AB5066 Summary:

BILL NOA05066
 
SAME ASNo same as
 
SPONSORMillman
 
COSPNSR
 
MLTSPNSR
 
Amd Art 2 S9, Constn
 
Provides for early voting at presidential elections.
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AB5066 Actions:

BILL NOA05066
 
02/20/2013referred to election law
02/22/2013to attorney-general for opinion
03/15/2013opinion referred to judiciary
01/08/2014referred to election law
01/10/2014to attorney-general for opinion
02/05/2014opinion referred to judiciary
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AB5066 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5066
 
SPONSOR: Millman
  TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 9 of article 2 of the constitution, in relation to early voting for presidential elections   PURPOSE: To amend the New York State Constitution in order to provide the New York State legislature with the authorization to enact legislation permitting early voting in New York State.   JUSTIFICATION: This November 4, 2008, saw voters turn out in record numbers. One reason for this extraordinary participation was due in part to a voting process known as 'early voting'. Early voting is similar to absentee voting except that no excuse - a reason for not being able to vote in person on Election Day - is neces- sary and required by the laws of New York State. Early voting affords more people an opportunity to participate in elections by providing alternative days, times, places and manners in which to vote before Election Day. It creates an atmosphere for less confusion and congestion, and less disenfranchisement on Election Day. Currently, thirty-two states allow no-excuse pre-Election Day voting, either in-person, via voting machine or by mail. It is estimated that this year alone nearly two-thirds of the nation's voters cast their ballots before Election Day. While the US Constitution established the day for holding federal elections, it deferred the "time, place and manner of those elections" to the states. Article 2 of the New York State Constitution authorized the codification of those procedures. Section 2 of this Article specif- ically speaks to absentee voting, authorizing a particular group of qualified voters - those who will be absent from their county or city of residence or who will be unable to personally appear on Election Day because of an illness or physical disability. In order to expand the opportunity to vote on a day other then Election Day, whether or not the voter is available on Election Day, the Constitution must be amended to include this new group of qualified voters to the list of eligible absentee voters. This bill amends Article 2, Section 9 of the New York State Constitution, the section that is directly related to Presidential Nice Presidential election years.   FISCAL IMPLICATIONS: To be determined.   LEGISLATIVE HISTORY: 2009-10: A.203   EFFECTIVE DATE: Resolved (if the Senate concurs), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with Section 1 of Article 19 of the Constitution, be published for three months previous to the time of such election.
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AB5066 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5066
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2013
                                       ___________
 
        Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
          tee on Election Law
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing an amendment to section 9 of article 2 of the constitution, in
          relation to early voting for presidential elections
 

     1    Section 1. Resolved (if the Senate concur), That section 9 of  article
     2  2 of the constitution be amended to read as follows:
     3    §  9. a. Notwithstanding the residence requirements imposed by section
     4  one of this article,  the  legislature  may,  by  general  law,  provide
     5  special procedures whereby every person who shall have moved from anoth-
     6  er  state  to this state or from one county, city or village within this
     7  state to another county, city or village within this state and who shall
     8  have been an inhabitant of this state in any event for ninety days  next
     9  preceding  an election at which electors are to be chosen for the office
    10  of president and vice president of the United States shall  be  entitled
    11  to  vote in this state solely for such electors, provided such person is
    12  otherwise qualified to vote in this state and is not able to qualify  to

    13  vote  for such electors in any other state. The legislature may also, by
    14  general law, prescribe special procedures whereby every  person  who  is
    15  registered  and  would be qualified to vote in this state but for his or
    16  her removal from this state  to  another  state  within  one  year  next
    17  preceding  such  election shall be entitled to vote in this state solely
    18  for such electors, provided such person is not able to qualify  to  vote
    19  for such electors in any other state.
    20    b.  Notwithstanding  section two of this article, the legislature may,
    21  by general law, for any election at which electors are to be chosen  for
    22  the office of president and vice president of the United States, provide
    23  a manner in which, and the time and place at which, qualified voters may

    24  vote  prior to the date of such election, and for the return and canvass
    25  of their votes.
    26    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    27  referred  to  the  first regular legislative session convening after the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89020-01-3

        A. 5066                             2
 
     1  next succeeding general election of members of  the  assembly,  and,  in
     2  conformity  with  section  1  of  article  19  of  the  constitution, be
     3  published for 3 months previous to the time of such election.
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