Bill Text: NY S05529 | 2017-2018 | General Assembly | Introduced

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Bill Title: Allows for a voter to apply for an absentee ballot for any reason.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ELECTIONS [S05529 Detail]

Download: New_York-2017-S05529-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5529
                               2017-2018 Regular Sessions
                    IN SENATE
                                      April 6, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- 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  application  for  an
          absentee ballot
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1, the opening paragraph of subdivision  2  and
     2  paragraphs (c) and (d) of subdivision 3 of section 8-400 of the election
     3  law,  subdivision  1  and  paragraphs  (c)  and  (d) of subdivision 3 as
     4  amended by chapter 63 of the laws of 2010, paragraph (c) of  subdivision
     5  1 and subparagraph (iii) of paragraph (c) of subdivision 3 as amended by
     6  chapter  375  of the laws of 2015, and the opening paragraph of subdivi-
     7  sion 2 as amended by chapter 216 of the laws of  1988,  are  amended  to
     8  read as follows:
     9    1.  A qualified voter may vote as an absentee voter under this chapter
    10  if[, on the occurrence of any village election conducted by the board of
    11  elections, primary election, special election, general election  or  New
    12  York  city  community  school  board  district or city of Buffalo school
    13  district election,] he or she expects to be[:
    14    (a) absent from the county of his or her residence, or, if a  resident
    15  of the city of New York absent from said city; or
    16    (b)  unable  to appear personally at the polling place of the election
    17  district in which he or she is a qualified voter because of  illness  or
    18  physical 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    (c) a resident or patient of a veterans health  administration  hospi-
    22  tal; or
    23    (d)  absent  from  his  or  her  voting residence because he or she is
    24  detained in jail awaiting action by a grand jury or awaiting  trial,  or
    25  confined  in jail or prison after a conviction for an offense other than

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09455-02-7
        S. 5529                             2

     1  a felony, provided that he or she is qualified to vote in  the  election
     2  district  of  his  or her residence] unable to vote in person due to any
     3  reason.
     4    A  qualified  voter desiring to vote [at such election] as an absentee
     5  voter for any reason [specified in subdivision  one  hereof]  must  make
     6  application for an absentee ballot on a form to be obtained and filed as
     7  provided herein or by letter as provided in paragraph (d) of this subdi-
     8  vision.
     9    (c) [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    (i) absent from the county of his or her residence, or if  a  resident
    13  of the city of New York absent from said city; provided, however, if the
    14  applicant  expects  to be absent from such county or city for a duration
    15  covering more than one election and seeks an absentee  ballot  for  each
    16  election,  he  or  she  shall  state the dates when he or she expects to
    17  begin and end such absence; or
    18    (ii) unable to appear at a polling place because of illness  or  phys-
    19  ical  disability  or  duties  related to the primary care of one or more
    20  individuals who are ill or physically disabled; or
    21    (iii) a resident or patient of a veterans health administration hospi-
    22  tal; or
    23    (iv) detained in jail awaiting action by  a  grand  jury  or  awaiting
    24  trial  or  confined  in jail or prison after a conviction for an offense
    25  other than a felony and stating the place where he or she is so detained
    26  or confined.
    27    (d)] Such application shall permit  the  applicant  to  apply  for  an
    28  absentee ballot for either a primary election or the general election in
    29  any  year  and  for  those  persons who will be continuously absent from
    30  their county of residence during the period  between  the  fall  primary
    31  election  and  the general election in any year to apply for ballots for
    32  both such elections in such year. A voter who applies  for  an  absentee
    33  ballot  shall  be  sent  an  absentee ballot for any special election or
    34  winter primary that occurs during the period of absence specified in the
    35  application.
    36    § 2. This act shall take effect on the ninetieth day  after  it  shall
    37  have become a law.