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A05058 Summary:

BILL NOA05058
 
SAME ASSAME AS S03047
 
SPONSORGalef
 
COSPNSRMontesano, Crouch, Finch, Steck
 
MLTSPNSRHawley, Magee, McDonough, Rivera, Thiele
 
Amd 175-b & 213-b, Town L
 
Sets forth provisions for absentee ballots for fire district elections and improvement district elections.
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A05058 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5058
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2017
                                       ___________
 
        Introduced  by M. of A. GALEF, MONTESANO, CROUCH, FINCH, STECK -- Multi-
          Sponsored by -- M. of A. HAWLEY, MAGEE, McDONOUGH, RIVERA,  THIELE  --
          read once and referred to the Committee on Local Governments
 
        AN  ACT  to amend the town law, in relation to absentee ballots for fire
          district elections and improvement district elections

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 2 of section 175-b of the town law, as amended
     2  by chapter 401 of the laws of 1996, is amended to read as follows:
     3    2. a. [An applicant for such an absentee ballot shall submit an appli-
     4  cation setting forth (1) his or her name and residence address,  includ-
     5  ing  the street and number, if any, or town and rural delivery route, if
     6  any; (2) that he or she is or will be, on the day  of  the  election,  a
     7  qualified voter of the district in which he or she resides in that he or
     8  she  is  or will be, on such date, over eighteen years of age, a citizen
     9  of the United States and has or will have resided in  the  district  for
    10  thirty  days  next preceding such date; (3) that he or she is registered
    11  in the town; (4) that he or she will be unable  to  appear  to  vote  in
    12  person  on  the  day  of  the  election for which the absentee ballot is
    13  requested because he or she is, or will be on such day (a) a patient  in
    14  a  hospital, or unable to appear personally at the polling place on such
    15  day because of illness or physical disability or (b) because of  his  or
    16  her duties, occupation or business will require him or her to be outside
    17  of the county of his or her residence on such day, (c) because he or she
    18  will  be  on vacation outside the county of his or her residence on such
    19  day; or, (d) absent from his or her voting residence because he  or  she
    20  is detained in jail awaiting action by a grand jury or awaiting trial or
    21  is confined in prison after conviction for an offense other than a felo-
    22  ny.    Such  application  must  be received by the district secretary at
    23  least seven days before the election if the ballot is to  be  mailed  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00664-01-7

        A. 5058                             2

     1  the voter, or the day before the election, if the ballot is to be deliv-
     2  ered personally to the voter or his or her agent.
     3    b.    (1)    Where  such  duties, occupation or business are of such a
     4  nature as ordinarily to require such absence,  a  brief  description  of
     5  such  duties,  occupation or business shall be set forth in such affida-
     6  vit.  (2) Where such duties, occupation or business are not  of  such  a
     7  nature  as  ordinarily  to  require such absence, such application shall
     8  contain a statement of the special circumstances  on  account  of  which
     9  such absence is required.
    10    c.   Where the applicant expects in good faith to be absent on the day
    11  of the election because he or she will be on vacation elsewhere on  such
    12  day,  such application shall also contain the dates upon which he or she
    13  expects to begin and end such vacation, the place or places where he  or
    14  she  expects  to be on such vacation, the name and address of his or her
    15  employer, if any, and if self-employed, a statement to that effect.
    16    d. Where the absence is because of detention or confinement  to  jail,
    17  such affidavit shall state whether the voter is detained awaiting action
    18  of  the  grand jury or is confined after conviction for an offense other
    19  than a felony.
    20    e.  Where a person is or would be, if  he  or  she  were  a  qualified
    21  voter,  entitled to apply for the right to vote by absentee ballot under
    22  the provisions of this section, his or her spouse, parent or child, if a
    23  qualified voter and a resident of the same district, shall  be  entitled
    24  to  vote  as  an  absentee  voter  upon personally making and signing an
    25  application in accordance with the preceding provisions of this subdivi-
    26  sion and showing that he or she expects to be absent from  the  district
    27  on  the  day of the district election by reason of accompanying or being
    28  with the spouse, child or parent who is or would be, if he or she were a
    29  qualified voter, so entitled to apply for the right to vote by  absentee
    30  ballot,  and,  in the event no application is made by such spouse, child
    31  or parent, such further information as the fire district shall require.
    32    f.] A qualified voter may vote as an absentee voter under this section
    33  if during all the hours of voting on the day of a fire district election
    34  he or she expects to be:
    35    (1) absent from the county of his or her residence; or
    36    (2) unable to appear at the polling place because of illness or  phys-
    37  ical  disability,  or  duties related to the primary care of one or more
    38  individuals who are ill or physically disabled, or  because  he  or  she
    39  will be or is a patient in a hospital; or
    40    (3) an inmate or patient of a veteran's administration hospital; or
    41    (4)  absent  from  his  or  her  voting residence because he or she is
    42  detained in jail awaiting action by a grand jury or awaiting  trial,  or
    43  confined  in jail or prison after a conviction for an offense other than
    44  a felony, provided that he or she is qualified to vote in  the  election
    45  district of his or her residence.
    46    b.  Each person entitled to vote as an absentee voter pursuant to this
    47  section and desirous of obtaining an absentee ballot shall make  written
    48  application  therefor  to  the district secretary. Application forms for
    49  use pursuant to this section shall be in a form prescribed by the  state
    50  board  of  elections.  The  use  of  any  application which is on a form
    51  prescribed by the state board of elections  shall  be  acceptable.  Such
    52  application  shall  include  the following statement to be signed by the
    53  voter.
    54    I hereby declare that the foregoing is a true statement to the best of
    55  my knowledge and belief, and I understand that if I  make  any  material

