Bill Text: NY A07091 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the right to vote for an alien lawfully admitted for permanent residence in the United States.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-05 - referred to election law [A07091 Detail]

Download: New_York-2019-A07091-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7091
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 5, 2019
                                       ___________
        Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
          Committee on Election Law
        AN ACT to amend the election law, the town law and the education law, in
          relation to the right to vote  for  an  alien  lawfully  admitted  for
          permanent residence in the United States
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section  5-102  of  the  election  law  is
     2  amended to read as follows:
     3    1.  No  person  shall  be  qualified  to  register for and vote at any
     4  election unless he or she is a citizen of the United States or an  alien
     5  lawfully admitted for permanent residence in the United States and is or
     6  will be, on the day of such election, eighteen years of age or over, and
     7  a  resident of this state and of the county, city or village for a mini-
     8  mum of thirty days next preceding such election.
     9    § 2. Paragraph (g) of subdivision 5 of section 5-210 of  the  election
    10  law,  as amended by chapter 2 of the laws of 2019, is amended to read as
    11  follows:
    12    (g) Notice that the applicant must be a citizen of the United  States,
    13  or  an  alien  lawfully  admitted  for permanent residence in the United
    14  States, is at least sixteen years old when he or she submits an applica-
    15  tion to register to vote which will be effective for elections occurring
    16  on or after the applicant turns eighteen years of age and a resident  of
    17  the county or city to which application is made.
    18    § 3. Subdivision 8 of section 7-122 of the election law, as amended by
    19  chapter 165 of the laws of 2010, is amended to read as follows:
    20    8.  On  the  reverse  side of such inner affirmation envelope shall be
    21  printed the following statement:
    22                                  AFFIRMATION
    23    I do declare that I am a citizen of the United  States,  or  an  alien
    24  lawfully  admitted  for permanent residence in the United States, that I
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10248-01-9

        A. 7091                             2
     1  am duly registered in the election district shown on the reverse side of
     2  this envelope and I am qualified to vote in such district; that  I  will
     3  be unable to appear personally on the day of the election for which this
     4  ballot is voted at the polling place of the election district in which I
     5  am a qualified voter because of the reason given on my application here-
     6  tofore  submitted;  that  I  have  not qualified nor do I intend to vote
     7  elsewhere, that I have not committed any act nor am I under  any  imped-
     8  iment which denies me the right to vote.
     9    I hereby declare that the foregoing is a true statement to the best of
    10  my  knowledge  and  belief, and I understand that if I make any material
    11  false statement in the foregoing statement of absentee voter, I shall be
    12  guilty of a misdemeanor.
    13  Date.................20.....       .....................................
    14                                     Signature or mark of voter
    15                                     .....................................
    16                                     Signature of Witness (required only
    17                                     if voter does not sign his or her
    18                                     own name)
    19                                     .....................................
    20                                     Address of Witness
    21    § 4. Subdivision 3 of section 7-123 of the election law, as amended by
    22  chapter 104 of the laws of 2010, is amended to read as follows:
    23    3. The board of elections shall furnish an inner affirmation  envelope
    24  with each military ballot upon which envelope shall be printed:
    25                          BALLOT FOR MILITARY VOTER
    26                                 AFFIRMATION
    27    I swear or affirm that:
    28    (a)  I  am  a  member  of the uniformed services or merchant marine on
    29  active duty or an eligible spouse, parent, child or dependent of such  a
    30  member, and
    31    (b)  I  am  a United States citizen, or an alien lawfully admitted for
    32  permanent residence in the United States, at least eighteen years of age
    33  (or will be by the day  of  the  election),  eligible  to  vote  in  the
    34  requested jurisdiction, and
    35    (c)  I  have neither been convicted of a felony or other disqualifying
    36  offense nor been adjudicated mentally incompetent, or if so,  my  voting
    37  rights have been reinstated, and
    38    (d)  I am not registering, requesting a ballot, or voting in any other
    39  jurisdiction in the United States, and
    40    (e) My signature and date below indicate when I completed  this  docu-
    41  ment, and
    42    (f)  The  information on this form is true and complete to the best of
    43  my knowledge.
    44    I understand that a material misstatement of fact in the completion of
    45  this document may constitute grounds for conviction of a crime.
