A2585A-2011 Actions

• Jun 11, 2012: REFERRED TO RULES
• Jun 11, 2012: delivered to senate
• Jun 11, 2012: passed assembly
• Jun 11, 2012: ordered to third reading rules cal.77
• Jun 11, 2012: rules report cal.77
• Jun 11, 2012: reported
• Jun 5, 2012: reported referred to rules
• May 17, 2012: print number 2585d
• May 17, 2012: amend and recommit to local governments
• Apr 24, 2012: print number 2585c
• Apr 24, 2012: amend and recommit to local governments
• Jan 4, 2012: referred to local governments
• Jun 6, 2011: print number 2585b
• Jun 6, 2011: amend and recommit to local governments
• May 31, 2011: print number 2585a
• May 31, 2011: amend and recommit to local governments
• Jan 19, 2011: referred to local governments

A2585A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2585--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 19, 2011
 
 Introduced  by  M.  of  A.  GALEF,  ENGLEBRIGHT,  MAGEE, PAULIN, KOLB -
 Multi-Sponsored by -- M. of A. BOYLAND, CALHOUN, COOK, CROUCH, DUPREY,
 FINCH, GIGLIO, JORDAN, LUPARDO, McKEVITT, J. MILLER, MOLINARO,  ORTIZ,
 REILLY,  ROBINSON,  SAYWARD, SWEENEY, THIELE -- read once and referred
 to the Committee on Local Governments --  committee  discharged,  bill
 amended,  ordered reprinted as amended and recommitted to said commit
 tee
 

AN ACT to amend the town law, in relation to absentee ballots  for  fire
 district elections
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivisions 1 and 2 of section 175-b of the town  law,  as
 amended  by  chapter  401  of  the  laws of 1996, are amended to read as
 follows:

 1. The board of fire commissioners of any fire district in which offi
 cers are elected[, may,  by  resolution,]  SHALL  provide  for  absentee
 ballots  for  fire district elections, in accordance with the provisions
 of this section.  [Such resolution shall take effect at the  first  such
 election held more than sixty days after its adoption and shall continue
 in effect for all such elections until a subsequent resolution providing
 otherwise shall, in like manner, have taken effect.]
 2. a. [An applicant for such an absentee ballot shall submit an appli-
 cation  setting forth (1) his or her name and residence address, includ-
 ing the street and number, if any, or town and rural delivery route,  if
 any;  (2)  that  he  or she is or will be, on the day of the election, a
 qualified voter of the district in which he or she resides in that he or
 she is or will be, on such date, over eighteen years of age,  a  citizen
 of  the  United  States and has or will have resided in the district for
 thirty days next preceding such date; (3) that he or she  is  registered
 in  the  town;  (4)  that  he or she will be unable to appear to vote in
 person on the day of the election  for  which  the  absentee  ballot  is
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00364-02-1
 
       A. 2585--A                          2
 requested  because he or she is, or will be on such day (a) a patient in
 a hospital, or unable to appear personally at the polling place on  such
 day  because  of illness or physical disability or (b) because of his or
 her duties, occupation or business will require him or her to be outside
 of the county of his or her residence on such day, (c) because he or she
 will  be  on vacation outside the county of his or her residence on such
 day; or, (d) absent from his or her voting residence because he  or  she
 is detained in jail awaiting action by a grand jury or awaiting trial or
 is confined in prison after conviction for an offense other than a felo-
 ny.    Such  application  must  be received by the district secretary at
 least seven days before the election if the ballot is to  be  mailed  to
 the voter, or the day before the election, if the ballot is to be deliv-
 ered personally to the voter or his or her agent.
 b.    (1)    Where  such  duties, occupation or business are of such a
 nature as ordinarily to require such absence,  a  brief  description  of
 such  duties,  occupation or business shall be set forth in such affida-
 vit.  (2) Where such duties, occupation or business are not  of  such  a
 nature  as  ordinarily  to  require such absence, such application shall
 contain a statement of the special circumstances  on  account  of  which
 such absence is required.
 c.   Where the applicant expects in good faith to be absent on the day
 of the election because he or she will be on vacation elsewhere on  such
 day,  such application shall also contain the dates upon which he or she
 expects to begin and end such vacation, the place or places where he  or
 she  expects  to be on such vacation, the name and address of his or her
 employer, if any, and if self-employed, a statement to that effect.
 d. Where the absence is because of detention or confinement  to  jail,
 such affidavit shall state whether the voter is detained awaiting action
 of  the  grand jury or is confined after conviction for an offense other
 than a felony.
 e.  Where a person is or would be, if  he  or  she  were  a  qualified
 voter,  entitled to apply for the right to vote by absentee ballot under
 the provisions of this section, his or her spouse, parent or child, if a
 qualified voter and a resident of the same district, shall  be  entitled
 to  vote  as  an  absentee  voter  upon personally making and signing an
 application in accordance with the preceding provisions of this subdivi-
 sion and showing that he or she expects to be absent from  the  district
 on  the  day of the district election by reason of accompanying or being
 with the spouse, child or parent who is or would be, if he or she were a
 qualified voter, so entitled to apply for the right to vote by  absentee
 ballot,  and,  in the event no application is made by such spouse, child
 or parent, such further information as the fire district shall require.
 f.] A QUALIFIED VOTER MAY VOTE AS AN ABSENTEE VOTER UNDER THIS SECTION
 IF DURING ALL THE HOURS OF VOTING ON THE DAY OF A FIRE DISTRICT ELECTION
 HE OR SHE WILL BE:

