Bill Text: NY A01922 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the information which must be included on applications for absentee ballots for school district elections.

Spectrum: Moderate Partisan Bill (Democrat 14-4)

Status: (Passed) 2019-12-10 - SIGNED CHAP.616 [A01922 Detail]

Download: New_York-2019-A01922-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 2038                                                  A. 1922
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    January 18, 2019
                                       ___________
        IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Educa-
          tion
        IN ASSEMBLY -- Introduced by M. of A. GALEF, PAULIN, ORTIZ, SCHIMMINGER,
          JAFFEE,  OTIS -- Multi-Sponsored by -- M. of A. CAHILL, COLTON, DINOW-
          ITZ, FINCH, GIGLIO, GOTTFRIED,  GUNTHER,  LIFTON,  McDONOUGH,  RIVERA,
          THIELE -- read once and referred to the Committee on Education
        AN  ACT  to  amend  the  education  law, in relation to applications for
          absentee ballots for school district elections
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraphs b, c, d, e, f and g of subdivision 2 of section
     2  2018-a of the education law, paragraph b as amended by  chapter  136  of
     3  the  laws  of  1991, paragraph c as amended by chapter 26 of the laws of
     4  1994, paragraph d as amended by chapter 72 of the laws  of  1988,  para-
     5  graphs e and f as added by chapter 219 of the laws of 1978 and paragraph
     6  g  as  amended by chapter 825 of the laws of 1984, are amended and a new
     7  paragraph h is added to read as follows:
     8    b. [(1) Where such duties, occupation, business,  or  studies  are  of
     9  such a nature as ordinarily to require such absence, a brief description
    10  of  such  duties, occupation, business, or studies shall be set forth in
    11  such application.  (2)  Where  such  duties,  occupation,  business,  or
    12  studies  are not of such a nature as ordinarily to require such absence,
    13  such application shall contain a statement of the special  circumstances
    14  on account of which such absence is required.
    15    c.  Where  the applicant expects in good faith to be absent on the day
    16  of the election because he will be on vacation elsewhere  on  such  day,
    17  such  application  shall also contain the dates upon which he expects to
    18  begin and end such vacation, the place or places where he expects to  be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00244-01-9
        S. 2038                             2                            A. 1922

