Authorizes United States citizens currently residing outside the United States whose last residence in the United States was in the state of New York to vote in certain federal elections.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2819
SPONSOR: Davila TITLE OF BILL:
An act to amend the election law, in relation to authorizing United
States citizens currently residing outside the United States whose last
residence in the United States was in the state of New York to vote in
certain federal elections
PURPOSE OF BILL:
This bill would allow voters whose previous residence was in New York
State to vote via absentee ballot in a Federal Election if they reside
in a United States Territory or United States Possession.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 11-200 of the election law by removing the
provision that prohibited a citizen who otherwise qualified to vote via
absentee ballot from voting if they reside in a United States Territory
or Possession.
Section 2 sets the effective date.
JUSTIFICATION:
United States citizens who are former residents of New York may vote in
New York as special federal voters via absentee ballot for President,
Vice President, for their Congressperson or Senator if they reside
outside of the United States. However, the existing statute contains a
specific exception if the voter resides in a United States "territory"
or "possession", such as Puerto Rico, the U.S. Virgin Islands, Guam, or
American Samoa. So, a former eligible New York voter who moves to France
can vote via New York absentee ballot in certain federal elections,
whereas a former eligible New York voter who moves, for example, to
Puerto Rico cannot. This has led to the disenfranchisement of countless
New Yorkers - who would otherwise qualify to vote by absentee ballot as
they are prevented from exercising their constitutionally protected
right to vote in a federal election.
This issue is particularly important in New York because New York State
has the second-largest Puerto Rican population in the United States.
Puerto Ricans have the right to establish residency in New York (or any
other state) and obtain the right to vote. If they were to move back to
Puerto Rico though, they lose this right to vote in federal elections.
In Romeu v. Cohen, 265 F. 3d 118 (2nd Circuit 2001), Judge Pierre N.
Leval noted that Congress would have the right to "require states to
accept the votes of certain U.S. citizens who are not residents of the
State but reside outside the United States or in other states,(and) I
can see no reason why Congress might not also with respect to the presi-
dential election require the State to accept the presidential votes of
certain U.S. citizens who are nonresidents of the State residing in the
U.S. territories. . . Indeed, even without a congressional mandate, a
State would no doubt have the power to pass statutes . . . allowing its
former residents now residing in a territory to participate in its
federal elections." Romeu v. Cohen, 265 F.3d 118, 129 (2001). (Emphasis
added.) This legislation does precisely what Judge Leval suggested and
enfranchises New Yorkers who reside outside of New York that otherwise
qualify for an absentee ballot to exercise their right to vote in a
federal election, even if they reside in a U.S. "territory" or
"possession".
SOCIAL JUSTICE IMPACT:
This bill enfranchises likely thousands of people who lived in New York,
were eligible to vote, and only lost that right by moving to, for exam-
ple, Puerto Rico where they would not otherwise be able to vote in
federal elections. This bill would address a significant racial and
social inequity by which a former New Yorker who moves to France or
England could still vote, while one who moves to Puerto Rico could not.
PRIOR LEGISLATIVE HISTORY:
A. 9709/ S. 7452 of the 2021-2022 Legislative Session
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act will take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2819
2023-2024 Regular Sessions
IN ASSEMBLY
January 27, 2023
___________
Introduced by M. of A. DAVILA -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to authorizing United
States citizens currently residing outside the United States whose
last residence in the United States was in the state of New York to
vote in certain federal elections
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 11-200 of the election law, as
2 amended by chapter 99 of the laws of 1989, is amended to read as
3 follows:
4 1. Every citizen of the United States now residing outside the United
5 States whose last domicile in the United States immediately prior to his
6 departure from the United States was in the state of New York, shall be
7 entitled to vote from such last domicile, as a special federal voter in
8 all primary, special and general elections for the public offices or
9 party positions of president and vice-president of the United States,
10 United States senator, representative in congress and delegates and
11 alternate delegates to a national convention, provided such citizen, at
12 the time of such departure from the United States, could have met all
13 the present qualifications of this chapter to vote in federal elections
14 from such last domicile, except the qualification with respect to mini-
15 mum voting age, even though such citizen does not now maintain a place
16 of abode or domicile in the state of New York, and provided further that
17 such citizen does not maintain a place of abode or domicile, is not
18 registered to vote and is not voting in any other election district[,]
19 or state[, territory or possession of the United States] and provided
20 further that such citizen has a valid passport or card of identity and
21 registration issued under the authority of the secretary of state of the
22 United States.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00640-01-3