        A. 5058                             3
 
     1  false  statement  in the foregoing statement of application for absentee
     2  ballots, I shall be guilty of a misdemeanor.
     3  Date.....................Signature of Voter.............
     4    [g.] c. The application for an absentee ballot when filed must contain
     5  in each instance the following information:
     6    (1)  Applicant's  full  name,  date  of  birth, and residence address,
     7  including the street and number, if any, rural delivery route,  if  any,
     8  mailing  address  if different from the residence address and an address
     9  to which the ballot shall be mailed.
    10    (2) A statement that the  applicant  is  a  qualified  and  registered
    11  voter.
    12    (3)  A statement, as appropriate, that on the day of such election the
    13  applicant expects in good faith to be in one of  the  following  catego-
    14  ries:
    15    (a) absent from the county of his or her residence; provided, however,
    16  if  the  applicant  expects to be absent from such county for a duration
    17  covering more than one election and seeks an absentee  ballot  for  each
    18  election,  he  or  she  shall  state the dates when he or she expects to
    19  begin and end such absence; or
    20    (b) unable to appear at a polling place because of illness or physical
    21  disability or duties related to the primary care of one or more individ-
    22  uals who are ill or physically disabled; or
    23    (c) an inmate or patient of a veteran's administration hospital; or
    24    (d) detained in jail awaiting action by a grand jury or awaiting trial
    25  or confined in jail or prison after a conviction for  an  offense  other
    26  than  a  felony  and stating the place where he or she is so detained or
    27  confined.
    28    (4) Such application shall permit the applicant to apply for an absen-
    29  tee ballot in any year.   A voter who applies  for  an  absentee  ballot
    30  shall  be  sent  an  absentee ballot for any fire district election that
    31  occurs during the period of absence specified in the application.
    32    d. An applicant whose ability to  appear  personally  at  the  polling
    33  place  of  the  district  of  which  he  or  she is a qualified voter is
    34  substantially impaired by reason of permanent illness or physical  disa-
    35  bility  and whose registration record has been marked "permanently disa-
    36  bled" by the board of  elections  pursuant  to  the  provisions  of  the
    37  election law shall be entitled to receive an absentee ballot pursuant to
    38  the  provisions  of this section without making separate application for
    39  such absentee ballot, and the secretary of the fire district, upon being
    40  advised by the board of elections on or  with  the  list  of  registered
    41  voters  that  the  registration record of a voter is marked "permanently
    42  disabled", shall send an absentee ballot to such voter  at  his  or  her
    43  last  known  address  by  first  class mail with a request to the postal
    44  authorities not to forward same but to return same in five days  in  the
    45  event  that  it  cannot  be  delivered  to the addressee.   The election
    46  inspectors of the fire district shall make an appropriate entry  on  the
    47  registration record indicating the fact that an absentee ballot has been
    48  sent and the date of mailing.
    49    e. An application must be received by the district secretary no earli-
    50  er  than  the  thirtieth  day  before the election for which an absentee
    51  ballot is sought. If the application requests that the  absentee  ballot
    52  be  mailed,  such application must be received not later than seven days
    53  before the election. If the applicant or his or her agent  delivers  the
    54  application  to  the district secretary in person, such application must
    55  be received not later than the day before  the  election.  The  district
    56  secretary  shall  examine  each application and shall determine from the

