Authorizes the board of elections to provide special ballots to board of election employees anytime up to the close of polls on election day.
TITLE OF BILL: An act to amend the election law, in relation to the provision of special ballots for board of election employees
To Board of Elections Employees to submit special ballots at any time after such ballots are printed instead of the current law which requires that they be submitted no earlier than two weeks before the election.
SUMMARY OF PROVISIONS:
Section 1 amends the election law to allow board of election employees or a person who has been appointed to serve as an inspector if elections, poll clerk, or election coordinator at a polling place other than the one at which she is registered to vote to submit a special ballot any time after such ballot is printed but not later than the close of polls on election day.
Section 2 establishes an immediate effective date.
In November of 2012 the special ballots of fifty-three Ulster County Board of Elections employees were nearly disenfranchised when it was discovered that they were submitted prior to the two week window the law requires. Fortunately, it was decided judicially that these ballots would be opened and counted, putting the interests of the voters above that of a hyper-technical law. This law would amend that hyper-technical law to allow special ballots to be submitted any time after such a ballot is printed, and prevent future need for judicial ruling on such issues.
STATE OF NEW YORK ________________________________________________________________________ 4269--A 2013-2014 Regular Sessions IN SENATE March 18, 2013 ___________Introduced by Sens. TKACZYK, STEWART-COUSINS, ADDABBO, AVELLA, BRESLIN, CARLUCCI, DILAN, ESPAILLAT, GIPSON, HASSELL-THOMPSON, HOYLMAN, KRUEG- ER, LATIMER, MONTGOMERY, O'BRIEN, PARKER, RIVERA, SAMPSON, SANDERS, SERRANO, SQUADRON, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the election law, in relation to the provision of special ballots for board of election employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 11-302 of the election law, as amended by chapter 163 of the laws of 2010, is amended to read as follows: S 11-302. Special ballots for board of election employees. A person who is an employee of the board of elections or who has been appointed to serve as an inspector of elections, poll clerk or election coordina- tor at a polling place other than the one at which he or she is regis- tered to vote, may deliver to the inspectors of election of the election district in which he or she is registered, or to the board of elections, at any time during the period in which an application for an absentee ballot may be so delivered pursuant to the provisions of this chapter, a written statement that he or she will be unable to appear at the polling place for such election district on the day of an election because his or her duties as an employee of such board or as an inspector, poll clerk or election coordinator require him or her to be elsewhere. The board of elections shall provide such voter a special ballot
[not earli- er than two weeks before the election and not later than]ANY TIME PRIOR TO the close of the polls on election day, PROVIDED HOWEVER THAT THE DISTRIBUTION OF SUCH BALLOTS TO SUCH VOTERS SHALL BE TIMED TO AFFORD SUCH VOTERS SUFFICIENT TIME TO CAST SUCH BALLOTS PRIOR TO THE CLOSE OF THE POLLS ON ELECTION DAY. Such cast ballots may be delivered to anEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08692-02-3 S. 4269--A 2
office of such board of elections or to any board of inspectors not later than the close of the polls on election day. Such ballots shall be retained at the board of elections and cast and canvassed pursuant to the provisions of section 9-209 of this chapter. S 2. This act shall take effect immediately.