    46  Date .......... 20....
    47                                          ................................
    48                                              Signature or mark of voter
    49                                          ................................

        A. 7091                             3
     1                                           Signature of Witness (required
     2                                           only if voter does not sign his
     3                                                      or her own name)
     4                                          ................................
     5                                                    Address of Witness
     6    § 5. Subdivision 3 of section 8-504 of the election law, as renumbered
     7  by chapter 373 of the laws of 1978, is amended to read as follows:
     8    3.  After  receiving the answers as above specified, of any applicant,
     9  the board shall, if it believes the applicant to  be  qualified  or  the
    10  challenge  is withdrawn, permit him or her to vote. Otherwise, the board
    11  shall point out to him or her the qualifications, if any, in respect  of
    12  which he or she shall appear deficient. If, after such deficiencies have
    13  been  so  indicated,  the applicant shall persist in his or her claim to
    14  vote, an inspector shall administer to him or her  the  following  oath,
    15  which  shall  be  known  as  "The Qualification Oath": "You do swear (or
    16  affirm) that you are eighteen years of age, that you are  a  citizen  of
    17  the  United States or an alien lawfully admitted for permanent residence
    18  in the United States and that you have been a resident  of  this  state,
    19  and  of  this county (of the city of New York) (village) for thirty days
    20  next preceding this election, that you still reside at the same  address
    21  from which you have been duly registered in this election district, that
    22  you  have  not  voted  at this election, and that you do not know of any
    23  reason why you are not qualified  to  vote  at  this  election.  You  do
    24  further  declare that you are aware that it is a crime to make any false
    25  statement. That all the statements you have made to the board have  been
    26  true  and  that you understand that a false statement is perjury and you
    27  will be guilty of a misdemeanor."
    28    § 6. Paragraph b of subdivision 5 of section 84-a of the town law,  as
    29  amended  by  section 10 of part LL of chapter 56 of the laws of 2010, is
    30  amended to read as follows:
    31    b. On the reverse side of such envelope shall be printed the following
    32  statement:
    33                         STATEMENT OF ABSENTEE VOTER
    34    I do declare that I will have been a citizen of the United  States  or
    35  an  alien lawfully admitted for permanent residence in the United States
    36  for thirty days, and will be at least eighteen years of age, on the date
    37  of the special town election; that I will have been a resident  of  this
    38  state  and  of  the  town shown on the reverse side of this envelope for
    39  thirty days next preceding the said election; that I am or on such  date
    40  will  be,  a  registered  voter  of  said town; that I will be unable to
    41  appear personally on the day of said special town election at the  poll-
    42  ing  place of the election district in which I am or will be a qualified
    43  voter because of the reason stated on my application heretofore  submit-
    44  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
    45  as set forth on the reverse side of  this  envelope;  that  I  have  not
    46  received or offered, do not expect to receive, have not paid, offered or
    47  promised  to  pay,  contributed,  offered  or  promised to contribute to
    48  another to be paid or used, any money or  other  valuable  thing,  as  a
    49  compensation  or  reward for the giving or withholding of a vote at this
    50  special town election, and have not made any promise  to  influence  the
    51  giving  or withholding of any such votes; that I have not made or become
    52  directly or indirectly interested in any bet or wager depending upon the
    53  result of this special town election; and that I have not been convicted
    54  of bribery or any infamous crime, or, if so convicted, that I have  been
    55  pardoned or restored to all the rights of a citizen, without restriction

        A. 7091                             4
     1  as  to  the  right of suffrage, or received a certificate of relief from
     2  disabilities or a certificate of good conduct pursuant to article  twen-
     3  ty-three  of  the  correction law removing my disability to register and
     4  vote.
     5    I hereby declare that the foregoing is a true statement to the best of
     6  my  knowledge  and  belief, and I understand that if I make any material
     7  false statement in the foregoing statement of absentee voter, I shall be
     8  guilty of a misdemeanor.
