Bill Text: NY A05058 | 2017-2018 | General Assembly | Introduced
Bill Title: Sets forth provisions for absentee ballots for fire district elections and improvement district elections.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-04-26 - advanced to third reading cal.787 [A05058 Detail]
Download: New_York-2017-A05058-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5058 2017-2018 Regular Sessions IN ASSEMBLY February 6, 2017 ___________ Introduced by M. of A. GALEF, MONTESANO, CROUCH, FINCH, STECK -- Multi- Sponsored by -- M. of A. HAWLEY, MAGEE, McDONOUGH, RIVERA, THIELE -- read once and referred to the Committee on Local Governments AN ACT to amend the town law, in relation to absentee ballots for fire district elections and improvement district elections The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 175-b of the town law, as amended 2 by chapter 401 of the laws of 1996, is amended to read as follows: 3 2. a. [An applicant for such an absentee ballot shall submit an appli-4cation setting forth (1) his or her name and residence address, includ-5ing the street and number, if any, or town and rural delivery route, if6any; (2) that he or she is or will be, on the day of the election, a7qualified voter of the district in which he or she resides in that he or8she is or will be, on such date, over eighteen years of age, a citizen9of the United States and has or will have resided in the district for10thirty days next preceding such date; (3) that he or she is registered11in the town; (4) that he or she will be unable to appear to vote in12person on the day of the election for which the absentee ballot is13requested because he or she is, or will be on such day (a) a patient in14a hospital, or unable to appear personally at the polling place on such15day because of illness or physical disability or (b) because of his or16her duties, occupation or business will require him or her to be outside17of the county of his or her residence on such day, (c) because he or she18will be on vacation outside the county of his or her residence on such19day; or, (d) absent from his or her voting residence because he or she20is detained in jail awaiting action by a grand jury or awaiting trial or21is confined in prison after conviction for an offense other than a felo-22ny. Such application must be received by the district secretary at23least seven days before the election if the ballot is to be mailed toEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00664-01-7A. 5058 2 1the voter, or the day before the election, if the ballot is to be deliv-2ered personally to the voter or his or her agent.3b. (1) Where such duties, occupation or business are of such a4nature as ordinarily to require such absence, a brief description of5such duties, occupation or business shall be set forth in such affida-6vit. (2) Where such duties, occupation or business are not of such a7nature as ordinarily to require such absence, such application shall8contain a statement of the special circumstances on account of which9such absence is required.10c. Where the applicant expects in good faith to be absent on the day11of the election because he or she will be on vacation elsewhere on such12day, such application shall also contain the dates upon which he or she13expects to begin and end such vacation, the place or places where he or14she expects to be on such vacation, the name and address of his or her15employer, if any, and if self-employed, a statement to that effect.16d. Where the absence is because of detention or confinement to jail,17such affidavit shall state whether the voter is detained awaiting action18of the grand jury or is confined after conviction for an offense other19than a felony.20e. Where a person is or would be, if he or she were a qualified21voter, entitled to apply for the right to vote by absentee ballot under22the provisions of this section, his or her spouse, parent or child, if a23qualified voter and a resident of the same district, shall be entitled24to vote as an absentee voter upon personally making and signing an25application in accordance with the preceding provisions of this subdivi-26sion and showing that he or she expects to be absent from the district27on the day of the district election by reason of accompanying or being28with the spouse, child or parent who is or would be, if he or she were a29qualified voter, so entitled to apply for the right to vote by absentee30ballot, and, in the event no application is made by such spouse, child31or parent, such further information as the fire district shall require.32f.] A qualified voter may vote as an absentee voter under this section 33 if during all the hours of voting on the day of a fire district election 34 he or she expects to be: 35 (1) absent from the county of his or her residence; or 36 (2) unable to appear at the polling place because of illness or phys- 37 ical disability, or duties related to the primary care of one or more 38 individuals who are ill or physically disabled, or because he or she 39 will be or is a patient in a hospital; or 40 (3) an inmate or patient of a veteran's administration hospital; or 41 (4) absent from his or her voting residence because he or she is 42 detained in jail awaiting action by a grand jury or awaiting trial, or 43 confined in jail or prison after a conviction for an offense other than 44 a felony, provided that he or she is qualified to vote in the election 45 district of his or her residence. 