        A. 5058                             4
 
     1  information contained therein whether the applicant is  qualified  under
     2  this section to receive an absentee ballot.
     3    f. No later than six days before the election for which an application
     4  has  been  received  and for which the district secretary has determined
     5  the applicant to be qualified to vote by absentee  ballot  the  district
     6  secretary shall mail, by regular mail, an absentee ballot to each quali-
     7  fied  applicant  who  has  applied before such day and who has requested
     8  that such absentee ballot be mailed to him or her  at  the  address  set
     9  forth  in  his  or her application. If the applicant or his or her agent
    10  delivers the application to the district secretary in person  after  the
    11  seventh  day  before  the election and not later than the day before the
    12  election, the district secretary shall forthwith deliver  such  absentee
    13  ballots  for those applicants whom he or she determines are qualified to
    14  make such applications and to receive such ballots to such applicants or
    15  the agents named in the applications  when  such  applicants  or  agents
    16  appear in the district secretary's office.
    17    § 2. Subdivision 2 of section 213-b of the town law, as added by chap-
    18  ter 400 of the laws of 1985, is amended to read as follows:
    19    2. a. [An applicant for such an absentee ballot shall submit an appli-
    20  cation  setting  forth (1) his name and residence address, including the
    21  street and number, if any, or town and rural delivery route, if any; (2)
    22  that he is or will be, on the day of the election, a qualified voter  of
    23  the district in which he resides in that he is or will be, on such date,
    24  over  eighteen  years  of age, a citizen of the United States and has or
    25  will have resided in the district for thirty days  next  preceding  such
    26  date;  (3) that he is registered in the town; (4) that he will be unable
    27  to appear to vote in person on the day of the  election  for  which  the
    28  absentee ballot is requested because he is, or will be on such day (a) a
    29  patient  in  a  hospital,  or unable to appear personally at the polling
    30  place on such day because of  illness  or  physical  disability  or  (b)
    31  because  his  duties,  occupation  or  business  will  require him to be
    32  outside of the county or city of his residence on such day, (c)  because
    33  he  will  be  on vacation outside the county or city of his residence on
    34  such day; or, (d)  absent  from  his  voting  residence  because  he  is
    35  detained in jail awaiting action by a grand jury or awaiting trial or is
    36  confined  in prison after conviction for an offense other than a felony.
    37  Such application must be received by the  district  secretary  at  least
    38  seven  days  before  the  election  if the ballot is to be mailed to the
    39  voter, or the day before the election, if the ballot is to be  delivered
    40  personally to the voter or his agent.
    41    b. (1)  Where such duties, occupation or business are of such a nature
    42  as  ordinarily  to  require  such  absence,  a brief description of such
    43  duties, occupation or business shall be set forth in such affidavit. (2)
    44  Where such duties, occupation or business are not of such  a  nature  as
    45  ordinarily  to  require  such  absence, such application shall contain a
    46  statement of the special circumstances on account of which such  absence
    47  is required.
    48    c.  Where  the applicant expects in good faith to be absent on the day
    49  of the election because he will be on vacation elsewhere  on  such  day,
    50  such  application  shall also contain the dates upon which he expects to
    51  begin and end such vacation, the place or places where he expects to  be
    52  on  such  vacation, the name and address of his employer, if any, and if
    53  self-employed, a statement to that effect.
    54    d. Where the absence is because of detention or confinement  to  jail,
    55  such affidavit shall state whether the voter is detained awaiting action

        A. 5058                             5

     1  of  the  grand jury or is confined after conviction for an offense other
     2  than a felony.
     3    e.  Where a person is or would be, if he were a qualified voter, enti-
     4  tled to apply for the  right  to  vote  by  absentee  ballot  under  the
     5  provisions  of this section, his spouse, parent or child, if a qualified
     6  voter and a resident of the same district, shall be entitled to vote  as
     7  an  absentee  voter upon personally making and signing an application in
     8  accordance with the preceding provisions of this subdivision and showing
     9  that he expects to be absent  from  the  district  on  the  day  of  the
    10  district  election  by  reason of accompanying or being with the spouse,
    11  child or parent who is or would be, if he were  a  qualified  voter,  so
    12  entitled  to apply for the right to vote by absentee ballot, and, in the
    13  event no application is made by  such  spouse,  child  or  parent,  such
    14  further information as the improvement district shall require.
    15    f.] A qualified voter may vote as an absentee voter under this section
    16  if  during all the hours of voting on the day of an improvement district
    17  election he or she expects to be:
    18    (1) absent from the county of his or her residence; or
    19    (2) unable to appear at the polling place because of illness or  phys-
    20  ical  disability,  or  duties related to the primary care of one or more
    21  individuals who are ill or physically disabled, or  because  he  or  she
    22  will be or is a patient in a hospital; or
    23    (3) an inmate or patient of a veteran's administration hospital; or
    24    (4)  absent  from  his  or  her  voting residence because he or she is
    25  detained in jail awaiting action by a grand jury or awaiting  trial,  or
    26  confined  in jail or prison after a conviction for an offense other than
    27  a felony, provided that he or she is qualified to vote in  the  election
    28  district of his or her residence.
    29    b.  Each person entitled to vote as an absentee voter pursuant to this
    30  section and desirous of obtaining an absentee ballot shall make  written
    31  application  therefor  to  the district secretary. Application forms for
    32  use pursuant to this section shall be in a form prescribed by the  state
    33  board  of  elections.  The  use  of  any  application which is on a form
    34  prescribed by the state board of elections  shall  be  acceptable.  Such
    35  application  shall  include  the following statement to be signed by the
    36  voter.
    37    I hereby declare that the foregoing is a true statement to the best of
    38  my knowledge and belief, and I understand that if I  make  any  material
    39  false  statement  in the foregoing statement of application for absentee
    40  ballots, I shall be guilty of a misdemeanor.
    41       Date ................... Signature of Voter .......................
    42    [g.] c.   The application for  an  absentee  ballot  when  filed  must
    43  contain in each instance the following information:
    44    (1)  Applicant's  full  name,  date  of  birth, and residence address,
    45  including the street and number, if any, rural delivery route,  if  any,
    46  mailing  address  if different from the residence address and an address
    47  to which the ballot shall be mailed.
    48    (2) A statement that the  applicant  is  a  qualified  and  registered
    49  voter.
    50    (3)  A statement, as appropriate, that on the day of such election the
    51  applicant expects in good faith to be in one of  the  following  catego-
    52  ries:
    53    (a) absent from the county of his or her residence; provided, however,
    54  if  the  applicant  expects to be absent from such county for a duration
    55  covering more than one election and seeks an absentee  ballot  for  each