 (1) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; OR
 (2) UNABLE TO APPEAR AT THE POLLING PLACE BECAUSE OF ILLNESS OR  PHYS
 ICAL  DISABILITY,  OR  DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE
 INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED, OR  BECAUSE  HE  OR  SHE
 WILL BE OR IS A PATIENT IN A HOSPITAL; OR
 (3) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
 (4)  ABSENT  FROM  HIS  OR  HER  VOTING RESIDENCE BECAUSE HE OR SHE IS
 DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING  TRIAL,  OR
 CONFINED  IN JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER THAN
 A FELONY, PROVIDED THAT HE OR SHE IS QUALIFIED TO VOTE IN  THE  ELECTION
 DISTRICT OF HIS OR HER RESIDENCE.
 
       A. 2585--A                          3
 B.  EACH PERSON ENTITLED TO VOTE AS AN ABSENTEE VOTER PURSUANT TO THIS
 SECTION AND DESIROUS OF OBTAINING AN ABSENTEE BALLOT SHALL MAKE  WRITTEN
 APPLICATION  THEREFOR  TO  THE DISTRICT SECRETARY. APPLICATION FORMS FOR
 USE PURSUANT TO THIS SECTION SHALL BE IN A FORM PRESCRIBED BY THE  STATE
 BOARD  OF  ELECTIONS.  THE  USE  OF  ANY  APPLICATION WHICH IS ON A FORM
 PRESCRIBED BY THE STATE BOARD OF ELECTIONS  SHALL  BE  ACCEPTABLE.  Such
 application  shall  include  the following statement to be signed by the
 voter.
 I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false  statement  in the foregoing statement of application for absentee
 ballots, I shall be guilty of a misdemeanor.
 Date.....................Signature of Voter.............
 [g.] C. THE APPLICATION FOR AN ABSENTEE BALLOT WHEN FILED MUST CONTAIN
 IN EACH INSTANCE THE FOLLOWING INFORMATION:

 (1) APPLICANT'S FULL NAME,  DATE  OF  BIRTH,  AND  RESIDENCE  ADDRESS,
 INCLUDING  THE  STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE, IF ANY,
 MAILING ADDRESS IF DIFFERENT FROM THE RESIDENCE ADDRESS AND  AN  ADDRESS
 TO WHICH THE BALLOT SHALL BE MAILED.
 (2)  A  STATEMENT  THAT  THE  APPLICANT  IS A QUALIFIED AND REGISTERED
 VOTER.
 (3) A STATEMENT, AS APPROPRIATE, THAT ON THE DAY OF SUCH ELECTION  THE
 APPLICANT  EXPECTS  IN  GOOD FAITH TO BE IN ONE OF THE FOLLOWING CATEGO
 RIES:

