..................
    43    § 9. Paragraph a of subdivision 2 of section 213-b of the town law, as
    44  added by chapter 400 of the laws of 1985, is amended to read as follows:
    45     a.  An applicant for such an absentee ballot shall submit an applica-
    46  tion setting forth (1) his or her name and residence address,  including
    47  the street and number, if any, or town and rural delivery route, if any;
    48  (2)  that  he or she is or will be, on the day of the election, a quali-
    49  fied voter of the district in which or she he resides in that he or  she
    50  is  or  will  be, on such date, over eighteen years of age, a citizen of
    51  the United States or an alien lawfully admitted for permanent  residence
    52  in  the  United  States and has or will have resided in the district for
    53  thirty days next preceding such date; (3) that he or she  is  registered
    54  in  the  town;  (4)  that  he or she will be unable to appear to vote in
    55  person on the day of the election  for  which  the  absentee  ballot  is
    56  requested  because he or she is, or will be on such day (a) a patient in

        S. 4205                             5
     1  a hospital, or unable to appear personally at the polling place on  such
     2  day  because of illness or physical disability or (b) because his or her
     3  duties, occupation or business will require him or her to be outside  of
     4  the  county  or city of his or her residence on such day, (c) because he
     5  or she will be on vacation outside the county or  city  of  his  or  her
     6  residence  on  such day; or, (d) absent from his or her voting residence
     7  because he or she is detained in jail awaiting action by a grand jury or
     8  awaiting trial or is confined in prison after conviction for an  offense
     9  other  than a felony.  Such application must be received by the district
    10  secretary at least seven days before the election if the ballot is to be
    11  mailed to the voter, or the day before the election, if the ballot is to
    12  be delivered personally to the voter or his or her agent.
    13    § 10. Paragraph b of subdivision 5 of section 213-b of the  town  law,
    14  as  added by section 12 of part LL of chapter 56 of the laws of 2010, is
    15  amended to read as follows:
    16    b.  On the reverse side of such envelope shall be printed the  follow-
    17  ing statement:
    18                          STATEMENT OF ABSENTEE VOTER
    19    I  do  declare that I will have been a citizen of the United States or
    20  an alien lawfully admitted for permanent residence in the United  States
    21  for thirty days, and will be at least eighteen years of age, on the date
    22  of the district election; that I will have been a resident of this state
    23  and  of  the district if any, shown on the reverse side of this envelope
    24  for thirty days next preceding the said election and that  I  am  or  on
    25  such  date  will be, a registered voter of said district; that I will be
    26  unable to appear personally on the day of said district election at  the
    27  polling  place of the said district in which I am or will be a qualified
    28  voter because of the reason stated on my application heretofore  submit-
    29  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
    30  as set forth on the reverse side of  this  envelope;  that  I  have  not
    31  received or offered, do not expect to receive, have not paid, offered or
    32  promised  to  pay,  contributed,  offered  or  promised to contribute to
    33  another to be paid or used, any money or  other  valuable  thing,  as  a
    34  compensation  or  reward for the giving or withholding of a vote at this
    35  district election, and have not made any promise to influence the giving
    36  or withholding of any such votes; that I have not made or become direct-
    37  ly or indirectly interested in any  bet  or  wager  depending  upon  the
    38  result  of this district election; and that I have not been convicted of
    39  bribery or any infamous crime, or, if so convicted,  that  I  have  been
    40  pardoned or restored to all the rights of a citizen, without restriction
    41  as  to  the  right of suffrage, or received a certificate of relief from
    42  disabilities or a certificate of good conduct pursuant to article  twen-
    43  ty-three  of  the  correction law removing my disability to register and
    44  vote.
    45    I hereby declare that the foregoing is a true statement to the best of
    46  my knowledge and belief, and I understand that if I  make  any  material
    47  false statement in the foregoing statement of absentee voter, I shall be
    48  guilty of a misdemeanor.
    49       Date............. Signature of Voter ..............................
    50    §  11.  Subdivision 1 of section 2012 of the education law, as amended
    51  by chapter 1169 of the laws of 1971, is amended to read as follows:
    52    1. A citizen of the United States or an alien  lawfully  admitted  for
    53  permanent residence in the United States.