46 b. Each person entitled to vote as an absentee voter pursuant to this 47 section and desirous of obtaining an absentee ballot shall make written 48 application therefor to the district secretary. Application forms for 49 use pursuant to this section shall be in a form prescribed by the state 50 board of elections. The use of any application which is on a form 51 prescribed by the state board of elections shall be acceptable. Such 52 application shall include the following statement to be signed by the 53 voter. 54 I hereby declare that the foregoing is a true statement to the best of 55 my knowledge and belief, and I understand that if I make any materialA. 5058 3 1 false statement in the foregoing statement of application for absentee 2 ballots, I shall be guilty of a misdemeanor. 3 Date.....................Signature of Voter............. 4 [g.] c. The application for an absentee ballot when filed must contain 5 in each instance the following information: 6 (1) Applicant's full name, date of birth, and residence address, 7 including the street and number, if any, rural delivery route, if any, 8 mailing address if different from the residence address and an address 9 to which the ballot shall be mailed. 10 (2) A statement that the applicant is a qualified and registered 11 voter. 12 (3) A statement, as appropriate, that on the day of such election the 13 applicant expects in good faith to be in one of the following catego- 14 ries: 15 (a) absent from the county of his or her residence; provided, however, 16 if the applicant expects to be absent from such county for a duration 17 covering more than one election and seeks an absentee ballot for each 18 election, he or she shall state the dates when he or she expects to 19 begin and end such absence; or 20 (b) unable to appear at a polling place because of illness or physical 21 disability or duties related to the primary care of one or more individ- 22 uals who are ill or physically disabled; or 23 (c) an inmate or patient of a veteran's administration hospital; or 24 (d) detained in jail awaiting action by a grand jury or awaiting trial 25 or confined in jail or prison after a conviction for an offense other 26 than a felony and stating the place where he or she is so detained or 27 confined. 28 (4) Such application shall permit the applicant to apply for an absen- 29 tee ballot in any year. A voter who applies for an absentee ballot 30 shall be sent an absentee ballot for any fire district election that 31 occurs during the period of absence specified in the application. 32 d. An applicant whose ability to appear personally at the polling 33 place of the district of which he or she is a qualified voter is 34 substantially impaired by reason of permanent illness or physical disa- 35 bility and whose registration record has been marked "permanently disa- 36 bled" by the board of elections pursuant to the provisions of the 37 election law shall be entitled to receive an absentee ballot pursuant to 38 the provisions of this section without making separate application for 39 such absentee ballot, and the secretary of the fire district, upon being 40 advised by the board of elections on or with the list of registered 41 voters that the registration record of a voter is marked "permanently 42 disabled", shall send an absentee ballot to such voter at his or her 43 last known address by first class mail with a request to the postal 44 authorities not to forward same but to return same in five days in the 45 event that it cannot be delivered to the addressee. The election 46 inspectors of the fire district shall make an appropriate entry on the 47 registration record indicating the fact that an absentee ballot has been 48 sent and the date of mailing. 49 e. An application must be received by the district secretary no earli- 50 er than the thirtieth day before the election for which an absentee 51 ballot is sought. If the application requests that the absentee ballot 52 be mailed, such application must be received not later than seven days 53 before the election. If the applicant or his or her agent delivers the 54 application to the district secretary in person, such application must 55 be received not later than the day before the election. The district 56 secretary shall examine each application and shall determine from theA. 5058 4 1 information contained therein whether the applicant is qualified under 2 this section to receive an absentee ballot. 3 f. No later than six days before the election for which an application 4 has been received and for which the district secretary has determined 5 the applicant to be qualified to vote by absentee ballot the district 6 secretary shall mail, by regular mail, an absentee ballot to each quali- 7 fied applicant who has applied before such day and who has requested 8 that such absentee ballot be mailed to him or her at the address set 9 forth in his or her application. If the applicant or his or her agent 10 delivers the application to the district secretary in person after the 11 seventh day before the election and not later than the day before the 12 election, the district secretary shall forthwith deliver such absentee 13 ballots for those applicants whom he or she determines are qualified to 14 make such applications and to receive such ballots to such applicants or 15 the agents named in the applications when such applicants or agents 16 appear in the district secretary's office. 