Extends the right to vote in all elections to aliens lawfully admitted for permanent residence in the United States.
Sponsor: DILAN
Committee: ELECTIONS
Law Section: Election Law
Law: Amd SS5-102, 5-210, 7-122, 7-123, 7-125 & 8-504, El L; amd SS84-a & 213-b, Town L; amd SS2012, 2018-a, 2018-b, 2603 & 2609, Ed L
Law Section: Election Law
Law: Amd SS5-102, 5-210, 7-122, 7-123, 7-125 & 8-504, El L; amd SS84-a & 213-b, Town L; amd SS2012, 2018-a, 2018-b, 2603 & 2609, Ed L
S1339-2011 Actions
- Jan 4, 2012: REFERRED TO ELECTIONS
- Jan 6, 2011: REFERRED TO ELECTIONS
S1339-2011 Memo
BILL NUMBER:S1339 TITLE OF BILL: An act to amend the executive law, in relation to the use of biodiesel fuel in state vehicles PURPOSE OR GENERAL IDEA OF BILL: To mandate the state to use biodiesel in all state vehicles that are operated on diesel. SUMMARY OF SPECIFIC PROVISIONS: Section 1- Establishes the legislative intent of the bill. 201-b: Establishes any vehicle within the state fleet shall be replaced or retrofitted to operate a biodiesel blend at the following levels: a: For January 1, 2014 a five percent blend b: For January 1, 2015 a ten percent blend c: For January 1, 2016 a twenty percent blend JUSTIFICATION: Studies have shown that diesel fumes contain particulate matter which can trigger asthma attacks and other respiratory ailments in children and that levels of diesel fumes are up to four times greater inside a bus than ambient levels. Diesel exhaust is classified as a probable human carcinogen by many government authorities including the state attorney general. In addition, dark particles from diesel fuel have been found embedded in glacial ice contributing to rapid melting of polar ice. It is in the interest of the citizens of this state to reduce the use of diesel fuels by the state and to encourage home-grown fuels that decrease on dependency on foreign oil. PRIOR LEGISLATIVE HISTORY: 05/31/07 Referred to Governmental Operations 01/09/08 Referred to Governmental Operations 05/03/10 Referred to Investigations and Government Operations 01/25/12 Amend and Recommit to Investigations and Government Operations FISCAL IMPLICATIONS: None to State. EFFECTIVE DATE: This act shall take effect immediately.
S1339-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
1339
2011-2012 Regular Sessions
I N SENATE
January 6, 2011
___________
Introduced by Sens. DILAN, DIAZ, PARKER -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law, the town law and the education law, in
relation to the right to vote
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislature hereby finds and declares that the right to
vote is an essential part of membership in the communities which make up
the state of New York. In order to ensure that all persons who perma-
nently and legally reside in our state have a voice and a stake in the
decisions made by the political process, it is necessary and proper to
extend the right to them, as citizens of New York state, to vote in
elections for offices and on issues which affect them.
S 2. Subdivision 1 of section 5-102 of the election law is amended to
read as follows:
1. No person shall be qualified to register for and vote at any
election unless he OR SHE is a citizen of the United States OR AN ALIEN
LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES and is or
will be, on the day of such election, eighteen years of age or over, and
a resident of this state and of the county, city or village for a mini-
mum of thirty days next preceding such election.
S 3. Paragraph (g) of subdivision 5 of section 5-210 of the election
law, as amended by chapter 179 of the laws of 2005, is amended to read
as follows:
(g) Notice that the applicant must be a citizen of the United States
OR AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED
STATES, is or will be at least eighteen years old not later than Decem-
ber thirty-first of the calendar year in which he or she registers and a
resident of the county or city to which application is made.
S 4. Subdivision 8 of section 7-122 of the election law, as amended by
chapter 165 of the laws of 2010, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02677-01-1
S. 1339 2
8. On the reverse side of such inner affirmation envelope shall be
printed the following statement:
AFFIRMATION
I do declare that I am a citizen of the United States OR AN ALIEN
LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, that I
am duly registered in the election district shown on the reverse side of
this envelope and I am qualified to vote in such district; that I will
be unable to appear personally on the day of the election for which this
ballot is voted at the polling place of the election district in which I
am a qualified voter because of the reason given on my application here-
tofore submitted; that I have not qualified nor do I intend to vote
elsewhere, that I have not committed any act nor am I under any imped-
iment which denies me the right to vote.
