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A03394 Summary:

A03394 Actions:

A03394 Floor Votes:

A03394 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3394
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 25, 2013
                                       ___________
 
        Introduced  by  M.  of  A. AUBRY, COOK, CRESPO, HEASTIE, PEOPLES-STOKES,
          PRETLOW, ROBERTS -- Multi-Sponsored by -- M. of  A.  RAMOS,  ROBINSON,
          RODRIGUEZ -- read once and referred to the Committee on Election Law
 
        AN ACT to amend the education law and the town law, in relation to clar-
          ifying  that  individuals  have the ability to vote by absentee ballot

          where their maximum sentence of imprisonment has expired
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  b  of  subdivision  5 of section 2018-a of the
     2  education law, as amended by section 8 of part LL of chapter 56  of  the
     3  laws of 2010, is amended to read as follows:
     4    b. On the reverse side of such envelope shall be printed the following
     5  statement:
 
     6                         STATEMENT OF ABSENTEE VOTER
 
     7    I  do declare that I am a citizen of the United States, and will be at
     8  least eighteen years  of  age,  on  the  date  of  the  school  district
     9  election;  that  I  will  have  been a resident of this state and of the
    10  school district and school election  district,  if  any,  shown  on  the
    11  reverse  side  of  this envelope for thirty days next preceding the said

    12  election and duly registered in the school district and school  election
    13  district,  if any, shown on the reverse side of this envelope and that I
    14  am or on such date will be, a qualified voter of said  school  district;
    15  that  I  will  be  unable to appear personally on the day of said school
    16  district election at the polling place of the said district in  which  I
    17  am  or  will  be  a  qualified  voter because of the reason stated on my
    18  application heretofore submitted; that I have not  qualified,  or  do  I
    19  intend  to vote, elsewhere than as set forth on the reverse side of this
    20  envelope; that I have not received or offered, do not expect to receive,
    21  have not paid, offered or promised to pay, contributed, offered or prom-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

                                                                   LBD03982-01-3
        A. 3394                             2
 
     1  ised to contribute to another to be paid or used,  any  money  or  other
     2  valuable  thing, as a compensation or reward for the giving or withhold-
     3  ing of a vote at this school district election, and have  not  made  any
     4  promise to influence the giving or withholding of any such votes; that I
     5  have  not made or become directly or indirectly interested in any bet or
     6  wager depending upon the result of this school  district  election;  and
     7  that  I have not been convicted of bribery or any infamous crime, or, if
     8  so convicted, that I have been pardoned or restored to all the rights of
     9  a citizen, without restriction as to the right of suffrage, or  received
    10  a  certificate  of  relief  from  disabilities  or a certificate of good

    11  conduct pursuant to article twenty-three of the correction law  removing
    12  my  disability  to register and vote or my maximum sentence of imprison-
    13  ment has expired or I have been discharged from parole.
    14    I hereby declare that the foregoing is a true statement to the best of
    15  my knowledge and belief, and I understand that if I  make  any  material
    16  false statement in the foregoing statement of absentee voter, I shall be
    17  guilty of a misdemeanor.
 
    18    Date.....................Signature of Voter ..........................
 
    19    §  2.  Paragraph b of subdivision 6 of section 2018-b of the education
    20  law, as amended by section 9 of part LL of chapter 56  of  the  laws  of
    21  2010, is amended to read as follows:
    22    b. On the reverse side of such envelope shall be printed the following
    23  statement:
 
    24                         STATEMENT OF ABSENTEE VOTER
 

    25    I  do declare that I am a citizen of the United States, and will be at
    26  least eighteen years of age on the date of the school district election;
    27  that I will have been a  resident  of  this  state  and  of  the  school
    28  district and school election district, if any, shown on the reverse side
    29  of  this  envelope  for thirty days next preceding the said election and
    30  that I am or on such date will be, a  qualified  voter  of  said  school
    31  district;  that I will be unable to appear personally on the day of said
    32  school district election at the polling place of the  said  district  in
    33  which  I am or will be a qualified voter because of the reason stated on
    34  my application heretofore submitted; that I have not qualified, or do  I
    35  intend  to vote, elsewhere than as set forth on the reverse side of this
    36  envelope; that I have not received or offered, do not expect to receive,

