A02521 Summary:
BILL NO | A02521B |
  | |
SAME AS | SAME AS S01553-B |
  | |
SPONSOR | Galef (MS) |
  | |
COSPNSR | Paulin, Ortiz, Schimminger, Rivera N, Jaffee, Reilly |
  | |
MLTSPNSR | Boyland, Cahill, Calhoun, Colton, Dinowitz, Duprey, Farrell, Finch, Giglio, Gottfried, Gunther, Jordan, Lifton, Magee, McDonough, McEneny, McKevitt, Miller J, Molinaro, Rabbitt, Rivera J, Rivera P, Robinson, Sayward, Schroeder, Spano, Sweeney, Thiele, Weisenberg |
  | |
Amd S2018-a, Ed L | |
  | |
Relates to the information which must be included on applications for absentee ballots for school district elections. |
A02521 Actions:
BILL NO | A02521B | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/19/2011 | referred to education | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2011 | amend and recommit to education | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2011 | print number 2521a | |||||||||||||||||||||||||||||||||||||||||||||||||
01/04/2012 | referred to education | |||||||||||||||||||||||||||||||||||||||||||||||||
04/13/2012 | amend and recommit to education | |||||||||||||||||||||||||||||||||||||||||||||||||
04/13/2012 | print number 2521b | |||||||||||||||||||||||||||||||||||||||||||||||||
04/26/2012 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
04/26/2012 | advanced to third reading cal.480 | |||||||||||||||||||||||||||||||||||||||||||||||||
04/30/2012 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
04/30/2012 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
04/30/2012 | REFERRED TO EDUCATION |
A02521 Floor Votes:
Yes
Abbate
Yes
Ceretto
ER
Glick
Yes
Lentol
Yes
Murray
Yes
Ryan
Yes
Abinanti
Yes
Clark
Yes
Goldfeder
Yes
Lifton
Yes
Nolan
Yes
Saladino
Yes
Amedore
Yes
Colton
Yes
Goodell
Yes
Linares
Yes
Oaks
Yes
Sayward
Yes
Arroyo
Yes
Conte
Yes
Gottfried
Yes
Lopez PD
Yes
O'Donnell
Yes
Scarborough
Yes
Aubry
Yes
Cook
Yes
Graf
Yes
Lopez VJ
Yes
Ortiz
Yes
Schimel
Yes
Barclay
Yes
Corwin
Yes
Gunther
Yes
Losquadro
Yes
Palmesano
Yes
Schimminger
Yes
Barrett
ER
Crespo
Yes
Hanna
ER
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Barron
Yes
Crouch
Yes
Hawley
Yes
Magee
Yes
Peoples Stokes
Yes
Simotas
Yes
Benedetto
Yes
Curran
Yes
Heastie
Yes
Magnarelli
Yes
Perry
Yes
Skartados
Yes
Blankenbush
Yes
Cusick
ER
Hevesi
Yes
Maisel
Yes
Pretlow
Yes
Smardz
ER
Boyland
Yes
Cymbrowitz
Yes
Hikind
Yes
Malliotakis
Yes
Quart
Yes
Stevenson
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
Markey
Yes
Ra
Yes
Sweeney
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobs
Yes
Mayer
Yes
Rabbitt
Yes
Tedisco
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Tenney
Yes
Brindisi
Yes
Englebright
ER
Jeffries
Yes
McEneny
Yes
Ramos
Yes
Thiele
Yes
Bronson
Yes
Espinal
Yes
Johns
Yes
McKevitt
Yes
Reilich
Yes
Titone
Yes
Brook Krasny
Yes
Farrell
Yes
Jordan
Yes
McLaughlin
Yes
Reilly
Yes
Titus
Yes
Burling
Yes
Finch
Yes
Katz
ER
Meng
Yes
Rivera J
ER
Tobacco
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Miller D
ER
Rivera N
Yes
Walter
Yes
Cahill
Yes
Friend
Yes
Kearns
Yes
Miller JM
Yes
Rivera PM
Yes
Weinstein
Yes
Calhoun
Yes
Gabryszak
Yes
Kellner
Yes
Miller MG
Yes
Roberts
Yes
Weisenberg
Yes
Camara
Yes
Galef
Yes
Kolb
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Canestrari
Yes
Gantt
ER
Lancman
Yes
Montesano
Yes
Rodriguez
ER
Wright
Yes
Castelli
Yes
Gibson
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Zebrowski
Yes
Castro
Yes
Giglio
Yes
Lavine
Yes
Moya
Yes
Russell
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A02521 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 2521--B 2011-2012 Regular Sessions IN ASSEMBLY January 19, 2011 ___________ Introduced by M. of A. GALEF, PAULIN, ORTIZ, SCHIMMINGER, N. RIVERA, JAFFEE, REILLY -- Multi-Sponsored by -- M. of A. BOYLAND, CAHILL, CALHOUN, COLTON, DINOWITZ, DUPREY, FARRELL, FINCH, GIGLIO, GOTTFRIED, GUNTHER, JORDAN, LIFTON, MAGEE, McDONOUGH, McENENY, McKEVITT, J. MILL- ER, RABBITT, J. RIVERA, P. RIVERA, ROBINSON, SAYWARD, SWEENEY, THIELE, WEISENBERG -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 of9such a nature as ordinarily to require such absence, a brief description10of