S544-2011 Actions

• Jan 4, 2012: REFERRED TO ELECTIONS
• Jan 5, 2011: REFERRED TO ELECTIONS

S544-2011 Memo

BILL NUMBER:S544

TITLE OF BILL:
An act
to amend the election law, in relation to absentee voting qualifications

PURPOSE:
Allows absentee voting for persons unable to vote due to duties,
occupation, business, personal matters or studies.

SUMMARY OF PROVISIONS:
Extend absentee voting rights to any individual who for any reason is
unable to vote in person; includes the category of "matters" in the
list of acceptable reasons for absentee voting; eliminates the
requirement that an individual applying for an absentee ballot be
required to file a statement regarding the nature and reasons of
their absence from the county of his or her residence; provides that
no single agent may collect more than fifteen absentee ballots,
except upon application and approval of both commissioners.

JUSTIFICATION:
By extending absentee voting rights to all individuals who are unable
to vote in person on election day, we are enabling more eligible
voters to vote in New York State and have that vote counted. This
bill helps to ensure that as many eligible voters as possible
exercise their right to vote on election day.

There are many instances where an individual voter may not be able to
vote, for any number of personal reasons, but may not fall within one
of the categories which exists in current law. This amendment would
eliminate this problem. The existing application process is also
amended, as it would no longer require an individual voter to provide
a specific reason as to why they will be unable to vote in person on
election day.

This bill helps codify the main focus of HAVA to ensure that as many
people as possible are able to exercise their right to vote and do so
in an appropriate manner. By eliminating the requirement that an
individual provide an acceptable reason for their absence, the bill
also eliminates a pitfall as to why an otherwise eligible voter may
be deemed ineligible.

Additionally, this bill would limit the number of absentee ballots one
agent may collect to fifteen, unless otherwise approved by both
commissioners. This change eliminates the unseemly practice whereby
one individual is able to collect an unlimited number of absentee
ballots and turn them in. The potential for fraud in instances like
that is too great to risk for such an important matter as the right
to have your vote count.

LEGISLATIVE HISTORY:

2006 - S.2776  Referred to Elections
2008 - S.2253  Referred to Elections; Notice of Petition Filed
2009 - S.1835  Referred to Election


FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
Negligible.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided that, effective immediately, any
rule and regulations necessary to implement the provision of this act
on its effective date are authorized and directed to be completed.

S544-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          544
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen.  KLEIN  -- 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 absentee voting  quali
 fications
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 1 of section 8-400  of  the  election  law,  as
 amended by chapter 63 of the laws of 2010, is amended and a new subdivi
 sion 11 is added to read as follows:

 1.  A qualified voter may vote as an absentee voter under this chapter
 if, on the occurrence of any village election conducted by the board  of
 elections,  primary  election, special election, general election or New
 York city community school board district  or  city  of  Buffalo  school
 district election, he or she expects to be[:
 (a)  absent from the county of his or her residence, or, if a resident
 of the city of New York absent from said city; or
 (b) unable to appear personally at the polling place of  the  election
 district  in  which he or she is a qualified voter because of illness or
 physical disability or duties related to the primary care of one or more
 individuals who are ill or physically disabled, or  because  he  or  she
 will be or is a patient in a hospital; or
 (c) an inmate or patient of a veteran's administration hospital; or
 (d)  absent  from  his  or  her  voting residence because he or she is
 detained in jail awaiting action by a grand jury or awaiting  trial,  or
 confined  in jail or prison after a conviction for an offense other than
 a felony, provided that he or she is qualified to vote in  the  election
 district  of  his  or  her  residence]  UNABLE  TO VOTE IN PERSON DUE TO
 DUTIES, OCCUPATION, BUSINESS, PERSONAL MATTERS OR STUDIES.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04207-01-1
 
       S. 544                              2
 11. NO SINGLE AGENT SHALL COLLECT MORE THAN FIFTEEN ABSENTEE  BALLOTS,
 EXCEPT  UPON  APPLICATION  AND  APPROVAL  OF TWO INSPECTORS REPRESENTING
 DIFFERENT POLITICAL PARTIES.
 

S 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided that, effective immediately, any
 rules and regulations necessary to implement the provisions of this  act
 on its effective date are authorized and directed to be completed.

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