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.
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.