        A. 5058                             6
 
     1  election,  he  or  she  shall  state the dates when he or she expects to
     2  begin and end such absence; or
     3    (b) unable to appear at a polling place because of illness or physical
     4  disability or duties related to the primary care of one or more individ-
     5  uals who are ill or physically disabled; or
     6    (c) an inmate or patient of a veteran's administration hospital; or
     7    (d) detained in jail awaiting action by a grand jury or awaiting trial
     8  or  confined  in  jail or prison after a conviction for an offense other
     9  than a felony and stating the place where he or she is  so  detained  or
    10  confined.
    11    (4) Such application shall permit the applicant to apply for an absen-
    12  tee  ballot  in  any  year.   A voter who applies for an absentee ballot
    13  shall be sent an absentee ballot for any improvement district election.
    14    d. An applicant whose ability to  appear  personally  at  the  polling
    15  place  of the district of which he is a qualified voter is substantially
    16  impaired by reason of permanent illness or physical disability and whose
    17  registration record has been marked "permanently disabled" by the  board
    18  of  elections  pursuant  to  the provisions of the election law shall be
    19  entitled to receive an absentee ballot pursuant  to  the  provisions  of
    20  this  section  without  making  separate  application  for such absentee
    21  ballot, and the  secretary  of  the  improvement  district,  upon  being
    22  advised  by  the  board  of  elections on or with the list of registered
    23  voters that the registration record of a voter  is  marked  "permanently
    24  disabled", shall send an absentee ballot to such voter at his last known
    25  address by first class mail with a request to the postal authorities not
    26  to  forward  same  but  to return same in five days in the event that it
    27  cannot be delivered to the addressee. The board  of  inspectors  of  the
    28  improvement district shall make an appropriate entry on the registration
    29  record indicating the fact that an absentee ballot has been sent and the
    30  date of mailing.
    31    e. An application must be received by the district secretary no earli-
    32  er  than  the  thirtieth  day  before the election for which an absentee
    33  ballot is sought. If the application requests that the  absentee  ballot
    34  be  mailed,  such application must be received not later than seven days
    35  before the election. If the applicant or his or her agent  delivers  the
    36  application  to  the district secretary in person, such application must
    37  be received not later than the day before  the  election.  The  district
    38  secretary  shall  examine  each application and shall determine from the
    39  information contained therein whether the applicant is  qualified  under
    40  this section to receive an absentee ballot.
    41    f. No later than six days before the election for which an application
    42  has  been  received  and for which the district secretary has determined
    43  the applicant to be qualified to vote by absentee  ballot  the  district
    44  secretary shall mail, by regular mail, an absentee ballot to each quali-
    45  fied  applicant  who  has  applied before such day and who has requested
    46  that such absentee ballot be mailed to him or her  at  the  address  set
    47  forth  in  his  or her application. If the applicant or his or her agent
    48  delivers the application to the district secretary in person  after  the
    49  seventh  day  before  the election and not later than the day before the
    50  election, the district secretary shall forthwith deliver  such  absentee
    51  ballots  for those applicants whom he or she determines are qualified to
    52  make such applications and to receive such ballots to such applicants or
    53  the agents named in the applications  when  such  applicants  or  agents
    54  appear in the district secretary's office.
    55    §  3. This act shall take effect on the first of January next succeed-
    56  ing the date on which it shall have become a law.
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