New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A05081 Summary:

A05081 Actions:

A05081 Floor Votes:

A05081 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5081
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  GALEF, PAULIN, ORTIZ, SCHIMMINGER, JAFFEE --
          Multi-Sponsored by -- M.   of A. BOYLAND,  CAHILL,  COLTON,  DINOWITZ,
          DUPREY,  FARRELL,  FINCH,  GIGLIO, GOTTFRIED, GUNTHER, JORDAN, LIFTON,
          MAGEE,  McDONOUGH,  McKEVITT,  RABBITT,  RIVERA,  ROBINSON,   SWEENEY,
          THIELE,  WEISENBERG  --  read  once  and  referred to the Committee on

          Education
 
        AN ACT to amend the education  law,  in  relation  to  applications  for
          absentee ballots for school district elections
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs b, c, d, e, f and g of subdivision 2 of  section
     2  2018-a  of  the  education law, paragraph b as amended by chapter 136 of
     3  the laws of 1991, paragraph c as amended by chapter 26 of  the  laws  of
     4  1994,  paragraph  d  as amended by chapter 72 of the laws of 1988, para-
     5  graphs e and f as added by chapter 219 of the laws of 1978 and paragraph
     6  g as amended by chapter 825 of the laws of 1984, are amended and  a  new
     7  paragraph h, is added to read as follows:
     8    b.  [(1)  Where  such  duties, occupation, business, or studies are of

     9  such a nature as ordinarily to require such absence, a brief description
    10  of such duties, occupation, business, or studies shall be set  forth  in
    11  such  application.  (2)  Where  such  duties,  occupation,  business, or
    12  studies are not of such a nature as ordinarily to require such  absence,
    13  such  application shall contain a statement of the special circumstances
    14  on account of which such absence is required.
    15    c. Where the applicant expects in good faith to be absent on  the  day
    16  of  the  election  because he will be on vacation elsewhere on such day,
    17  such application shall also contain the dates upon which he  expects  to
    18  begin  and end such vacation, the place or places where he expects to be

    19  on such vacation, the name and address of his employer, if any,  and  if
    20  self-employed or retired, a statement to that effect.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04498-01-3
        A. 5081                             2

     1    d.  Where  the absence is because of detention or confinement to jail,
     2  such application shall state whether  the  voter  is  detained  awaiting
     3  action  of the grand jury or is confined after conviction for an offense
     4  other than a felony.
     5    e.  Where a person is or would be, if he were a qualified voter, enti-

     6  tled  to  apply  for  the  right  to  vote  by absentee ballot under the
     7  provisions of this section, his spouse, parent or child, if a  qualified
     8  voter  and  a resident of the same school district, shall be entitled to
     9  vote as an absentee voter upon personally making and signing an applica-
    10  tion in accordance with the preceding provisions of this subdivision and
    11  showing that he expects to be absent from the school district on the day
    12  of the school district election by reason of accompanying or being  with
    13  the  spouse,  child or parent who is or would be, if he were a qualified
    14  voter, so entitled to apply for the right to vote  by  absentee  ballot,
    15  and,  in  the  event  no  application  is  made by such spouse, child or

    16  parent, such further information as  the  board  of  registration  shall
    17  require.
    18    f]  A qualified voter may vote as an absentee voter under this section
    19  if during all the hours of voting on the day of an election  he  or  she
    20  will be:
    21    (1) absent from the county of his or her residence; or
    22    (2)  unable to appear at the polling place because of illness or phys-
    23  ical disability, or duties related to the primary care of  one  or  more
    24  individuals  who  are  ill  or physically disabled, or because he or she
    25  will be or is a patient in a hospital; or
    26    (3) an inmate or patient of a veteran's administration hospital; or
    27    (4) absent from his or her voting  residence  because  he  or  she  is

    28  detained  in  jail awaiting action by a grand jury or awaiting trial, or
    29  confined in jail or prison after a conviction for an offense other  than
    30  a  felony,  provided that he or she is qualified to vote in the election
    31  district of his or her residence.
    32    c. Each person entitled to vote as an absentee voter pursuant to  this
    33  section  and desirous of obtaining an absentee ballot shall make written
    34  application therefor to the district clerk. Application  forms  for  use
    35  pursuant  to  this  section  shall  be in a form prescribed by the state
    36  board of elections. The use of  any  application  which  is  on  a  form
    37  prescribed by the state board of elections shall be acceptable.
    38    d.  The  application for an absentee ballot when filed must contain in