        S. 4205                             6
     1    §  12. Paragraph a of subdivision 2 of section 2018-a of the education
     2  law, as amended by chapter 136 of the laws of 1991, is amended  to  read
     3  as follows:
     4    a.  An  applicant for such an absentee ballot shall submit an applica-
     5  tion setting forth (1) his or her name and residence address,  including
     6  the street and number, if any, or town and rural delivery route, if any;
     7  (2)  that  he  or  she  is or will be, on the day of the school district
     8  election, a qualified voter of the school district in which  he  or  she
     9  resides  in  that  he  or she is or will be, on such date, over eighteen
    10  years of age, a citizen of the United States or an alien lawfully admit-
    11  ted for permanent residence in the United States and has  or  will  have
    12  resided  in  the  district for thirty days next preceding such date; (3)
    13  whether he or she is registered in the district; (4) that he or she will
    14  be unable to appear to vote in person on the day of the school  district
    15  election  for  which  the absentee ballot is requested because he or she
    16  is, or will be on such day (a) a patient in a  hospital,  or  unable  to
    17  appear personally at the polling place on such day because of illness or
    18  physical  disability or (b) because his or her duties, occupation, busi-
    19  ness, or studies will require him or her to be outside of the county  or
    20  city  of his or her residence on such day, (c) because he or she will be
    21  on vacation outside the county or city of his or her residence  on  such
    22  day;  or,  (d) absent from his or her voting residence because he or she
    23  is detained in jail awaiting action by a grand jury or awaiting trial or
    24  is confined in prison after conviction for an offense other than a felo-
    25  ny. Such application must be received by the  district  clerk  at  least
    26  seven  days  before  the  election  if the ballot is to be mailed to the
    27  voter, or the day before the election, if the ballot is to be  delivered
    28  personally to the voter.
    29    §  13. Paragraph b of subdivision 5 of section 2018-a of the education
    30  law, as amended by section 8 of part LL of chapter 56  of  the  laws  of
    31  2010, is amended to read as follows:
    32    b. On the reverse side of such envelope shall be printed the following
    33  statement:
    34                         STATEMENT OF ABSENTEE VOTER
    35    I  do  declare  that  I  am a citizen of the United States or an alien
    36  lawfully admitted for permanent residence in the United States, and will
    37  be at least eighteen years of age, on the date of  the  school  district
    38  election;  that  I  will  have  been a resident of this state and of the
    39  school district and school election  district,  if  any,  shown  on  the
    40  reverse  side  of  this envelope for thirty days next preceding the said
    41  election and duly registered in the school district and school  election
    42  district,  if any, shown on the reverse side of this envelope and that I
    43  am or on such date will be, a qualified voter of said  school  district;
    44  that  I  will  be  unable to appear personally on the day of said school
    45  district election at the polling place of the said district in  which  I
    46  am  or  will  be  a  qualified  voter because of the reason stated on my
    47  application heretofore submitted; that I have not  qualified,  or  do  I
    48  intend  to vote, elsewhere than as set forth on the reverse side of this
    49  envelope; that I have not received or offered, do not expect to receive,
    50  have not paid, offered or promised to pay, contributed, offered or prom-
    51  ised to contribute to another to be paid or used,  any  money  or  other
    52  valuable  thing, as a compensation or reward for the giving or withhold-
    53  ing of a vote at this school district election, and have  not  made  any
    54  promise to influence the giving or withholding of any such votes; that I

        S. 4205                             7
     1  have  not made or become directly or indirectly interested in any bet or
     2  wager depending upon the result of this school  district  election;  and
     3  that  I have not been convicted of bribery or any infamous crime, or, if
     4  so convicted, that I have been pardoned or restored to all the rights of
     5  a  citizen, without restriction as to the right of suffrage, or received
     6  a certificate of relief from  disabilities  or  a  certificate  of  good
     7  conduct  pursuant to article twenty-three of the correction law removing
     8  my disability to register and vote.
     9    I hereby declare that the foregoing is a true statement to the best of
    10  my knowledge and belief, and I understand that if I  make  any  material
    11  false statement in the foregoing statement of absentee voter, I shall be
    12  guilty of a misdemeanor.
    13    Date.....................Signature of Voter ..........................
    14    §  14. Paragraph a of subdivision 2 of section 2018-b of the education
    15  law, as amended by chapter 46 of the laws of 1992, is amended to read as
    16  follows:
    17    a. An applicant for such an absentee ballot shall submit  an  applica-
    18  tion  setting forth (1) his or her name and residence address, including
    19  the street and number, if any, or town and rural delivery route, if any;
    20  (2) that he or she is or will be, on the  day  of  the  school  district
    21  election,  a  qualified  voter of the school district in which he or she
    22  resides in that he or she is or will be, on  such  date,  over  eighteen
    23  years of age, a citizen of the United States or an alien lawfully admit-
    24  ted  for  permanent  residence in the United States and has or will have
    25  resided in the district for thirty  days next preceding such  date;  (3)
    26  that  he or she will be unable to appear to vote in person on the day of
    27  the school district election for which the absentee ballot is  requested
    28  because  he  or she is, or will be on such day (a) a patient in a hospi-
    29  tal, or unable to appear personally at the polling  place  on  such  day
    30  because  of  illness  or  physical  disability or (b) because his or her
    31  duties, occupation, business, or studies will require him or her  to  be
    32  outside  of  the county or city of his or her residence on such day, (c)
    33  because he or she will be on vacation outside the county or city of  his
    34  or  her  residence  on  such  day; or, (d) absent from his or her voting
    35  residence because he or she is detained in jail  awaiting  action  by  a
    36  grand  jury  or awaiting trial or is confined in prison after conviction
    37  for an offense other than a felony. Such application must be received by
    38  the district clerk or designee of the trustees or school board at  least
    39  seven  days  before  the  election  if the ballot is to be mailed to the
    40  voter, or the day before the election, if the ballot is to be  delivered
    41  personally to the voter.