     1  on  such  vacation, the name and address of his employer, if any, and if
     2  self-employed or retired, a statement to that effect.
     3    d.  Where  the absence is because of detention or confinement to jail,
     4  such application shall state whether  the  voter  is  detained  awaiting
     5  action  of the grand jury or is confined after conviction for an offense
     6  other than a felony.
     7    e.  Where a person is or would be, if he were a qualified voter, enti-
     8  tled to apply for the  right  to  vote  by  absentee  ballot  under  the
     9  provisions  of this section, his spouse, parent or child, if a qualified
    10  voter and a resident of the same school district, shall be  entitled  to
    11  vote as an absentee voter upon personally making and signing an applica-
    12  tion in accordance with the preceding provisions of this subdivision and
    13  showing that he expects to be absent from the school district on the day
    14  of  the school district election by reason of accompanying or being with
    15  the spouse, child or parent who is or would be, if he were  a  qualified
    16  voter,  so  entitled  to apply for the right to vote by absentee ballot,
    17  and, in the event no application  is  made  by  such  spouse,  child  or
    18  parent,  such  further  information  as  the board of registration shall
    19  require.
    20    f] A qualified voter may vote as an absentee voter under this  section
    21  if  during  all  the hours of voting on the day of an election he or she
    22  will be:
    23    (1) absent from the county of his or her residence; or
    24    (2) unable to appear at the polling place because of illness or  phys-
    25  ical  disability,  or  duties related to the primary care of one or more
    26  individuals who are ill or physically disabled, or  because  he  or  she
    27  will be or is a patient in a hospital; or
    28    (3) an inmate or patient of a veteran's administration hospital; or
    29    (4)  absent  from  his  or  her  voting residence because he or she is
    30  detained in jail awaiting action by a grand jury or awaiting  trial,  or
    31  confined  in jail or prison after a conviction for an offense other than
    32  a felony, provided that he or she is qualified to vote in  the  election
    33  district of his or her residence.
    34    c.  Each person entitled to vote as an absentee voter pursuant to this
    35  section and desirous of obtaining an absentee ballot shall make  written
    36  application  therefor  to  the district clerk. Application forms for use
    37  pursuant to this section shall be in a  form  prescribed  by  the  state
    38  board  of  elections.  The  use  of  any  application which is on a form
    39  prescribed by the state board of elections shall be acceptable.
    40    d. The application for an absentee ballot when filed must  contain  in
    41  each instance the following information:
    42    (1)  Applicant's  full  name,  date  of  birth, and residence address,
    43  including the street and number, if any, rural delivery route,  if  any,
    44  mailing  address  if different from the residence address and an address
    45  to which the ballot shall be mailed.
    46    (2) A statement that the  applicant  is  a  qualified  and  registered
    47  voter.
    48    (3)  A statement, as appropriate, that on the day of such election the
    49  applicant expects in good faith to be in one of  the  following  catego-
    50  ries:
    51    (a) absent from the county of his or her residence; provided, however,
    52  if  the  applicant  expects to be absent from such county for a duration
    53  covering more than one election and seeks an absentee  ballot  for  each
    54  election,  he  or  she  shall  state the dates when he or she expects to
    55  begin and end such absence; or
        S. 2038                             3                            A. 1922
     1    (b) unable to appear at a polling place because of illness or physical
     2  disability or duties related to the primary care of one or more individ-
     3  uals who are ill or physically disabled; or
     4    (c) an inmate or patient of a veteran's administration hospital; or
     5    (d) detained in jail awaiting action by a grand jury or awaiting trial
     6  or  confined  in  jail or prison after a conviction for an offense other
     7  than a felony and stating the place where he or she is  so  detained  or
     8  confined.
     9    e.    Such  application  shall  include  the following statement to be
    10  signed by the voter.
    11    I hereby declare that the foregoing is a true statement to the best of
    12  my knowledge and belief, and I understand that if I  make  any  material
    13  false  statement  in the foregoing statement of application for absentee
    14  ballots, I shall be guilty of a misdemeanor.
    15    Date.....................Signature of Voter ..........................
    16    [g] f.  An applicant whose ability to appear personally at the polling
    17  place of the school district of which he or she is a qualified voter  is
    18  substantially  impaired by reason of permanent illness or physical disa-
    19  bility and whose registration record has been marked "permanently  disa-
    20  bled"  by  the  board  of  elections  pursuant  to the provisions of the
    21  election law shall be entitled to receive an absentee ballot pursuant to
    22  the provisions of this section without making separate  application  for
    23  such  absentee  ballot, and the board of registration upon being advised
    24  by the board of elections on or with the list of registered voters  that
    25  the  registration  record  of  a  voter is marked "permanently disabled"
    26  shall send an absentee ballot to such voter at his  last  known  address
    27  with  a  request  to  the  postal authorities not to forward same but to
    28  return same in five days in the event that it cannot be delivered to the
    29  addressee. The board of education shall determine  whether  such  ballot
    30  shall  be  sent  by  first  class or by certified mail. All such ballots
    31  shall be mailed in the same manner as determined by the board of  educa-
    32  tion.  The  board of registration shall make an appropriate entry on the
    33  registration indicating the fact that an absentee ballot has  been  sent
    34  and the date of mailing.
    35    g.  An  application  must be received by the district clerk no earlier
    36  than the thirtieth day before the election for which an absentee  ballot
    37  is  sought.  If  the  application  requests  that the absentee ballot be
    38  mailed, such application must be received  not  later  than  seven  days
    39  before  the  election. If the applicant or his or her agent delivers the
    40  application to the district clerk in person, such  application  must  be
    41  received  not later than the day before the election. The district clerk
    42  shall examine each application and shall determine from the  information
    43  contained  therein whether the applicant is qualified under this section
    44  to receive an absentee ballot.
    45    h. No later than six days before the election for which an application
    46  has been received and for which the district clerk  has  determined  the
    47  applicant  to be qualified to vote by absentee ballot the district clerk
    48  shall mail, by regular mail, an absentee ballot to each qualified appli-
    49  cant who has applied before such day and who  has  requested  that  such
    50  absentee  ballot be mailed to him or her at the address set forth in his
    51  or her application. If the applicant or his or her  agent  delivers  the
    52  application to the district clerk in person after the seventh day before
    53  the  election  and  not  later  than  the  day  before the election, the
    54  district clerk shall forthwith deliver such absentee ballots  for  those
        S. 2038                             4                            A. 1922
     1  applicants whom he or she determines are qualified to make such applica-
     2  tions and to receive such ballots to such applicants or the agents named
     3  in  the  applications  when  such  applicants  or  agents  appear in the
     4  district clerk's office.
     5    §  2.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law.