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 absentee voter, I shall be
guilty of a misdemeanor.
Date.................20..... .....................................
Signature or mark of voter
.....................................
Signature of Witness (required only
if voter does not sign his own name)
.....................................
Address of Witness
S 5. Subdivision 3 of section 7-123 of the election law, as amended by
chapter 104 of the laws of 2010, is amended to read as follows:
3. The board of elections shall furnish an inner affirmation envelope
with each military ballot upon which envelope shall be printed:
BALLOT FOR MILITARY VOTER
AFFIRMATION
I swear or affirm that:
(a) I am a member of the uniformed services or merchant marine on
active duty or an eligible spouse, parent, child or dependent of such a
member, and
(b) I am a United States citizen OR AN ALIEN LAWFULLY ADMITTED FOR
PERMANENT RESIDENCE IN THE UNITED STATES, at least eighteen years of age
(or will be by the day of the election), eligible to vote in the
requested jurisdiction, and
(c) I have neither been convicted of a felony or other disqualifying
offense nor been adjudicated mentally incompetent, or if so, my voting
rights have been reinstated, and
(d) I am not registering, requesting a ballot, or voting in any other
jurisdiction in the United States, and
(e) My signature and date below indicate when I completed this docu-
ment, and
(f) The information on this form is true and complete to the best of
my knowledge.
I understand that a material misstatement of fact in the completion of
this document may constitute grounds for conviction of a crime.
S. 1339 3
Date .......... 20....
................................
Signature or mark of voter
................................
Signature of Witness (required
only if voter does not sign his
or her own name)
................................
Address of Witness
S 6. Subdivision 3 of section 7-125 of the election law, as amended by
chapter 235 of the laws of 2000, is amended to read as follows:
3. On the reverse side of such envelope shall be printed the follow-
ing statement:
STATEMENT OF SPECIAL PRESIDENTIAL VOTER
I do declare I am a qualified special presidential voter of said
district; that I am not qualified and am not able to qualify to vote
elsewhere than as set forth on the reverse side of this envelope; that I
am a citizen of the United States OR AN ALIEN LAWFULLY ADMITTED FOR
PERMANENT RESIDENCE IN THE UNITED STATES; that on the date of the
election for which this ballot is voted, I will be at least eighteen
years of age; and that I have not committed any act, nor am I under any
impediment, which denies me the right to vote.
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, I shall be guilty of a
misdemeanor.
Date..........20......
...............................
Signature or mark of Voter
...............................
Signature of Witness (required
only if voter does not sign his
own name)
...............................
Address of Witness
S 7. Subdivision 3 of section 8-504 of the election law, as renumbered
by chapter 373 of the laws of 1978, is amended to read as follows:
3. After receiving the answers as above specified, of any applicant,
the board shall, if it believes the applicant to be qualified or the
challenge is withdrawn, permit him OR HER to vote. Otherwise, the board
shall point out to him OR HER the qualifications, if any, in respect of
which he OR SHE shall appear deficient. If, after such deficiencies
have been so indicated, the applicant shall persist in his OR HER claim
to vote, an inspector shall administer to him OR HER the following oath,
which shall be known as "The Qualification Oath": "You do swear (or
affirm) that you are eighteen years of age, that you are a citizen of
the United States OR AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE
IN THE UNITED STATES and that you have been a resident of this state,
and of this county (of the city of New York) (village) for thirty days
next preceding this election, that you still reside at the same address
from which you have been duly registered in this election district, that
you have not voted at this election, and that you do not know of any
S. 1339 4
reason why you are not qualified to vote at this election. You do
further declare that you are aware that it is a crime to make any false
statement. That all the statements you have made to the board have been
true and that you understand that a false statement is perjury and you
will be guilty of a misdemeanor."
S 8. Paragraph b of subdivision 5 of section 84-a of the town law, as
amended by section 10 of part LL of chapter 56 of the laws of 2010, is
amended to read as follows:
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States OR
AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES
for thirty days, and will be at least eighteen years of age, on the date
of the special town election; that I will have been a resident of this
state and of the town shown on the reverse side of this envelope for
thirty days next preceding the said election; that I am or on such date
will be, a registered voter of said town; that I will be unable to
appear personally on the day of said special town election at the poll-
ing place of the election district in which I am or will be a qualified
voter because of the reason stated on my application heretofore submit-
ted; that I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed, offered or promised to contribute to
another to be paid or used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote at this
special town election, and have not made any promise to influence the
giving or withholding of any such votes; that I have not made or become
directly or indirectly interested in any bet or wager depending upon the
result of this special town election; and that I have not been convicted
of bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a certificate of relief from
disabilities or a certificate of good conduct pursuant to article twen-
ty-three of the correction law removing my disability to register and
vote.
