Bill S424-2013

Provides early voting for a candidate in a general election no sooner than twenty days and no later than five days prior to election day at county board of elections

Provides to any person early voting for a candidate for public office in a general election to take place no sooner than twenty days and no later than five days prior to election day, and for a special election to take place no sooner than eight days and no later than two days prior to election day; and such voting shall take place at such person's county board of elections.

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

Memo

BILL NUMBER:S424

TITLE OF BILL: An act to amend the election law, in relation to providing for early voting

PURPOSE: Establishes a program of early voting prior to a primary, general, or special election.

SUMMARY OF PROVISIONS: Amends the New York State Election Law by adding a new section 8-600 to provide for early voting twenty days prior to a primary or general election and eight days prior to a special election.

EXISTING LAW: Current law provides for voting to occur on the first Tuesday following the first Monday in the month of November- Additionally, the State constitution provides for absentee voting prior to election day in limited circumstances, as provided for by statute.

JUSTIFICATION: Early voting is a progressive concept that has been spreading throughout the country over the last several years in an effort to increase citizen involvement and turnout in elections. This concept differs from absentee voting in that voters may visit an election official's office, or in some states other satellite voting locations and cast a vote in person without offering an excuse for not being able to vote on election day. These locations vary and in some states include grocery stores, shopping malls, schools, and libraries. Early voting is generally conducted on the same voting equipment used in the regular election, as opposed to absentee voting, which is conducted on mail-in paper ballots.

The time period for early voting also varies by state, but in most cases is available during a period of 10-14 days before the election and generally ends the Friday or Saturday immediately preceding the election.

At this point in time, about half the states, twenty-seven to be exact, offer some form of "no excuse required" early voting. A specific breakdown of some of the larger states follows with a short description of what their statute provides for:

California - Permits no excuse early voting starting 29 days prior to election See Cal Elect. Code 3018

Florida - Permits no excuse early voting starting 15 days before an election See Fla Statute Title 9 Ch 101.657

Illinois - Permits no excuse early voting starting 22 days before an election and ending 5 days before the election. A permanent polling place for early voting must remain open during the hours of 8:30-4:30 pm. See 10111. Comp Stat. Ann 5/19-1

Louisiana- Permits no excuse early voting starting twelve days from the election and ending six days prior to. See La Rev. Stat. 18-303(B) Maine

- Permits no excuse required voting. A voter may go in person to vote at the clerk's office as soon as absentee ballots are available (typically available 30-45 days prior). See Maine Rev. Stat. Title 21A 9-753(13)8

North Carolina- Referred to as 'one stop voting' with no excuse required. Begins no earlier than the third Thursday before the election and continues through the Saturday before election day. Voter must appear at the county board of elections to exercise this option. See N C Gen. Stat 163-227.2

Texas - Permits no excuse required starting seventeen days before each election and ends four days before each election. See Tex. Elec Code 81.001

Vermont - Permits in person early voting with no excuse required. Voting starts thirty days before the primary or general election. See Vt.. Stat. 17 KS A. 2531

This bill seeks to introduce early voting to New York by providing a means in which citizens can vote early at their local board of elections up to twenty days before the actual election. In order to exercise this privilege any registered voter can show up at their local board of elections, fill out a form similar to that used to request an absentee ballot and proceed to vote on a voting machine right there at the board. The bill would also allow alternate designations to be used as established by the local board should the popularity for the program in any given county be significant.