17 § 2. Subdivision 2 of section 213-b of the town law, as added by chap- 18 ter 400 of the laws of 1985, is amended to read as follows: 19 2. a. [An applicant for such an absentee ballot shall submit an appli-20cation setting forth (1) his name and residence address, including the21street and number, if any, or town and rural delivery route, if any; (2)22that he is or will be, on the day of the election, a qualified voter of23the district in which he resides in that he is or will be, on such date,24over eighteen years of age, a citizen of the United States and has or25will have resided in the district for thirty days next preceding such26date; (3) that he is registered in the town; (4) that he will be unable27to appear to vote in person on the day of the election for which the28absentee ballot is requested because he is, or will be on such day (a) a29patient in a hospital, or unable to appear personally at the polling30place on such day because of illness or physical disability or (b)31because his duties, occupation or business will require him to be32outside of the county or city of his residence on such day, (c) because33he will be on vacation outside the county or city of his residence on34such day; or, (d) absent from his voting residence because he is35detained in jail awaiting action by a grand jury or awaiting trial or is36confined in prison after conviction for an offense other than a felony.37Such application must be received by the district secretary at least38seven days before the election if the ballot is to be mailed to the39voter, or the day before the election, if the ballot is to be delivered40personally to the voter or his agent.41b. (1) Where such duties, occupation or business are of such a nature42as ordinarily to require such absence, a brief description of such43duties, occupation or business shall be set forth in such affidavit. (2)44Where such duties, occupation or business are not of such a nature as45ordinarily to require such absence, such application shall contain a46statement of the special circumstances on account of which such absence47is required.48c. Where the applicant expects in good faith to be absent on the day49of the election because he will be on vacation elsewhere on such day,50such application shall also contain the dates upon which he expects to51begin and end such vacation, the place or places where he expects to be52on such vacation, the name and address of his employer, if any, and if53self-employed, a statement to that effect.54d. Where the absence is because of detention or confinement to jail,55such affidavit shall state whether the voter is detained awaiting actionA. 5058 5 1of the grand jury or is confined after conviction for an offense other2than a felony.3e. Where a person is or would be, if he were a qualified voter, enti-4tled to apply for the right to vote by absentee ballot under the5provisions of this section, his spouse, parent or child, if a qualified6voter and a resident of the same district, shall be entitled to vote as7an absentee voter upon personally making and signing an application in8accordance with the preceding provisions of this subdivision and showing9that he expects to be absent from the district on the day of the10district election by reason of accompanying or being with the spouse,11child or parent who is or would be, if he were a qualified voter, so12entitled to apply for the right to vote by absentee ballot, and, in the13event no application is made by such spouse, child or parent, such14further information as the improvement district shall require.15f.] A qualified voter may vote as an absentee voter under this section 16 if during all the hours of voting on the day of an improvement district 17 election he or she expects to be: 18 (1) absent from the county of his or her residence; or 19 (2) unable to appear at the polling place because of illness or phys- 20 ical disability, or duties related to the primary care of one or more 21 individuals who are ill or physically disabled, or because he or she 22 will be or is a patient in a hospital; or 23 (3) an inmate or patient of a veteran's administration hospital; or 24 (4) absent from his or her voting residence because he or she is 25 detained in jail awaiting action by a grand jury or awaiting trial, or 26 confined in jail or prison after a conviction for an offense other than 27 a felony, provided that he or she is qualified to vote in the election 28 district of his or her residence. 29 b. Each person entitled to vote as an absentee voter pursuant to this 30 section and desirous of obtaining an absentee ballot shall make written 31 application therefor to the district secretary. Application forms for 32 use pursuant to this section shall be in a form prescribed by the state 33 board of elections. The use of any application which is on a form 34 prescribed by the state board of elections shall be acceptable. Such 35 application shall include the following statement to be signed by the 36 voter. 