NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3874B
SPONSOR: Brennan (MS)
 
TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 2 of article 2 of the constitution, in
relation to authorizing ballot by mail by removing cause for absentee
ballot voting
 
PURPOSE OR GENERAL IDEA OF BILL:
This resolution shall propose to amend the state Constitution to allow
for any voter to request to vote by mail without declaring any reason
for doing so.
 
JUSTIFICATION:
Currently, the New York State Constitution only allows absentee voting
if a person expects to be absent from the county in which they live, or
the City of New York, or because of illness for physical disability. As
we have seen in the most recent election, many states have allowed for
alternate ways of voting, including mail in voting without having to
declare any reason for doing so. There is no reason to prevent New York-
ers from doing so as well. By providing choices, we give voters the
opportunity to cast their ballot in whatever way each finds most
comfortable, whether that be in a voting booth on election day, or in
the comfort of their own home prior to election day.
 
PRIOR LEGISLATIVE HISTORY:
2009-10 - A5099;
2011-12 - A5202 In Election Law Committee.
 
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:
 
EFFECTIVE DATE:
This bill provides for first passage of a constitutional amendment.
STATE OF NEW YORK
________________________________________________________________________
3874--B
2015-2016 Regular Sessions
IN ASSEMBLY
January 27, 2015
___________
Introduced by M. of A. BRENNAN, LUPARDO, LAVINE, GOTTFRIED, PAULIN,
AUBRY, SIMOTAS -- Multi-Sponsored by -- M. of A. MAGEE, PERRY -- read
once and referred to the Committee on Election Law -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 2 of article 2 of the constitution, in
relation to authorizing ballot by mail by removing cause for absentee
ballot voting
1 Section 1. Resolved (if the Senate concur), That section 2 of article
2 2 of the constitution be amended to read as follows:
3 § 2. The legislature may, by general law, provide a manner in which,
4 and the time and place at which, qualified voters [who, on the occur-
5 rence of any election, may be absent from the county of their residence
6 or, if residents of the city of New York, from the city, and qualified
7 voters who, on the occurrence of any election, may be unable to appear
8 personally at the polling place because of illness or physical disabili-
9 ty,] may vote and for the return and canvass of their votes in any
10 election.
11 § 2. Resolved (if the Senate concur), That the foregoing amendment be
12 referred to the first regular legislative session convening after the
13 next succeeding general election of members of the assembly, and, in
14 conformity with section 1 of article 19 of the constitution, be
15 published for 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89017-04-5