     9  Date.............. Signature of Voter..................
    10    § 7. Paragraph a of subdivision 2 of section 213-b of the town law, as
    11  added by chapter 400 of the laws of 1985, is amended to read as follows:
    12    a. An applicant for such an absentee ballot shall submit  an  applica-
    13  tion  setting forth (1) his or her name and residence address, including
    14  the street and number, if any, or town and rural delivery route, if any;
    15  (2) that he or she is or will be, on the day of the election,  a  quali-
    16  fied  voter of the district in which he or she resides in that he or she
    17  is or will be, on such date, over eighteen years of age,  a  citizen  of
    18  the  United States or an alien lawfully admitted for permanent residence
    19  in the United States and has or will have resided in  the  district  for
    20  thirty  days  next preceding such date; (3) that he or she is registered
    21  in the town; (4) that he or she will be unable  to  appear  to  vote  in
    22  person  on  the  day  of  the  election for which the absentee ballot is
    23  requested because he or she is, or will be on such day (a) a patient  in
    24  a  hospital, or unable to appear personally at the polling place on such
    25  day because of illness or physical disability or (b) because his or  her
    26  duties,  occupation or business will require him or her to be outside of
    27  the county or city of his or her residence on such day, (c)  because  he
    28  or  she  will  be  on  vacation outside the county or city of his or her
    29  residence on such day; or, (d) absent from his or her  voting  residence
    30  because he or she is detained in jail awaiting action by a grand jury or
    31  awaiting  trial or is confined in prison after conviction for an offense
    32  other than a felony.  Such application must be received by the  district
    33  secretary at least seven days before the election if the ballot is to be
    34  mailed to the voter, or the day before the election, if the ballot is to
    35  be delivered personally to the voter or his or her agent.
    36    § 8. Paragraph b of subdivision 5 of section 213-b of the town law, as
    37  amended  by  section 12 of part LL of chapter 56 of the laws of 2010, is
    38  amended to read as follows:
    39    b.  On the reverse side of such envelope shall be printed the  follow-
    40  ing statement:
    41                          STATEMENT OF ABSENTEE VOTER
    42    I  do  declare that I will have been a citizen of the United States or
    43  an alien lawfully admitted for permanent residence in the United  States
    44  for thirty days, and will be at least eighteen years of age, on the date
    45  of the district election; that I will have been a resident of this state
    46  and  of  the district if any, shown on the reverse side of this envelope
    47  for thirty days next preceding the said election and that  I  am  or  on
    48  such  date  will be, a registered voter of said district; that I will be
    49  unable to appear personally on the day of said district election at  the
    50  polling  place of the said district in which I am or will be a qualified
    51  voter because of the reason stated on my application heretofore  submit-
    52  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
    53  as set forth on the reverse side of  this  envelope;  that  I  have  not
    54  received or offered, do not expect to receive, have not paid, offered or
    55  promised  to  pay,  contributed,  offered  or  promised to contribute to

        A. 7091                             5
     1  another to be paid or used, any money or  other  valuable  thing,  as  a
     2  compensation  or  reward for the giving or withholding of a vote at this
     3  district election, and have not made any promise to influence the giving
     4  or withholding of any such votes; that I have not made or become direct-
     5  ly  or  indirectly  interested  in  any  bet or wager depending upon the
     6  result of this district election; and that I have not been convicted  of
     7  bribery  or  any  infamous  crime, or, if so convicted, that I have been
     8  pardoned or restored to all the rights of a citizen, without restriction
     9  as to the right of suffrage, or received a certificate  of  relief  from
    10  disabilities  or a certificate of good conduct pursuant to article twen-
    11  ty-three of the correction law removing my disability  to  register  and
    12  vote.
    13    I hereby declare that the foregoing is a true statement to the best of
    14  my  knowledge  and  belief, and I understand that if I make any material
    15  false statement in the foregoing statement of absentee voter, I shall be
    16  guilty of a misdemeanor.
    17  Date............. Signature of Voter ...................................
    18    § 9. Subdivision 1 of section 2012 of the education law, as amended by
    19  chapter 1169 of the laws of 1971, is amended to read as follows:
    20    1. A citizen of the United States or an alien  lawfully  admitted  for
    21  permanent residence in the United States.
