S04329 Summary:

BILL NOS04329
 
SAME ASSAME AS A03601
 
SPONSORFUNKE
 
COSPNSRCOMRIE, DEFRANCISCO, GALLIVAN
 
MLTSPNSR
 
Amd SS5-215, 8-400 & 8-404, El L
 
Eliminates the reference to "inmate" when referring to residents of veteran's administration hospitals for purposes of absentee voting.
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S04329 Actions:

BILL NOS04329
 
03/16/2015REFERRED TO ELECTIONS
04/27/20151ST REPORT CAL.437
04/28/20152ND REPORT CAL.
04/29/2015ADVANCED TO THIRD READING
06/15/2015SUBSTITUTED BY A3601
 A03601 AMEND= Dinowitz
 01/27/2015referred to election law
 03/19/2015reported
 03/20/2015advanced to third reading cal.126
 03/23/2015passed assembly
 03/23/2015delivered to senate
 03/23/2015REFERRED TO ELECTIONS
 06/15/2015SUBSTITUTED FOR S4329
 06/15/2015PASSED SENATE
 06/15/2015RETURNED TO ASSEMBLY
 10/14/2015delivered to governor
 10/26/2015signed chap.375
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S04329 Committee Votes:

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S04329 Floor Votes:

There are no votes for this bill in this legislative session.
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S04329 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4329
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     March 16, 2015
                                       ___________
 
        Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections
 
        AN ACT to amend the election law, in relation to eliminating the  refer-
          ence to "inmate" when referring to residents of veterans health admin-
          istration hospitals for purposes of absentee voting
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1, 5 and 8 of section 5-215  of  the  election
     2  law,  subdivision 1 as amended by chapter 90 of the laws of 1991, subdi-
     3  vision 8 as added by chapter 347 of the laws of 1982, and  such  section
     4  as renumbered by chapter 659 of the laws of 1994, are amended to read as
     5  follows:
     6    1.  The board of elections in the county in which a veterans' hospital
     7  is located shall appoint a board of registration which shall attend each
     8  veterans' hospital between the hours of nine o'clock in the morning  and
     9  five  o'clock in the evening on the seventh Thursday before each general
    10  election and, in the event that it be necessary for  the  completion  of
    11  its  duties,  on  the seventh Friday before such election except that if
    12  any of the religious holidays of  Yom  Kippur,  Rosh  Hashanah,  Simchas
    13  Torah,  Shmini  Atzereth or Succoth shall fall on such days, such regis-
    14  tration shall be held on the next regular business day  which  does  not
    15  fall on any of such religious holidays, and shall receive from [inmates]
    16  residents  or  patients therein, or their spouses, parents and children,
    17  the applications of such of them as  desire  and  are  qualified  to  be
    18  registered by absentee registration.
    19    5.  If  a [Veterans' Administration Hospital] veterans health adminis-
    20  tration hospital in which any veteran entitled to vote in this state  is
    21  [an  inmate]  a resident or patient, is located outside the State of New
    22  York, an application for an absentee ballot signed by  such  veteran  or
    23  his  or  her  spouse,  parent or child accompanying or being with him or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07796-01-5