 (A) ABSENT FROM THE COUNTRY OF HIS OR HER RESIDENCE; PROVIDED,  HOWEV
 ER,  IF  THE APPLICANT EXPECTS TO BE ABSENT FROM SUCH COUNTY FOR A DURA
 TION COVERING MORE THAN ONE ELECTION AND SEEKS AN  ABSENTEE  BALLOT  FOR
 EACH ELECTION, HE OR SHE SHALL STATE THE DATES WHEN HE OR SHE EXPECTS TO
 BEGIN AND END SUCH ABSENCE; OR
 (B) UNABLE TO APPEAR AT A POLLING PLACE BECAUSE OF ILLNESS OR PHYSICAL
 DISABILITY OR DUTIES RELATED TO THE PRIMARY CARE OF ONE OR MORE INDIVID
 UALS WHO ARE ILL OR PHYSICALLY DISABLED; OR
 (C) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
 (D) DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL
 OR  CONFINED  IN  JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER
 THAN A FELONY AND STATING THE PLACE WHERE HE OR SHE IS  SO  DETAINED  OR
 CONFINED.
 (4) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN
 TEE  BALLOT FOR EITHER A PRIMARY ELECTION OR THE GENERAL ELECTION IN ANY
 YEAR AND FOR THOSE PERSONS WHO WILL BE CONTINUOUSLY  ABSENT  FROM  THEIR
 COUNTY  OF RESIDENCE DURING THE PERIOD BETWEEN THE FALL PRIMARY ELECTION
 AND THE GENERAL ELECTION IN ANY YEAR TO APPLY FOR BALLOTS FOR BOTH  SUCH
 ELECTIONS IN SUCH YEAR. A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT SHALL
 BE  SENT  AN  ABSENTEE BALLOT FOR ANY SPECIAL ELECTION OR WINTER PRIMARY
 THAT OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLICATION.
 D. An applicant whose ability to  appear  personally  at  the  polling
 place  of  the  district  of  which  he  or  she is a qualified voter is
 substantially impaired by reason of permanent illness or physical  disa
 bility  and whose registration record has been marked "permanently disa
 bled" by the board of  elections  pursuant  to  the  provisions  of  the
 election law shall be entitled to receive an absentee ballot pursuant to
 the  provisions  of this section without making separate application for
 such absentee ballot, and the secretary of the fire district, upon being
 advised by the board of elections on or  with  the  list  of  registered
 voters  that  the  registration record of a voter is marked "permanently
 disabled", shall send an absentee ballot to such voter  at  his  or  her
 
       A. 2585--A                          4
 last  known  address  by  first  class mail with a request to the postal
 authorities not to forward same but to return same in five days  in  the
 event  that  it  cannot  be  delivered  to the addressee.   The election
 inspectors  of  the fire district shall make an appropriate entry on the
 registration record indicating the fact that an absentee ballot has been
 sent and the date of mailing.
 E. AN APPLICATION MUST BE RECEIVED BY THE DISTRICT SECRETARY NO EARLI
 ER THAN THE THIRTIETH DAY BEFORE THE  ELECTION  FOR  WHICH  AN  ABSENTEE
 BALLOT  IS  SOUGHT. IF THE APPLICATION REQUESTS THAT THE ABSENTEE BALLOT
 BE MAILED, SUCH APPLICATION MUST BE RECEIVED NOT LATER THAN  SEVEN  DAYS
 BEFORE  THE  ELECTION. IF THE APPLICANT OR HIS OR HER AGENT DELIVERS THE
 APPLICATION TO THE DISTRICT SECRETARY IN PERSON, SUCH  APPLICATION  MUST
 BE  RECEIVED  NOT  LATER  THAN THE DAY BEFORE THE ELECTION. THE DISTRICT
 SECRETARY SHALL EXAMINE EACH APPLICATION AND SHALL  DETERMINE  FROM  THE
 INFORMATION  CONTAINED  THEREIN WHETHER THE APPLICANT IS QUALIFIED UNDER
 THIS SECTION TO RECEIVE AN ABSENTEE BALLOT.
 F. NO LATER THAN SIX DAYS BEFORE THE ELECTION FOR WHICH AN APPLICATION
 HAS BEEN RECEIVED AND FOR WHICH THE DISTRICT  SECRETARY  HAS  DETERMINED
 THE  APPLICANT  TO  BE QUALIFIED TO VOTE BY ABSENTEE BALLOT THE DISTRICT
 SECRETARY SHALL MAIL, BY REGULAR MAIL, AN ABSENTEE BALLOT TO EACH QUALI
 FIED APPLICANT WHO HAS APPLIED BEFORE SUCH DAY  AND  WHO  HAS  REQUESTED
 THAT  SUCH  ABSENTEE  BALLOT  BE MAILED TO HIM OR HER AT THE ADDRESS SET
 FORTH IN HIS OR HER APPLICATION. IF THE APPLICANT OR HIS  OR  HER  AGENT
 DELIVERS  THE  APPLICATION TO THE DISTRICT SECRETARY IN PERSON AFTER THE
 SEVENTH DAY BEFORE THE ELECTION AND NOT LATER THAN THE  DAY  BEFORE  THE
 ELECTION,  THE  DISTRICT SECRETARY SHALL FORTHWITH DELIVER SUCH ABSENTEE
 BALLOTS FOR THOSE APPLICANTS WHOM HE OR SHE DETERMINES ARE QUALIFIED  TO
 MAKE SUCH APPLICATIONS AND TO RECEIVE SUCH BALLOTS TO SUCH APPLICANTS OR
 THE  AGENTS  NAMED  IN  THE  APPLICATIONS WHEN SUCH APPLICANTS OR AGENTS
 APPEAR IN THE DISTRICT SECRETARY'S OFFICE.
 

S 2. This act shall take effect on the first of January next  succeed
 ing the date on which it shall have become a law.

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