STATE OF NEW YORK
________________________________________________________________________
2584
2011-2012 Regular Sessions
IN ASSEMBLY
January 19, 2011
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Introduced by M. of A. GALEF, PHEFFER, CLARK, SCHIMMINGER, PAULIN, BING,
PEOPLES-STOKES, COLTON, MILLMAN, JAFFEE, DINOWITZ -- Multi-Sponsored
by -- M. of A. ABBATE, BOYLAND, CROUCH, FARRELL, SAYWARD -- read once
and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to allowing election
inspectors to vote through the use of an absentee ballot rather than
through the use of a special ballot
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 1 of section 8-400 of the
2 election law, as amended by chapter 63 of the laws of 2010, is amended
3 and a new paragraph (e) is added to read as follows:
4 (d) absent from his or her voting residence because he or she is
5 detained in jail awaiting action by a grand jury or awaiting trial, or
6 confined in jail or prison after a conviction for an offense other than
7 a felony, provided that he or she is qualified to vote in the election
8 district of his or her residence[.]; or
9 (e) unable to appear personally at the polling place of the election
10 district in which he or she is a qualified voter because he or she is a
11 polling inspector at another polling place.
12 § 2. Section 11-302 of the election law, as amended by chapter 163 of
13 the laws of 2010, is amended to read as follows:
14 § 11-302. Special ballots for board of election employees. A person
15 who is an employee of the board of elections or who has been appointed
16 to serve as an inspector of elections, poll clerk or election coordina-
17 tor at a polling place other than the one at which he or she is regis-
18 tered to vote, may deliver to the inspectors of election of the election
19 district in which he or she is registered, or to the board of elections,
20 at any time during the period in which an application for an absentee
21 ballot may be so delivered pursuant to the provisions of this chapter, a
22 written statement that he or she will be unable to appear at the polling
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00607-01-1
A. 2584 2
1 place for such election district on the day of an election because his
2 or her duties as an employee of such board or as an inspector, poll
3 clerk or election coordinator require him or her to be elsewhere. The
4 board of elections shall: (i) provide such voter a special ballot not
5 earlier than two weeks before the election and not later than the close
6 of the polls on election day; or (ii) inform any inspector of elections
7 that he or she may cast his or her vote through the use of an absentee
8 ballot. [Such cast] All such special ballots may be delivered to an
9 office of such board of elections or to any board of inspectors not
10 later than the close of the polls on election day. Such ballots shall be
11 retained at the board of elections and cast and canvassed pursuant to
12 the provisions of section 9-209 of this chapter. Any inspector of
13 elections who chooses to cast his or her vote through an absentee ballot
14 shall comply with the procedures for casting an absentee ballot as
15 provided in article eight of this chapter.
16 § 3. This act shall take effect immediately.