LEGISLATIVE HISTORY: 2011/12: S.1333 2009/10: S.1425/A.1954 2007/08: S.1425

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 424 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. DILAN -- 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 providing for early voting THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 8 of the election law is amended by adding a new title 6 to read as follows: TITLE VI EARLY VOTING SECTION 8-600. EARLY VOTING PROCEDURES. 8-602. APPLICATION FOR EARLY VOTING. 8-604. STATE BOARD OF ELECTIONS; POWERS AND DUTIES OF. S 8-600. EARLY VOTING PROCEDURES. 1. NO SOONER THAN TWENTY BUSINESS DAYS AND NO LATER THAN FIVE BUSINESS DAYS PRIOR TO THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER OF EACH ELECTION YEAR, AS DESIG- NATED ELECTION DAY, A PERSON MAY, UPON COMPLETION OF A FORMAL WRITTEN APPLICATION, VOTE FOR A CANDIDATE FOR PUBLIC OFFICE IN A GENERAL ELECTION, AND SUCH EARLY VOTING PRACTICE SHALL TAKE PLACE AT SUCH PERSON'S COUNTY BOARD OF ELECTIONS, OR AN ALTERNATIVE LOCATION AS OTHER- WISE DESIGNATED BY THE STATE BOARD OF ELECTIONS, OR AS DESIGNATED BY AND THROUGH A COUNTY BOARD OF ELECTIONS UNDER THE POWERS GRANTED PURSUANT TO THIS SECTION ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION. FOR PURPOSES OF A PRIMARY ELECTION, SUCH EARLY VOTING SHALL TAKE PLACE NO SOONER THAN TWENTY BUSINESS DAYS AND NO LATER THAN FIVE BUSINESS DAYS PRIOR TO SUCH ELECTION DAY. FOR PURPOSES OF A SPECIAL ELECTION, SUCH EARLY VOTING SHALL TAKE PLACE NO SOONER THAN EIGHT BUSINESS DAYS AND NO LATER THAN TWO BUSINESS DAYS PRIOR TO SUCH ELECTION DAY. 2. EACH COUNTY BOARD OF ELECTIONS SHALL PUBLISH NOTICE OF THE DATE, TIME, AND MANNER OF SUCH EARLY VOTING PRACTICE FOR GENERAL, PRIMARY AND
SPECIAL ELECTIONS BY A NEWSPAPER OF GENERAL CIRCULATION THIRTY DAYS PRIOR TO COMMENCEMENT OF THE FIRST DAY OF SUCH EARLY VOTING FOR GENERAL OR SPECIAL ELECTIONS. 3. SUCH VOTING PROCEDURE SHALL BE MONITORED AND ADMINISTERED BY TWO DULY DESIGNATED PERSONS, ONE FROM EACH MAJOR POLITICAL PARTY, AND SUCH VOTING SHALL FOLLOW AND CONFORM TO ALL OTHER PROCEDURES, MEASURES AND REQUIREMENTS OF CASTING A VOTE BY A VOTING MACHINE AS PRESCRIBED PURSU- ANT TO THIS CHAPTER. ALL VOTES CAST WITHIN THE EARLY VOTING PERIOD SHALL BE COUNTED ON ELECTION DAY WITH ALL OTHER VOTES CAST FOR SUCH CANDIDATES AND IN THE SAME MANNER AS PRESCRIBED IN ARTICLE NINE OF THIS CHAPTER. S 8-602. APPLICATION FOR EARLY VOTING. 1. THE COUNTY BOARD OF ELECTIONS SHALL FURNISH ONE APPLICATION FOR EARLY VOTING TO ANY VOTER WHO PERSONALLY APPEARS AND WISHES TO EXERCISE THIS RIGHT. UPON COMPLETION OF SUCH APPLICATION, TWO DULY DESIGNATED EMPLOYEES OF THE COUNTY BOARD OF ELECTIONS, ONE FROM EACH MAJOR POLITICAL PARTY REPRES- ENTED, SHALL COMPARE THE INFORMATION OF THE VOTER WITH THE SIGNATURE ON THE VOTER'S PERMANENT REGISTRATION RECORD, OR OTHER EVIDENCE OF IDEN- TIFICATION IF COMPUTERIZED DUPLICATE REGISTRATION RECORDS ARE USED, AND SHALL ENDORSE ON THE APPLICATION THAT SUCH REVIEW HAS BEEN COMPLETED. THE RESULTS OR TABULATION OF VOTES CAST DURING AN EARLY VOTING PERIOD SHALL NOT BE MADE BEFORE THE CLOSE OF ALL POLLING PLACES ON ELECTION DAY AND RESULTS SHALL BE REPORTED BY PRECINCT. BALLOTS USED IN EARLY VOTING SHALL BE, AS NEARLY AS PRACTICABLE, THE SAME FORM AS THOSE USED ON ELECTION DAY. 2. THE APPLICATION FOR EARLY VOTING SHALL REQUIRE AND INCLUDE THE FOLLOWING IDENTIFYING INFORMATION: (A) THE DATE OF THE ELECTION, (B) NAME OF THE COUNTY, OR NAME OF A CITY IF THERE BE A SEPARATE BALLOT FOR CITY VOTERS, (C) THE NAME OF THE VOTER, (D) RESIDENCE OF VOTER, (E) NUMBER OF THE ASSEMBLY DISTRICT, IF ANY, (F) NAME OF TOWN, NUMBER OF WARD, IF ANY, AND (G) ELECTION DISTRICT AND PARTY ENROLLMENT. THERE SHALL BE A PLACE FOR TWO SIGNATURES OF PERSONS DESIGNATED TO INSPECT, ONE FROM EACH MAJOR POLITICAL PARTY, THAT SUCH PERSONS HAVE CHECKED AND MARKED THE VOTER'S REGISTRATION AND POLL RECORD. ON THE REVERSE SIDE OF SUCH APPLICATION SHALL BE PRINTED THE FOLLOWING STATEMENT: I DO DECLARE THAT I AM A CITIZEN OF THE UNITED STATES, THAT I AM DULY REGISTERED IN THE ELECTION DISTRICT SHOWN ON THE REVERSE SIDE OF THIS APPLICATION AND I AM QUALIFIED TO VOTE IN SUCH DISTRICT; THAT I DO NOT INTEND TO VOTE ELSEWHERE, 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)_________________ _______________________ (SIGNATURE AND ADDRESS OF VOTER)_______________________ _______________________________________________________ (WITNESS)______________________ _______________________________ S 8-604. STATE BOARD OF ELECTIONS; POWERS AND DUTIES OF. ANY RULE OR REGULATION NECESSARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS TITLE SHALL BE PROMULGATED BY THE STATE BOARD OF ELECTIONS. ALL
COMPLETED APPLICATIONS FOR EARLY VOTING SHALL BE KEPT AND MAINTAINED BY THE STATE BOARD OF ELECTIONS. 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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