37 I hereby declare that the foregoing is a true statement to the best of 38 my knowledge and belief, and I understand that if I make any material 39 false statement in the foregoing statement of application for absentee 40 ballots, I shall be guilty of a misdemeanor. 41 Date ................... Signature of Voter ....................... 42 [g.] c. The application for an absentee ballot when filed must 43 contain in each instance the following information: 44 (1) Applicant's full name, date of birth, and residence address, 45 including the street and number, if any, rural delivery route, if any, 46 mailing address if different from the residence address and an address 47 to which the ballot shall be mailed. 48 (2) A statement that the applicant is a qualified and registered 49 voter. 50 (3) A statement, as appropriate, that on the day of such election the 51 applicant expects in good faith to be in one of the following catego- 52 ries: 53 (a) absent from the county of his or her residence; provided, however, 54 if the applicant expects to be absent from such county for a duration 55 covering more than one election and seeks an absentee ballot for eachA. 5058 6 1 election, he or she shall state the dates when he or she expects to 2 begin and end such absence; or 3 (b) unable to appear at a polling place because of illness or physical 4 disability or duties related to the primary care of one or more individ- 5 uals who are ill or physically disabled; or 6 (c) an inmate or patient of a veteran's administration hospital; or 7 (d) detained in jail awaiting action by a grand jury or awaiting trial 8 or confined in jail or prison after a conviction for an offense other 9 than a felony and stating the place where he or she is so detained or 10 confined. 11 (4) Such application shall permit the applicant to apply for an absen- 12 tee ballot in any year. A voter who applies for an absentee ballot 13 shall be sent an absentee ballot for any improvement district election. 14 d. An applicant whose ability to appear personally at the polling 15 place of the district of which he is a qualified voter is substantially 16 impaired by reason of permanent illness or physical disability and whose 17 registration record has been marked "permanently disabled" by the board 18 of elections pursuant to the provisions of the election law shall be 19 entitled to receive an absentee ballot pursuant to the provisions of 20 this section without making separate application for such absentee 21 ballot, and the secretary of the improvement district, upon being 22 advised by the board of elections on or with the list of registered 23 voters that the registration record of a voter is marked "permanently 24 disabled", shall send an absentee ballot to such voter at his last known 25 address by first class mail with a request to the postal authorities not 26 to forward same but to return same in five days in the event that it 27 cannot be delivered to the addressee. The board of inspectors of the 28 improvement district shall make an appropriate entry on the registration 29 record indicating the fact that an absentee ballot has been sent and the 30 date of mailing. 31 e. An application must be received by the district secretary no earli- 32 er than the thirtieth day before the election for which an absentee 33 ballot is sought. If the application requests that the absentee ballot 34 be mailed, such application must be received not later than seven days 35 before the election. If the applicant or his or her agent delivers the 36 application to the district secretary in person, such application must 37 be received not later than the day before the election. The district 38 secretary shall examine each application and shall determine from the 39 information contained therein whether the applicant is qualified under 40 this section to receive an absentee ballot. 41 f. No later than six days before the election for which an application 42 has been received and for which the district secretary has determined 43 the applicant to be qualified to vote by absentee ballot the district 44 secretary shall mail, by regular mail, an absentee ballot to each quali- 45 fied applicant who has applied before such day and who has requested 46 that such absentee ballot be mailed to him or her at the address set 47 forth in his or her application. If the applicant or his or her agent 48 delivers the application to the district secretary in person after the 49 seventh day before the election and not later than the day before the 50 election, the district secretary shall forthwith deliver such absentee 51 ballots for those applicants whom he or she determines are qualified to 52 make such applications and to receive such ballots to such applicants or 53 the agents named in the applications when such applicants or agents 54 appear in the district secretary's office. 55 § 3. This act shall take effect on the first of January next succeed- 56 ing the date on which it shall have become a law.