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 absentee voter, I shall be
guilty of a misdemeanor.
Date.............. Signature of Voter..................
S 9. Paragraph a of subdivision 2 of section 213-b of the town law, as
added by chapter 400 of the laws of 1985, is amended to read as follows:
a. An applicant for such an absentee ballot shall submit an applica-
tion setting forth (1) his OR HER name and residence address, including
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 quali-
fied voter of the district in which OR SHE he resides in that he OR SHE
is or will be, on such date, over eighteen years of age, a citizen of
the United States OR AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE
IN 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
requested because he OR SHE is, or will be on such day (a) a patient in
S. 1339 5
a hospital, or unable to appear personally at the polling place on such
day because of illness or physical disability or (b) because his OR HER
duties, occupation or business will require him OR HER to be outside of
the county or city of his OR HER residence on such day, (c) because he
OR SHE will be on vacation outside the county or city 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 felony. 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 delivered personally to the voter or his OR HER agent.
S 10. Paragraph b of subdivision 5 of section 213-b of the town law,
as added by section 12 of part LL of chapter 56 of the laws of 2010, is
amended to read as follows:
b. On the reverse side of such envelope shall be printed the follow-
ing statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States OR
AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES
for thirty days, and will be at least eighteen years of age, on the date
of the district election; that I will have been a resident of this state
and of the district if any, shown on the reverse side of this envelope
for thirty days next preceding the said election and that I am or on
such date will be, a registered voter of said district; that I will be
unable to appear personally on the day of said district election at the
polling place of the said district in which I am or will be a qualified
voter because of the reason stated on my application heretofore submit-
ted; that I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed, offered or promised to contribute to
another to be paid or used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote at this
district election, and have not made any promise to influence the giving
or withholding of any such votes; that I have not made or become direct-
ly or indirectly interested in any bet or wager depending upon the
result of this district election; and that I have not been convicted of
bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a certificate of relief from
disabilities or a certificate of good conduct pursuant to article twen-
ty-three of the correction law removing my disability to register and
vote.
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 absentee voter, I shall be
guilty of a misdemeanor.
Date............. Signature of Voter ..............................
S 11. Subdivision 1 of section 2012 of the education law, as amended by
chapter 1169 of the laws of 1971, is amended to read as follows:
1. A citizen of the United States OR AN ALIEN LAWFULLY ADMITTED FOR
PERMANENT RESIDENCE IN THE UNITED STATES.
S. 1339 6
S 12. Paragraph a of subdivision 2 of section 2018-a of the education
law, as amended by chapter 136 of the laws of 1991, is amended to read
as follows:
a. An applicant for such an absentee ballot shall submit an applica-
tion setting forth (1) his OR HER name and residence address, including
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 school district
election, a qualified voter of the school 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 OR AN ALIEN LAWFULLY ADMIT-
TED FOR PERMANENT RESIDENCE IN THE UNITED STATES and has or will have
resided in the district for thirty days next preceding such date; (3)
whether he OR SHE is registered in the district; (4) that he OR SHE will
be unable to appear to vote in person on the day of the school district
election for which the absentee ballot is 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 his OR HER duties, occupation, busi-
ness, or studies will require him OR HER to be outside of the county or
city of his OR HER residence on such day, (c) because he OR SHE will be
on vacation outside the county or city 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 clerk 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 delivered
personally to the voter.
S 13. Paragraph b of subdivision 5 of section 2018-a of the education
law, as amended by section 8 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I am a citizen of the United States OR AN ALIEN
LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, and will
be at least eighteen years of age, on the date of the school district
election; that I will have been a resident of this state and of the
school district and school election district, if any, shown on the
reverse side of this envelope for thirty days next preceding the said
election and duly registered in the school district and school election
district, if any, shown on the reverse side of this envelope and that I
am or on such date will be, a qualified voter of said school district;
that I will be unable to appear personally on the day of said school
district election at the polling place of the said district in which I
am or will be a qualified voter because of the reason stated on my
application heretofore submitted; that I have not qualified, or do I
intend to vote, elsewhere than as set forth on the reverse side of this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised to contribute to another to be paid or used, any money or other
valuable thing, as a compensation or reward for the giving or withhold-
ing of a vote at this school district election, and have not made any
promise to influence the giving or withholding of any such votes; that I
S. 1339 7
have not made or become directly or indirectly interested in any bet or
wager depending upon the result of this school district election; and
that I have not been convicted of bribery or any infamous crime, or, if
so convicted, that I have been pardoned or restored to all the rights of
a citizen, without restriction as to the right of suffrage, or received
a certificate of relief from disabilities or a certificate of good
conduct pursuant to article twenty-three of the correction law removing
my disability to register and vote.
