Relates to applications for absentee ballots; provides for the application to be made in writing in the form of a letter, telefax indicating the address, phone number and the telefax number from which the writing is sent or other written instrument which is signed by the voter.
Ayes (40): Adams, Addabbo, Aubertine, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Foley, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Libous, Little, McDonald, Montgomery, Morahan, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Sampson, Savino, Schneiderman, Serrano, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Winner
Nays (22): Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Leibell, Marcellino, Maziarz, Nozzolio, Ranzenhofer, Robach, Saland, Seward, Skelos, Volker, Young
TITLE OF BILL: An act to amend the election law, in relation to making applications for absentee ballots
PURPOSE OR GENERAL IDEA OF BILL: To change the absentee ballot application deadline change providing more voters with additional time and means to vote via absentee ballot.
SUMMARY OF SPECIFIC PROVISIONS: Paragraph (d) of subdivision 2 of section 8-400 of the Election Law, as added by Chapter 165 of the Laws of 2009 is amended as follows: the Board of Elections shall mail an absentee ballot to every qualified voter eligible for such a ballot, who requests such an absentee ballot from such Board of Elections in writing in a letter, telefax, or other written instrument, which is signed by the voter and received by the Board of Elections not earlier than the thirtieth (30th) day, now later than the seventh (7th) day before the election for which the ballot is first (1st) requested. The telefax must indicate the address, phone number and telefax number from which the writing is sent. The request for the absentee ballot must state the address where the voter is registered and the address to which the ballot is to be mailed.
JUSTIFICATION: The strength of a democracy is the level of participation by its citizens so it is incumbent upon government to ensure that all citizens are afforded with the means to vote including by absentee ballot. This legislation will provide voters with the opportunity to request an absentee ballot by telefax or other written instrument in addition to the currently stipulated means of a letter. The addition of other means such as the telefax to request an absentee ballot acknowledges the new technology.
This legislation would also provide voters with more time to complete and submit an absentee ballot application and absentee ballot.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: First of January next succeeding the date on which it shall have become a law and shall apply to all elections or primaries conducted on or after such date. However, the bill authorizes the immediate addition, amendment and/or repeal of rules or regulations necessary in order to implement this act on its effective date are authorized and directed to be made and completed on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ 4960--B Cal. No. 33 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________Introduced by Sens. KRUEGER, ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- recommitted to the Committee on Elections in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the election law, in relation to making applications for absentee ballots THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 2 of section 8-400 of the election law, as amended by chapter 165 of the laws of 2009, is amended to read as follows: (d) The board of elections shall mail an absentee ballot to every qualified voter otherwise eligible for such a ballot, who requests such an absentee ballot from such board of elections in WRITING IN a letter, TELEFAX INDICATING THE ADDRESS, PHONE NUMBER AND THE TELEFAX NUMBER FROM WHICH THE WRITING IS SENT OR OTHER WRITTEN INSTRUMENT, which is signed by the voter and received by the board of elections not earlier than the thirtieth day nor later than the seventh day before the election for which the ballot is first requested and which states the address where the voter is registered and the address to which the ballot is to be mailed; provided, however, a military voter may request a military ballot in a letter as provided in subdivision three of section 10-106 of this chapter; and provided further, a special federal voter may request a special federal ballot in a letter as provided in paragraph d of subdivision one of section 11-202 of this chapter. The board of elections shall enclose with such ballot a form of application for absentee ballot.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. S LBD06288-08-0 S. 4960--B 2
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 and shall apply to all elections or primaries conducted on or after such date. Effective imme- diately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.