    39  each instance the following information:
    40    (1) Applicant's full name,  date  of  birth,  and  residence  address,
    41  including  the  street and number, if any, rural delivery route, if any,
    42  mailing address if different from the residence address and  an  address
    43  to which the ballot shall be mailed.
    44    (2)  A  statement  that  the  applicant  is a qualified and registered
    45  voter.
    46    (3) A statement, as appropriate, that on the day of such election  the
    47  applicant  expects  in  good faith to be in one of the following catego-
    48  ries:
    49    (a) absent from the county of his or her residence; provided, however,
    50  if the applicant expects to be absent from such county  for  a  duration

    51  covering  more  than  one election and seeks an absentee ballot for each
    52  election, he or she shall state the dates when  he  or  she  expects  to
    53  begin and end such absence; or
    54    (b) unable to appear at a polling place because of illness or physical
    55  disability or duties related to the primary care of one or more individ-
    56  uals who are ill or physically disabled; or
        A. 5081                             3
 
     1    (c) an inmate or patient of a veteran's administration hospital; or
     2    (d) detained in jail awaiting action by a grand jury or awaiting trial
     3  or  confined  in  jail or prison after a conviction for an offense other
     4  than a felony and stating the place where he or she is  so  detained  or
     5  confined.

     6    e.    Such  application  shall  include  the following statement to be
     7  signed by the voter.
     8    I hereby declare that the foregoing is a true statement to the best of
     9  my knowledge and belief, and I understand that if I  make  any  material
    10  false  statement  in the foregoing statement of application for absentee
    11  ballots, I shall be guilty of a misdemeanor.
 
    12    Date.....................Signature of Voter ..........................
 
    13    [g] f.  An applicant whose ability to appear personally at the polling
    14  place of the school district of which he or she is a qualified voter  is
    15  substantially  impaired by reason of permanent illness or physical disa-
    16  bility and whose registration record has been marked "permanently  disa-
    17  bled"  by  the  board  of  elections  pursuant  to the provisions of the

    18  election law shall be entitled to receive an absentee ballot pursuant to
    19  the provisions of this section without making separate  application  for
    20  such  absentee  ballot, and the board of registration upon being advised
    21  by the board of elections on or with the list of registered voters  that
    22  the  registration  record  of  a  voter is marked "permanently disabled"
    23  shall send an absentee ballot to such voter at his  last  known  address
    24  with  a  request  to  the  postal authorities not to forward same but to
    25  return same in five days in the event that it cannot be delivered to the
    26  addressee. The board of education shall determine  whether  such  ballot
    27  shall  be  sent  by  first  class or by certified mail. All such ballots
    28  shall be mailed in the same manner as determined by the board of  educa-
    29  tion.  The  board of registration shall make an appropriate entry on the

    30  registration indicating the fact that an absentee ballot has  been  sent
    31  and the date of mailing.
    32    g.  An  application  must be received by the district clerk no earlier
    33  than the thirtieth day before the election for which an absentee  ballot
    34  is  sought.  If  the  application  requests  that the absentee ballot be
    35  mailed, such application must be received  not  later  than  seven  days
    36  before  the  election. If the applicant or his or her agent delivers the
    37  application to the district clerk in person, such  application  must  be
    38  received  not later than the day before the election. The district clerk
    39  shall examine each application and shall determine from the  information
    40  contained  therein whether the applicant is qualified under this section

    41  to receive an absentee ballot.
    42    h. No later than six days before the election for which an application
    43  has been received and for which the district clerk  has  determined  the
    44  applicant  to be qualified to vote by absentee ballot the district clerk
    45  shall mail, by regular mail, an absentee ballot to each qualified appli-
    46  cant who has applied before such day and who  has  requested  that  such
    47  absentee  ballot be mailed to him or her at the address set forth in his
    48  or her application. If the applicant or his or her  agent  delivers  the
    49  application to the district clerk in person after the seventh day before
    50  the  election  and  not  later  than  the  day  before the election, the

    51  district clerk shall forthwith deliver such absentee ballots  for  those
    52  applicants whom he or she determines are qualified to make such applica-
    53  tions and to receive such ballots to such applicants or the agents named
        A. 5081                             4
 
     1  in  the  applications  when  such  applicants  or  agents  appear in the
     2  district clerk's office.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.