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 absentee voter, I shall be
guilty of a misdemeanor.
Date.....................Signature of Voter ..........................
S 14. Paragraph a of subdivision 2 of section 2018-b of the education
law, as amended by chapter 46 of the laws of 1992, is amended to read as
follows:
a. An applicant for such an absentee ballot shall submit an applica-
tion setting forth (1) his OR HER name and residence address, including
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 school district
election, a qualified voter of the school 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 OR AN ALIEN LAWFULLY ADMIT-
TED FOR PERMANENT RESIDENCE IN THE UNITED STATES and has or will have
resided in the district for thirty days next preceding such date; (3)
that he OR SHE will be unable to appear to vote in person on the day of
the school district election for which the absentee ballot is requested
because he OR SHE is, or will be on such day (a) a patient in a hospi-
tal, or unable to appear personally at the polling place on such day
because of illness or physical disability or (b) because his OR HER
duties, occupation, business, or studies will require him OR HER to be
outside of the county or city of his OR HER residence on such day, (c)
because he OR SHE will be on vacation outside the county or city 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 felony. Such application must be received by
the district clerk or designee of the trustees or school board 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 delivered
personally to the voter.
S 15. Paragraph b of subdivision 6 of section 2018-b of the education
law, as amended by section 9 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I am a citizen of the United States OR AN ALIEN
LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, and will
be at least eighteen years of age on the date of the school district
election; that I will have been a resident of this state and of the
school district and school election district, if any, shown on the
S. 1339 8
reverse side of this envelope for thirty days next preceding the said
election and that I am or on such date will be, a qualified voter of
said school district; that I will be unable to appear personally on the
day of said school district election at the polling place of the said
district in which I am or will be a qualified voter because of the
reason stated on my application heretofore submitted; that I have not
qualified, or do I intend to vote, elsewhere than as set forth on the
reverse side of this envelope; that I have not received or offered, do
not expect to receive, have not paid, offered or promised to pay,
contributed, offered or promised to contribute to another to be paid or
used, any money or other valuable thing, as a compensation or reward for
the giving or withholding of a vote at this school district election,
and have not made any promise to influence the giving or withholding of
any such votes; that I have not made or become directly or indirectly
interested in any bet or wager depending upon the result of this school
district election; and that I have not been convicted of bribery or any
infamous crime, or, if so convicted, that I have been pardoned or
restored to all the rights of a citizen, without restriction as to the
right of suffrage, or have received a certificate of relief from disa-
bilities or a certificate of good conduct pursuant to article twenty-
three of the correction law removing my disability to vote.
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 absentee voter, I shall be
guilty of a misdemeanor.
Date....................Signature of Voter ...........................
S 16. Subdivision 1 of section 2603 of the education law, as amended
by chapter 182 of the laws of 1952, is amended to read as follows:
1. A citizen of the United States OR AN ALIEN LAWFULLY ADMITTED FOR
PERMANENT RESIDENCE IN THE UNITED STATES.
S 17. Subdivision 5 of section 2609 of the education law, as amended
by chapter 919 of the laws of 1974, is amended to read as follows:
5. Any qualified voter of a city school district may challenge the
right of a person to vote at the time when he OR SHE requests a ballot.
All persons named upon the applicable register as having been challenged
prior to the day of the election shall also be challenged before they
are given ballots to vote. The chairman of the board of inspectors
shall administer to each person so challenged the following oath: "I do
solemnly swear (or affirm) that I am a citizen of the United States OR
AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES;
that I am of the age of eighteen years or more; that I have been an
inhabitant of the State for the past year, a resident of the county for
the past four months and for the thirty days past an actual resident of
this city school district and am therefore qualified to vote at this
election." If the person challenged so swears or affirms, he OR SHE
shall be permitted to vote at such election; but if he OR SHE shall
refuse to so swear or affirm, he OR SHE shall not be given a ballot or
be permitted to vote.
S 18. 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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