        S. 4329                             2
 
     1  her, if a qualified voter and a resident of the same election  district,
     2  shall constitute permanent personal registration.
     3    8.  The  board  of  elections shall not be required to send a board of
     4  central registration to each veterans' hospital in such county, pursuant
     5  to the provisions of this section, if, in lieu thereof, it shall provide
     6  such hospital with mail registration  application  forms  in  sufficient
     7  quantity  so that each [inmate] resident or patient of such hospital who
     8  wishes to register will  be  able  to  do  so.  A  complete  application
     9  received  from [an inmate] a resident or patient whose residence is in a
    10  county other than the county in which the hospital is located  shall  be
    11  immediately transmitted to the appropriate board of elections.
    12    §  2.  Paragraph (c) of subdivision 1 of section 8-400 of the election
    13  law, as amended by chapter 63 of the laws of 2010, is amended to read as
    14  follows:
    15    (c) [an inmate] a resident or patient of a [veteran's] veterans health
    16  administration hospital; or
    17    § 3. Subparagraph (iii) of paragraph (c) of subdivision 3  of  section
    18  8-400 of the election law, as amended by chapter 63 of the laws of 2010,
    19  is amended to read as follows:
    20    (iii)  [an  inmate]  a  resident  or patient of a [veteran's] veterans
    21  health administration hospital; or
    22    § 4. Subdivision 1 of section 8-404 of the election law,  the  opening
    23  paragraph  as  amended by chapter 359 of the laws of 1989, paragraph (b)
    24  as amended by chapter 373 of the laws of 1978, is  amended  to  read  as
    25  follows:
    26    1.  After  entering upon the registration records, the application for
    27  registration of [an inmate] a  resident  or  patient  of  a  [veterans']
    28  veterans  health  administration  hospital as to whom the medical super-
    29  intendent or medical head of such hospital has attested that he  or  she
    30  expects that he or she will not be discharged prior to the day following
    31  the  next  general  or special village, primary, special, general or New
    32  York city community school board district  or  city  of  Buffalo  school
    33  district  election,  and the application for registration by the spouse,
    34  parent or child of such [inmate] resident or  patient,  accompanying  or
    35  being  with  him or her, if a qualified voter and a resident of the same
    36  election district, the board of elections, without further investigation
    37  and without further application by the applicant, shall send to  him  or
    38  her  at  such hospital an absentee ballot and shall record in the signa-
    39  ture column on the back of his or her  permanent  personal  registration
    40  poll record that such ballot has been sent.
    41    (a)  Any  voter  who is duly registered and whose registration records
    42  are marked "Hospitalized Veteran" or "Hospitalized  Veteran's  Relative"
    43  need  not thereafter make application for an absentee ballot. Sixty days
    44  before each election, the board of elections shall compile  and  send  a
    45  list  to each [veterans'] veterans health administration hospital of all
    46  [inmates] residents and patients of [veterans'] veterans health adminis-
    47  tration hospitals who appear by the records of such board to be  "hospi-
    48  talized  veterans"  entitled  to  receive  absentee ballots at each such
    49  hospital pursuant to the provisions of this  section.  Each  [veterans']
    50  veterans health administration hospital shall no later than fifteen days
    51  following the receipt of such list, return it with notations made there-
    52  on  showing  whether  the  [inmate]  resident or patient continues to be
    53  confined therein or has been discharged therefrom. Upon the  receipt  of
    54  such  returned list from each [veterans'] veterans health administration
    55  hospital with the proper notations showing that a "hospitalized veteran"
    56  continues to be confined in such hospital, the board  of  elections,  by

        S. 4329                             3
 
     1  mail  addressed  to such "hospitalized veteran" at his or her last known
     2  hospital address and by mail addressed to such  "hospitalized  veteran's
     3  relative" at his or her last known address shall send an absentee ballot
     4  for the ensuing election to such "hospitalized veteran" and such "hospi-
     5  talized  veteran's  relative"  an  absentee ballot in the same manner as
     6  provided [herein] in this section for a qualified voter entitled  to  an
     7  absentee  ballot because of permanent disability. The board shall record
     8  on the back of his or her registration poll record in the space reserved
     9  for his or her signature at such election, the fact that such ballot has
    10  been sent.
    11    (b) If the returned list  from  a  veterans'  administration  hospital
    12  contains  a  notation showing that a "hospitalized veteran" is no longer
    13  [an inmate] a resident or patient at  the  [veterans']  veterans  health
    14  administration  hospital  where  he or she is recorded as staying, or if
    15  such letter containing an absentee voter's ballot  for  a  "hospitalized
    16  veteran"  or a "hospitalized [veterans'] veteran's relative" is returned
    17  by the post office as undeliverable, the board of elections shall ascer-
    18  tain whether the "hospitalized veteran" or "hospitalized veteran's rela-
    19  tive" is residing at the  address  given  on  his  or  her  registration
    20  records as his or her permanent address. If he or she is residing there,
    21  the  board shall not send him or her any further absentee ballots unless
    22  he or she applies therefor in the regular way.  If  he  or  she  is  not
    23  residing  at  the  place  of  residence given on his or her registration
    24  records but the board ascertains that he or she has been transferred  to
    25  another  [veterans']  veterans health administration hospital, the board
    26  shall cause a central board of registration to make the necessary chang-
    27  es of temporary address on his or her  registration  records  and  shall
    28  continue sending him or her absentee ballots at the [veterans'] veterans
    29  health  administration hospital where he or she is staying. If he or she
    30  is not residing at the place of residence given on his or her  registra-
    31  tion  records  and  the  board  cannot ascertain that he or she has been
    32  transferred to another [veterans'] veterans health administration hospi-
    33  tal, the board shall cancel his or her registration.  Whenever a  regis-
    34  tration is cancelled pursuant [hereto] to this paragraph notice shall be
    35  mailed  to  the  veteran  or his or her relative at his or her permanent
    36  residence address and last temporary address.
    37    § 5. This act shall take effect immediately.
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