    37  have not paid, offered or promised to pay, contributed, offered or prom-
    38  ised to contribute to another to be paid or used,  any  money  or  other
    39  valuable  thing, as a compensation or reward for the giving or withhold-
    40  ing of a vote at this school district election, and have  not  made  any
    41  promise to influence the giving or withholding of any such votes; that I
    42  have  not made or become directly or indirectly interested in any bet or
    43  wager depending upon the result of this school  district  election;  and
    44  that  I have not been convicted of bribery or any infamous crime, or, if
    45  so convicted, that I have been pardoned or restored to all the rights of
    46  a citizen, without restriction as to the  right  of  suffrage,  or  have
    47  received  a  certificate of relief from disabilities or a certificate of
    48  good conduct pursuant to article  twenty-three  of  the  correction  law

    49  removing  my  disability  to vote or my maximum sentence of imprisonment
    50  has expired or I have been discharged from parole.
        A. 3394                             3
 
     1    I hereby declare that the foregoing is a true statement to the best of
     2  my knowledge and belief, and I understand that if I  make  any  material
     3  false statement in the foregoing statement of absentee voter, I shall be
     4  guilty of a misdemeanor.
 
     5    Date....................Signature of Voter ...........................
 
     6    §  3. Paragraph b of subdivision 5 of section 84-a of the town law, as
     7  amended by section 10 of part LL of chapter 56 of the laws of  2010,  is
     8  amended to read as follows:
     9    b. On the reverse side of such envelope shall be printed the following
    10  statement:
    11                          STATEMENT OF ABSENTEE VOTER

    12    I  do declare that I will have been a citizen of the United States for
    13  thirty days, and will be at least eighteen years of age, on the date  of
    14  the  special  town  election;  that  I will have been a resident of this
    15  state and of the town shown on the reverse side  of  this  envelope  for
    16  thirty  days next preceding the said election; that I am or on such date
    17  will be, a registered voter of said town;  that  I  will  be  unable  to
    18  appear  personally on the day of said special town election at the poll-
    19  ing place of the election district in which I am or will be a  qualified
    20  voter  because of the reason stated on my application heretofore submit-
    21  ted; that I have not qualified, or do I intend to vote,  elsewhere  than
    22  as  set  forth  on  the  reverse  side of this envelope; that I have not
    23  received or offered, do not expect to receive, have not paid, offered or

    24  promised to pay, contributed,  offered  or  promised  to  contribute  to
    25  another  to  be  paid  or  used, any money or other valuable thing, as a
    26  compensation or reward for the giving or withholding of a vote  at  this
    27  special  town  election,  and have not made any promise to influence the
    28  giving or withholding of any such votes; that I have not made or  become
    29  directly or indirectly interested in any bet or wager depending upon the
    30  result of this special town election; and that I have not been convicted
    31  of  bribery or any infamous crime, or, if so convicted, that I have been
    32  pardoned or restored to all the rights of a citizen, without restriction
    33  as to the right of suffrage, or received a certificate  of  relief  from
    34  disabilities  or a certificate of good conduct pursuant to article twen-
    35  ty-three of the correction law removing my disability  to  register  and

    36  vote  or  my maximum sentence of imprisonment has expired or I have been
    37  discharged from parole.
    38    I hereby declare that the foregoing is a true statement to the best of
    39  my knowledge and belief, and I understand that if I  make  any  material
    40  false statement in the foregoing statement of absentee voter, I shall be
    41  guilty of a misdemeanor.
    42      Date.............. Signature of Voter..................
    43    § 4. Paragraph b of subdivision 5 of section 175-b of the town law, as
    44  amended  by  section 11 of part LL of chapter 56 of the laws of 2010, is
    45  amended to read as follows:
    46    b.  On the reverse side of such envelope shall be printed the  follow-
    47  ing statement:
    48                         STATEMENT OF ABSENTEE VOTER
    49    I  do declare that I will have been a citizen of the United States for

