Bill S425-2013

Repeals certain provisions of the election law and adds new section permitting a voter to vote by special ballot at the board of elections upon written statement

Repeals certain provisions of the election law and adds a new section to such law permitting a voter to vote by special ballot at the board of elections upon submission of a written statement and verification of specific qualifications of such voter.

Details

Actions

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

Memo

BILL NUMBER:S425

TITLE OF BILL: An act to amend the election law, in relation to early voting; and to repeal sections 11-300, 11-302, and 11-306 of such law relating thereto

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

SUMMARY OF PROVISIONS: Repeals election law Sections 11-300, Special Ballots on Account of Religious Scruples; Section 11-302, Special Ballots for Board of Elections Employees; and Section 11-306, Special Ballots for Victims of Domestic Violence.

Adds a new section of law, 11-300 regarding special ballots for early voting.

EXISTING LAW: Current law allows victims of domestic violence, board of election employees, including poll clerks, and those you have religious objection to cast what are referred to as "special ballots." There is no provision of law however that allows regular voters who do not fit into any of these categories to cast an early ballot.

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.

LEGISLATIVE HISTORY: 2011/12: S.1317/A.6399 2009/10: S.1431/A.6175

FISCAL IMPLICATIONS: De minimus costs will be associated with this legislation since county boards of election are already equipped with the proper tools necessary to cast and canvass these types of ballots.

LOCAL FISCAL IMPLICATIONS: De Minimus

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


Text

STATE OF NEW YORK ________________________________________________________________________ 425 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 early voting; and to repeal sections 11-300, 11-302, and 11-306 of such law relating there- to THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Sections 11-300, 11-302 and 11-306 of the election law are REPEALED and a new section 11-300 is added to read as follows: S 11-300. SPECIAL BALLOTS FOR EARLY VOTING. A VOTER MAY DELIVER TO THE BOARD OF ELECTIONS A WRITTEN STATEMENT THAT HE OR SHE DESIRES TO VOTE AT THE BOARD OF ELECTIONS PRIOR TO OR ON THE DATE OF THE ELECTION. THE BOARD OF ELECTIONS, AFTER DETERMINING THE QUALIFICATIONS OF THE VOTER AND THAT THE VOTER HAD NOT PREVIOUSLY VOTED IN THE ELECTION, SHALL PROVIDE THE VOTER WITH THE APPROPRIATE BALLOT AND PERMIT THE VOTER TO CAST A SPECIAL BALLOT AT THE BOARD OF ELECTIONS, NOT EARLIER THAN TWO WEEKS BEFORE THE ELECTION AND NOT LATER THAN THE CLOSE OF POLLS ON ELECTION DAY. EACH SUCH BALLOT SHALL BE PLACED IN AN ENVELOPE, PROVIDED BY THE BOARD OF ELECTIONS, THEN SEALED; THE VOTER SHALL DATE AND SIGN HIS OR HER NAME ON THE OUTSIDE OF THE ENVELOPE. SUCH BALLOT MAY BE DELIVERED TO THE INSPECTORS OF ELECTION IN A MANNER PRESCRIBED BY THIS CHAPTER FOR ABSENTEE BALLOTS OR RETAINED BY THE BOARD OF ELECTIONS AND CAST AND CANVASSED PURSUANT TO THE PROVISIONS OF SECTION 9-209 OF THIS CHAPTER AS SUCH BOARD SHALL, IN ITS DISCRETION, DETERMINE BY RESOLUTION ADOPTED AT LEAST THIRTY DAYS BEFORE ELECTION DAY. S 2. This act shall take effect on the first of December next succeed- ing the date on which it shall have become a law.

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