such duties, occupation, business, or studies shall be set forth in11such application. (2) Where such duties, occupation, business, or12studies are not of such a nature as ordinarily to require such absence,13such application shall contain a statement of the special circumstances14on account of which such absence is required.15c. Where the applicant expects in good faith to be absent on the day16of the election because he will be on vacation elsewhere on such day,EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00367-06-2A. 2521--B 2 1such application shall also contain the dates upon which he expects to2begin and end such vacation, the place or places where he expects to be3on such vacation, the name and address of his employer, if any, and if4self-employed or retired, a statement to that effect.5d. Where the absence is because of detention or confinement to jail,6such application shall state whether the voter is detained awaiting7action of the grand jury or is confined after conviction for an offense8other than a felony.9e. Where a person is or would be, if he were a qualified voter, enti-10tled to apply for the right to vote by absentee ballot under the11provisions of this section, his spouse, parent or child, if a qualified12voter and a resident of the same school district, shall be entitled to13vote as an absentee voter upon personally making and signing an applica-14tion in accordance with the preceding provisions of this subdivision and15showing that he expects to be absent from the school district on the day16of the school district election by reason of accompanying or being with17the spouse, child or parent who is or would be, if he were a qualified18voter, so entitled to apply for the right to vote by absentee ballot,19and, in the event no application is made by such spouse, child or20parent, such further information as the board of registration shall21require.22f] A qualified voter may vote as an absentee voter under this section 23 if during all the hours of voting on the day of an election he or she 24 will be: 25 (1) absent from the county of his or her residence; or 26 (2) unable to appear at the polling place because of illness or phys- 27 ical disability, or duties related to the primary care of one or more 28 individuals who are ill or physically disabled, or because he or she 29 will be or is a patient in a hospital; or 30 (3) an inmate or patient of a veteran's administration hospital; or 31 (4) absent from his or her voting residence because he or she is 32 detained in jail awaiting action by a grand jury or awaiting trial, or 33 confined in jail or prison after a conviction for an offense other than 34 a felony, provided that he or she is qualified to vote in the election 35 district of his or her residence. 36 c. Each person entitled to vote as an absentee voter pursuant to this 37 section and desirous of obtaining an absentee ballot shall make written 38 application therefor to the district clerk. Application forms for use 39 pursuant to this section shall be in a form prescribed by the state 40 board of elections. The use of any application which is on a form 41 prescribed by the state board of elections shall be acceptable. 42 d. The application for an absentee ballot when filed must contain in 43 each instance the following information: 44 (1) Applicant's full name, date of birth, and residence address, 45 including the street and number, if any, rural delivery route, if any, 46 mailing address if different from the residence address and an address 47 to which the ballot shall be mailed. 48 (2) A statement that the applicant is a qualified and registered 49 voter. 50 (3) A statement, as appropriate, that on the day of such election the 51 applicant expects in good faith to be in one of the following catego- 52 ries: 53 (a) absent from the county of his or her residence; provided, however, 54 if the applicant expects to be absent from such county for a duration 55 covering more than one election and seeks an absentee ballot for eachA. 