Bill Text: NY A01519 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 1519 (Prior Session Legislation)

Introduced

Bill Title: Authorizes any qualified voter to apply for and utilize an absentee ballot for any reason.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2020-01-08 - referred to election law [A01519 Detail]

Download: New_York-2019-A01519-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1519
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Election Law
        AN ACT to amend the election law, in relation to authorizing any  quali-
          fied voter to apply for and utilize an absentee ballot
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1, the opening paragraph of subdivision  2  and
     2  paragraphs (c) and (d) of subdivision 3 of section 8-400 of the election
     3  law,  subdivision  1  and  paragraphs  (c)  and  (d) of subdivision 3 as
     4  amended by chapter 63 of the laws of 2010, paragraph (c) of  subdivision
     5  1 and subparagraph (iii) of paragraph (c) of subdivision 3 as amended by
     6  chapter  375  of the laws of 2015, and the opening paragraph of subdivi-
     7  sion 2 as amended by chapter 216 of the laws of  1988,  are  amended  to
     8  read as follows:
     9    1.  A qualified voter may vote as an absentee voter under this chapter
    10  if, on the occurrence of any village election conducted by the board  of
    11  elections,  primary  election, special election, general election or New
    12  York city community school board district  or  city  of  Buffalo  school
    13  district election, he or she expects to be[:
    14    (a)  absent from the county of his or her residence, or, if a resident
    15  of the city of New York absent from said city; or
    16    (b) unable to appear personally at the polling place of  the  election
    17  district  in  which he or she is a qualified voter because of illness or
    18  physical disability or duties related to the primary care of one or more
    19  individuals who are ill or physically disabled, or  because  he  or  she
    20  will be or is a patient in a hospital; or
    21    (c)  a  resident or patient of a veterans health administration hospi-
    22  tal; or
    23    (d) absent from his or her voting  residence  because  he  or  she  is
    24  detained  in  jail awaiting action by a grand jury or awaiting trial, or
    25  confined in jail or prison after a conviction for an offense other  than

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01241-01-9

        A. 1519                             2

     1  a  felony,  provided that he or she is qualified to vote in the election
     2  district of his or her residence] unavailable to vote in person for  any
     3  reason.
     4    A  qualified  voter  desiring  to vote at such election as an absentee
     5  voter for any reason [specified in subdivision  one  hereof]  must  make
     6  application for an absentee ballot on a form to be obtained and filed as
     7  provided herein or by letter as provided in paragraph (d) of this subdi-
     8  vision.
     9    (c) [A statement, as appropriate, that on the day of such election the
    10  applicant  expects  in  good faith to be in one of the following catego-
    11  ries:
    12    (i) absent from the county of his or her residence, or if  a  resident
    13  of the city of New York absent from said city; provided, however, if the
    14  applicant  expects  to be absent from such county or city for a duration
    15  covering more than one election and seeks an absentee  ballot  for  each
    16  election,  he  or  she  shall  state the dates when he or she expects to
    17  begin and end such absence; or
    18    (ii) unable to appear at a polling place because of illness  or  phys-
    19  ical  disability  or  duties  related to the primary care of one or more
    20  individuals who are ill or physically disabled; or
    21    (iii) a resident or patient of a veterans health administration hospi-
    22  tal; or
    23    (iv) detained in jail awaiting action by  a  grand  jury  or  awaiting
    24  trial  or  confined  in jail or prison after a conviction for an offense
    25  other than a felony and stating the place where he or she is so detained
    26  or confined.
    27    (d)] Such application shall permit  the  applicant  to  apply  for  an
    28  absentee ballot for either a primary election or the general election in
    29  any  year  and  for  those  persons who will be continuously absent from
    30  their county of residence during the period  between  the  fall  primary
    31  election  and  the general election in any year to apply for ballots for
    32  both such elections in such year. A voter who applies  for  an  absentee
    33  ballot  shall  be  sent  an  absentee ballot for any special election or
    34  winter primary that occurs during the period of absence specified in the
    35  application.
    36    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    37  have become a law.