    50  thirty days, and will be at least eighteen years of age, on the date  of
    51  the  district  election;  that I will have been a resident of this state
    52  and of the district if any, shown on the reverse side of  this  envelope
    53  for  thirty  days  next  preceding the said election and that I am or on
    54  such date will be, a registered voter of said district; that I  will  be
        A. 3394                             4
 
     1  unable  to appear personally on the day of said district election at the
     2  polling place of the said district in which I am or will be a  qualified
     3  voter  because of the reason stated on my application heretofore submit-
     4  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
     5  as set forth on the reverse side of  this  envelope;  that  I  have  not
     6  received or offered, do not expect to receive, have not paid, offered or

     7  promised  to  pay,  contributed,  offered  or  promised to contribute to
     8  another to be paid or used, any money or  other  valuable  thing,  as  a
     9  compensation  or  reward for the giving or withholding of a vote at this
    10  district election, and have not made any promise to influence the giving
    11  or withholding of any such votes; that I have not made or become direct-
    12  ly or indirectly interested in any  bet  or  wager  depending  upon  the
    13  result  of this district election; and that I have not been convicted of
    14  bribery or any infamous crime, or, if so convicted,  that  I  have  been
    15  pardoned or restored to all the rights of a citizen, without restriction
    16  as  to  the  right of suffrage, or received a certificate of relief from
    17  disabilities or a certificate of good conduct pursuant to article  twen-
    18  ty-three  of  the  correction law removing my disability to register and

    19  vote or my maximum sentence of imprisonment has expired or I  have  been
    20  discharged from parole.
    21    I hereby declare that the foregoing is a true statement to the best of
    22  my  knowledge  and  belief, and I understand that if I make any material
    23  false statement in the foregoing statement of absentee voter, I shall be
    24  guilty of a misdemeanor.
    25    Date..............Signature of Voter..................
    26    § 5. Paragraph b of subdivision 5 of section 213-b of the town law, as
    27  amended by section 12 of part LL of chapter 56 of the laws of  2010,  is
    28  amended to read as follows:
    29    b.   On the reverse side of such envelope shall be printed the follow-
    30  ing statement:
    31                          STATEMENT OF ABSENTEE VOTER
 
    32    I do declare that I will have been a citizen of the United States  for

    33  thirty  days, and will be at least eighteen years of age, on the date of
    34  the district election; that I will have been a resident  of  this  state
    35  and  of  the district if any, shown on the reverse side of this envelope
    36  for thirty days next preceding the said election and that  I  am  or  on
    37  such  date  will be, a registered voter of said district; that I will be
    38  unable to appear personally on the day of said district election at  the
    39  polling  place of the said district in which I am or will be a qualified
    40  voter because of the reason stated on my application heretofore  submit-
    41  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
    42  as set forth on the reverse side of  this  envelope;  that  I  have  not
    43  received or offered, do not expect to receive, have not paid, offered or
    44  promised  to  pay,  contributed,  offered  or  promised to contribute to

    45  another to be paid or used, any money or  other  valuable  thing,  as  a
    46  compensation  or  reward for the giving or withholding of a vote at this
    47  district election, and have not made any promise to influence the giving
    48  or withholding of any such votes; that I have not made or become direct-
    49  ly or indirectly interested in any  bet  or  wager  depending  upon  the
    50  result  of this district election; and that I have not been convicted of
    51  bribery or any infamous crime, or, if so convicted,  that  I  have  been
    52  pardoned or restored to all the rights of a citizen, without restriction
    53  as  to  the  right of suffrage, or received a certificate of relief from
    54  disabilities or a certificate of good conduct pursuant to article  twen-
    55  ty-three  of  the  correction law removing my disability to register and
        A. 3394                             5
 

     1  vote or my maximum sentence of imprisonment has expired or I  have  been
     2  discharged from parole.
     3    I hereby declare that the foregoing is a true statement to the best of
     4  my  knowledge  and  belief, and I understand that if I make any material
     5  false statement in the foregoing statement of absentee voter, I shall be
     6  guilty of a misdemeanor.
     7       Date............. Signature of Voter ..............................
     8    § 6. This act shall take effect immediately.