NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2045
SPONSOR: Kavanagh (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 absentee voting
PURPOSE: The bill is designed to ensure that every qualified voter has
the opportunity to vote in a manner set forth by the legislature.
SUMMARY OF PROVISIONS: Section 1 of the bill amends section 2 of
article II of the constitution to remove provisions that limit the
legislature's ability to provide voting options other than appearance in
person on the day of an election. As amended the section would permit
the legislature to provide the manner, time, and place for qualified
voters to vote on or before the day of the election other than by
personal appearance.
Section 2 of the bill provides that the amendment be referred to the
first regular legislative session after the next general election of
members of the assembly and be published for three months prior to the
date of such election.
JUSTIFICATION: The constitution currently authorizes the legislature
to provide for the time, place, and manner that qualified voters may
cast a ballot (commonly called an "absentee ballot") when they are ill
or physically disabled, or absent from their county (or for New York
City residents, absent from New York City) on the day of an election.
This provision apparently does not authorize the legislature to provide
for alternative means of voting in other circumstances such as when
family or child care responsibilities, care for a sick relative, or
working hours make it difficult or impossible for voters to appear in
person at their poll sites.
This proposed constitutional amendment would remove these limitations
and grant the legislature flexibility to provide an opportunity for all
qualified voters to vote irrespective of the reason they may not be
voting in person at the poll site. This would enable the legislature-
through subsequent legislation-to increase participation in the demo-
cratic process by facilitating voting for those who might not otherwise
be able to go to the polls for reasons other than those currently
enumerated, thereby eliminating arbitrary restrictions on the ability to
vote. Furthermore, the amendment would enable the legislature to consid-
er other methods of voting such as early voting, which currently may not
be constitutional in New York.
LEGISLATIVE HISTORY:
2012: A05911 (Kavanagh) - Judiciary
2011: A05911 (Kavanagh) - Judiciary
2010: A8277A (Kavanagh)- Rules
2009: A8277 (Kavanagh)- Judiciary
FISCAL IMPACT ON THE STATE: None.
EFFECTIVE DATE: This amendment takes effect on the first day of Janu-
ary of the year after its approval and ratification by the people.
STATE OF NEW YORK
________________________________________________________________________
2045
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. KAVANAGH, COLTON, GALEF, LIFTON, LUPARDO, GOTT-
FRIED, LAVINE, MAGEE, PERRY, ROSENTHAL, THIELE -- read once and
referred to the Committee on Election Law
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 2 of article 2 of the constitution, in
relation to absentee 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 on or before the day designated for an election and other
10 than by personal appearance at the polling place and for the return and
11 canvass of their votes.
12 § 2. Resolved (if the Senate concur), That the foregoing amendment be
13 referred to the first regular legislative session convening after the
14 next succeeding general election of members of the assembly, and, in
15 conformity with section 1 of article 19 of the constitution, be
16 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.
LBD89028-01-3
