Bill Text: NY A02521 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to the information which must be included on applications for absentee ballots for school district elections.
Spectrum: Slight Partisan Bill (Democrat 24-12)
Status: (Engrossed - Dead) 2012-04-30 - REFERRED TO EDUCATION [A02521 Detail]
Download: New_York-2011-A02521-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2521--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
___________
Introduced by M. of A. GALEF, PAULIN, ORTIZ, SCHIMMINGER, N. RIVERA,
JAFFEE, REILLY -- Multi-Sponsored by -- M. of A. BOYLAND, CAHILL,
CALHOUN, COLTON, DINOWITZ, DUPREY, FARRELL, FINCH, GIGLIO, GOTTFRIED,
GUNTHER, JORDAN, LIFTON, MAGEE, McDONOUGH, McENENY, McKEVITT, J. MILL-
ER, MOLINARO, RABBITT, J. RIVERA, P. RIVERA, ROBINSON, SAYWARD,
SCHROEDER, SPANO, SWEENEY, THIELE, WEISENBERG -- read once and
referred to the Committee on Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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.
LBD00367-04-1
A. 2521--A 2
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
A. 2521--A 3
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 (4) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN-
10 TEE BALLOT FOR EITHER A PRIMARY ELECTION OR THE GENERAL ELECTION IN ANY
11 YEAR AND FOR THOSE PERSONS WHO WILL BE CONTINUOUSLY ABSENT FROM THEIR
12 COUNTY OF RESIDENCE DURING THE PERIOD BETWEEN THE FALL PRIMARY ELECTION
13 AND THE GENERAL ELECTION IN ANY YEAR TO APPLY FOR BALLOTS FOR BOTH SUCH
14 ELECTIONS IN SUCH YEAR. A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT SHALL
15 BE SENT AN ABSENTEE BALLOT FOR ANY SPECIAL ELECTION OR WINTER PRIMARY
16 THAT OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLICATION.
17 E. Such application shall include the following statement to be
18 signed by the voter.
19 I hereby declare that the foregoing is a true statement to the best of
20 my knowledge and belief, and I understand that if I make any material
21 false statement in the foregoing statement of application for absentee
22 ballots, I shall be guilty of a misdemeanor.
23 Date.....................Signature of Voter ..........................
24 [g] F. An applicant whose ability to appear personally at the polling
25 place of the school district of which he OR SHE is a qualified voter is
26 substantially impaired by reason of permanent illness or physical disa-
27 bility and whose registration record has been marked "permanently disa-
28 bled" by the board of elections pursuant to the provisions of the
29 election law shall be entitled to receive an absentee ballot pursuant to
30 the provisions of this section without making separate application for
31 such absentee ballot, and the board of registration upon being advised
32 by the board of elections on or with the list of registered voters that
33 the registration record of a voter is marked "permanently disabled"
34 shall send an absentee ballot to such voter at his last known address
35 with a request to the postal authorities not to forward same but to
36 return same in five days in the event that it cannot be delivered to the
37 addressee. The board of education shall determine whether such ballot
38 shall be sent by first class or by certified mail. All such ballots
39 shall be mailed in the same manner as determined by the board of educa-
40 tion. The board of registration shall make an appropriate entry on the
41 registration indicating the fact that an absentee ballot has been sent
42 and the date of mailing.
43 G. AN APPLICATION MUST BE RECEIVED BY THE DISTRICT CLERK NO EARLIER
44 THAN THE THIRTIETH DAY BEFORE THE ELECTION FOR WHICH AN ABSENTEE BALLOT
45 IS SOUGHT. IF THE APPLICATION REQUESTS THAT THE ABSENTEE BALLOT BE
46 MAILED, SUCH APPLICATION MUST BE RECEIVED NOT LATER THAN SEVEN DAYS
47 BEFORE THE ELECTION. IF THE APPLICANT OR HIS OR HER AGENT DELIVERS THE
48 APPLICATION TO THE DISTRICT CLERK IN PERSON, SUCH APPLICATION MUST BE
49 RECEIVED NOT LATER THAN THE DAY BEFORE THE ELECTION. THE DISTRICT CLERK
50 SHALL EXAMINE EACH APPLICATION AND SHALL DETERMINE FROM THE INFORMATION
51 CONTAINED THEREIN WHETHER THE APPLICANT IS QUALIFIED UNDER THIS SECTION
52 TO RECEIVE AN ABSENTEE BALLOT.
53 H. NO LATER THAN SIX DAYS BEFORE THE ELECTION FOR WHICH AN APPLICATION
54 HAS BEEN RECEIVED AND FOR WHICH THE DISTRICT CLERK HAS DETERMINED THE
A. 2521--A 4
1 APPLICANT TO BE QUALIFIED TO VOTE BY ABSENTEE BALLOT THE DISTRICT CLERK
2 SHALL MAIL, BY REGULAR MAIL, AN ABSENTEE BALLOT TO EACH QUALIFIED APPLI-
3 CANT WHO HAS APPLIED BEFORE SUCH DAY AND WHO HAS REQUESTED THAT SUCH
4 ABSENTEE BALLOT BE MAILED TO HIM OR HER AT THE ADDRESS SET FORTH IN HIS
5 OR HER APPLICATION. IF THE APPLICANT OR HIS OR HER AGENT DELIVERS THE
6 APPLICATION TO THE DISTRICT CLERK IN PERSON AFTER THE SEVENTH DAY BEFORE
7 THE ELECTION AND NOT LATER THAN THE DAY BEFORE THE ELECTION, THE
8 DISTRICT CLERK SHALL FORTHWITH DELIVER SUCH ABSENTEE BALLOTS FOR THOSE
9 APPLICANTS WHOM HE OR SHE DETERMINES ARE QUALIFIED TO MAKE SUCH APPLICA-
10 TIONS AND TO RECEIVE SUCH BALLOTS TO SUCH APPLICANTS OR THE AGENTS NAMED
11 IN THE APPLICATIONS WHEN SUCH APPLICANTS OR AGENTS APPEAR IN THE
12 DISTRICT CLERK'S OFFICE.
13 S 2. This act shall take effect on the ninetieth day after it shall
14 have become a law.
