Bill S1368-2013

Clarifies that individuals have the ability to vote by absentee ballot where their maximum sentence of imprisonment has expired

Clarifies that individuals have the ability to vote by absentee ballot in certain elections where their maximum sentence of imprisonment has expired.

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  • Jan 8, 2014: REFERRED TO EDUCATION
  • Jan 9, 2013: REFERRED TO EDUCATION

Memo

BILL NUMBER:S1368

TITLE OF BILL: An act to amend the education law and the town law, in relation to clarifying that individuals have the ability to vote by absentee ballot where their maximum sentence of imprisonment has expired

PURPOSE OR GENERAL IDEA OF BILL: This legislation makes conforming changes to the education law and the town law to ensure that the "statement of the absentee voter" printed on an absentee ballot envelope is consistent with the existing election law provision regarding the ability of a person to vote once they have completed their maximum sentence of imprisonment or have been discharged from parole.

SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 and 2 of the bill make conforming changes to section 2013-a and 2018-b of the education law to ensure that the "statement of absentee voter" printed on the absentee ballot envelope is consistent with existing election law which provides that a person convicted of a felony and incarcerated may vote once they have completed their maximum sentence of imprisonment or have been discharged from parole.

Sections 3, 4 and 5 of the bill make conforming changes to the town law to ensure that the "statement of absentee voter" printed on the absentee ballot envelope is consistent with existing election law which provides that a person convicted of a felony and incarcerated may vote once they have completed their maximum sentence of imprisonment or have been discharged from parole.

Section 6 of provides that the bill shall take effect immediately.

JUSTIFICATION: Election law § 5-106(2) provides that a person convicted of a felony and incarcerated is not eligible to vote. However, such person's right to vote is automatically restored once they have completed their maximum sentence of imprisonment. However, the "statement of absentee voter" printed on the envelope of the absentee ballot pursuant to the education law and town law is confusing because it is not consistent with § 5-106 of the election law. Therefore, this bill amends the education law and town law by adding the language from § 5-106 of the election law to clarify that a person can vote once their maximum sentence of imprisonment has expired or have been discharged from parole.

PRIOR LEGISLATIVE HISTORY: 2009-2010: S.4737-A/A.5190-A - Passed Senate Education Committee/Referred to Assembly Election Law committee 2011-2012: S.376 - Died in Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1368 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law and the town law, in relation to clar- ifying that individuals have the ability to vote by absentee ballot where their maximum sentence of imprisonment has expired THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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, 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 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 OR MY MAXIMUM SENTENCE OF IMPRISON- MENT HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM PAROLE. 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 2. 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, 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 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 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 disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law removing my disability to vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM PAROLE.
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 3. 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 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 OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM PAROLE. 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 4. Paragraph b of subdivision 5 of section 175-b of the town law, as amended by section 11 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 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 OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM PAROLE. 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 5. Paragraph b of subdivision 5 of section 213-b of the town law, as amended 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 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 OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED OR I HAVE BEEN DISCHARGED FROM PAROLE. 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 6. This act shall take effect immediately.

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