    42    §  15. Paragraph b of subdivision 6 of section 2018-b of the education
    43  law, as amended by section 9 of part LL of chapter 56  of  the  laws  of
    44  2010, is amended to read as follows:
    45    b. On the reverse side of such envelope shall be printed the following
    46  statement:
    47                         STATEMENT OF ABSENTEE VOTER
    48    I  do  declare  that  I  am a citizen of the United States or an alien
    49  lawfully admitted for permanent residence in the United States, and will
    50  be at least eighteen years of age on the date  of  the  school  district
    51  election;  that  I  will  have  been a resident of this state and of the
    52  school district and school election  district,  if  any,  shown  on  the

        S. 4205                             8
     1  reverse  side  of  this envelope for thirty days next preceding the said
     2  election and that I am or on such date will be,  a  qualified  voter  of
     3  said  school district; that I will be unable to appear personally on the
     4  day  of  said  school district election at the polling place of the said
     5  district in which I am or will be  a  qualified  voter  because  of  the
     6  reason  stated  on  my application heretofore submitted; that I have not
     7  qualified, or do I intend to vote, elsewhere than as set  forth  on  the
     8  reverse  side  of this envelope; that I have not received or offered, do
     9  not expect to receive, have  not  paid,  offered  or  promised  to  pay,
    10  contributed,  offered or promised to contribute to another to be paid or
    11  used, any money or other valuable thing, as a compensation or reward for
    12  the giving or withholding of a vote at this  school  district  election,
    13  and  have not made any promise to influence the giving or withholding of
    14  any such votes; that I have not made or become  directly  or  indirectly
    15  interested  in any bet or wager depending upon the result of this school
    16  district election; and that I have not been convicted of bribery or  any
    17  infamous  crime,  or,  if  so  convicted,  that  I have been pardoned or
    18  restored to all the rights of a citizen, without restriction as  to  the
    19  right  of  suffrage, or have received a certificate of relief from disa-
    20  bilities or a certificate of good conduct pursuant  to  article  twenty-
    21  three of the correction law removing my disability to vote.
    22    I hereby declare that the foregoing is a true statement to the best of
    23  my  knowledge  and  belief, and I understand that if I make any material
    24  false statement in the foregoing statement of absentee voter, I shall be
    25  guilty of a misdemeanor.
    26    Date....................Signature of Voter ...........................
    27    § 16. Subdivision 1 of section 2603 of the education law,  as  amended
    28  by chapter 182 of the laws of 1952, is amended to read as follows:
    29    1.  A  citizen  of the United States or an alien lawfully admitted for
    30  permanent residence in the United States.
    31    § 17. Subdivision 5 of section 2609 of the education law,  as  amended
    32  by chapter 919 of the laws of 1974, is amended to read as follows:
    33    5.    Any  qualified voter of a city school district may challenge the
    34  right of a person to vote at the time when he or she requests a  ballot.
    35  All persons named upon the applicable register as having been challenged
    36  prior  to  the  day of the election shall also be challenged before they
    37  are given ballots to vote.   The chairman of  the  board  of  inspectors
    38  shall administer to each person so challenged the following oath:  "I do
    39  solemnly  swear  (or affirm) that I am a citizen of the United States or
    40  an alien lawfully admitted for permanent residence in the United States;
    41  that I am of the age of eighteen years or more;  that  I  have  been  an
    42  inhabitant  of the State for the past year, a resident of the county for
    43  the past four months and for the thirty days past an actual resident  of
    44  this  city  school  district  and am therefore qualified to vote at this
    45  election."  If the person challenged so swears or  affirms,  he  or  she
    46  shall  be  permitted  to  vote  at such election; but if he or she shall
    47  refuse to so swear or affirm, he or she shall not be given a  ballot  or
    48  be permitted to vote.
    49    § 18. This act shall take effect on the first of January next succeed-
    50  ing the date on which it shall have become a law.
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