2521--B 3 1 election, he or she shall state the dates when he or she expects to 2 begin and end such absence; or 3 (b) unable to appear at a polling place because of illness or physical 4 disability or duties related to the primary care of one or more individ- 5 uals who are ill or physically disabled; or 6 (c) an inmate or patient of a veteran's administration hospital; or 7 (d) detained in jail awaiting action by a grand jury or awaiting trial 8 or confined in jail or prison after a conviction for an offense other 9 than a felony and stating the place where he or she is so detained or 10 confined. 11 e. Such application shall include the following statement to be 12 signed by the voter. 13 I hereby declare that the foregoing is a true statement to the best of 14 my knowledge and belief, and I understand that if I make any material 15 false statement in the foregoing statement of application for absentee 16 ballots, I shall be guilty of a misdemeanor. 17 Date.....................Signature of Voter .......................... 18 [g] f. An applicant whose ability to appear personally at the polling 19 place of the school district of which he or she is a qualified voter is 20 substantially impaired by reason of permanent illness or physical disa- 21 bility and whose registration record has been marked "permanently disa- 22 bled" by the board of elections pursuant to the provisions of the 23 election law shall be entitled to receive an absentee ballot pursuant to 24 the provisions of this section without making separate application for 25 such absentee ballot, and the board of registration upon being advised 26 by the board of elections on or with the list of registered voters that 27 the registration record of a voter is marked "permanently disabled" 28 shall send an absentee ballot to such voter at his last known address 29 with a request to the postal authorities not to forward same but to 30 return same in five days in the event that it cannot be delivered to the 31 addressee. The board of education shall determine whether such ballot 32 shall be sent by first class or by certified mail. All such ballots 33 shall be mailed in the same manner as determined by the board of educa- 34 tion. The board of registration shall make an appropriate entry on the 35 registration indicating the fact that an absentee ballot has been sent 36 and the date of mailing. 37 g. An application must be received by the district clerk no earlier 38 than the thirtieth day before the election for which an absentee ballot 39 is sought. If the application requests that the absentee ballot be 40 mailed, such application must be received not later than seven days 41 before the election. If the applicant or his or her agent delivers the 42 application to the district clerk in person, such application must be 43 received not later than the day before the election. The district clerk 44 shall examine each application and shall determine from the information 45 contained therein whether the applicant is qualified under this section 46 to receive an absentee ballot. 47 h. No later than six days before the election for which an application 48 has been received and for which the district clerk has determined the 49 applicant to be qualified to vote by absentee ballot the district clerk 50 shall mail, by regular mail, an absentee ballot to each qualified appli- 51 cant who has applied before such day and who has requested that such 52 absentee ballot be mailed to him or her at the address set forth in his 53 or her application. If the applicant or his or her agent delivers the 54 application to the district clerk in person after the seventh day beforeA. 2521--B 4 1 the election and not later than the day before the election, the 2 district clerk shall forthwith deliver such absentee ballots for those 3 applicants whom he or she determines are qualified to make such applica- 4 tions and to receive such ballots to such applicants or the agents named 5 in the applications when such applicants or agents appear in the 6 district clerk's office. 7 § 2. This act shall take effect on the ninetieth day after it shall 8 have become a law.