    22    §  10. Paragraph a of subdivision 2 of section 2018-a of the education
    23  law, as amended by chapter 136 of the laws of 1991, is amended  to  read
    24  as follows:
    25    a.  An  applicant for such an absentee ballot shall submit an applica-
    26  tion setting forth (1) his or her name and residence address,  including
    27  the street and number, if any, or town and rural delivery route, if any;
    28  (2)  that  he  or  she  is or will be, on the day of the school district
    29  election, a qualified voter of the school district in which  he  or  she
    30  resides  in  that  he  or she is or will be, on such date, over eighteen
    31  years of age, a citizen of the United States or an alien lawfully admit-
    32  ted for permanent residence in the United States and has  or  will  have
    33  resided  in  the  district for thirty days next preceding such date; (3)
    34  whether he or she is registered in the district; (4) that he or she will
    35  be unable to appear to vote in person on the day of the school  district
    36  election  for  which  the absentee ballot is requested because he or she
    37  is, or will be on such day (a) a patient in a  hospital,  or  unable  to
    38  appear personally at the polling place on such day because of illness or
    39  physical  disability or (b) because his or her duties, occupation, busi-
    40  ness, or studies will require him or her to be outside of the county  or
    41  city  of his or her residence on such day, (c) because he or she will be
    42  on vacation outside the county or city of his or her residence  on  such
    43  day;  or,  (d) absent from his or her voting residence because he or she
    44  is detained in jail awaiting action by a grand jury or awaiting trial or
    45  is confined in prison after conviction for an offense other than a felo-
    46  ny. Such application must be received by the  district  clerk  at  least
    47  seven  days  before  the  election  if the ballot is to be mailed to the
    48  voter, or the day before the election, if the ballot is to be  delivered
    49  personally to the voter.
    50    §  11. Paragraph b of subdivision 5 of section 2018-a of the education
    51  law, as amended by section 8 of part LL of chapter 56  of  the  laws  of
    52  2010, is amended to read as follows:
    53    b. On the reverse side of such envelope shall be printed the following
    54  statement:
    55                         STATEMENT OF ABSENTEE VOTER

        A. 7091                             6
     1    I  do  declare  that  I  am a citizen of the United States or an alien
     2  lawfully admitted for permanent residence in the United States, and will
     3  be at least eighteen years of age, on the date of  the  school  district
     4  election;  that  I  will  have  been a resident of this state and of the
     5  school  district  and  school  election  district,  if any, shown on the
     6  reverse side of this envelope for thirty days next  preceding  the  said
     7  election  and duly registered in the school district and school election
     8  district, if any, shown on the reverse side of this envelope and that  I
     9  am  or  on such date will be, a qualified voter of said school district;
    10  that I will be unable to appear personally on the  day  of  said  school
    11  district  election  at the polling place of the said district in which I
    12  am or will be a qualified voter because  of  the  reason  stated  on  my
    13  application  heretofore  submitted;  that  I have not qualified, or do I
    14  intend to vote, elsewhere than as set forth on the reverse side of  this
    15  envelope; that I have not received or offered, do not expect to receive,
    16  have not paid, offered or promised to pay, contributed, offered or prom-
    17  ised  to  contribute  to  another to be paid or used, any money or other
    18  valuable thing, as a compensation or reward for the giving or  withhold-
    19  ing  of  a  vote at this school district election, and have not made any
    20  promise to influence the giving or withholding of any such votes; that I
    21  have not made or become directly or indirectly interested in any bet  or
    22  wager  depending  upon  the result of this school district election; and
    23  that I have not been convicted of bribery or any infamous crime, or,  if
    24  so convicted, that I have been pardoned or restored to all the rights of
    25  a  citizen, without restriction as to the right of suffrage, or received
    26  a certificate of relief from  disabilities  or  a  certificate  of  good
    27  conduct  pursuant to article twenty-three of the correction law removing
    28  my disability to register and vote.
    29    I hereby declare that the foregoing is a true statement to the best of
    30  my knowledge and belief, and I understand that if I  make  any  material
    31  false statement in the foregoing statement of absentee voter, I shall be
    32  guilty of a misdemeanor.
    33  Date.....................Signature of Voter ............................
    34    §  12. Paragraph a of subdivision 2 of section 2018-b of the education
    35  law, as amended by chapter 46 of the laws of 1992, is amended to read as
    36  follows:
    37    a. An applicant for such an absentee ballot shall submit  an  applica-
    38  tion  setting forth (1) his or her name and residence address, including
    39  the street and number, if any, or town and rural delivery route, if any;
    40  (2) that he or she is or will be, on the  day  of  the  school  district
    41  election,  a  qualified  voter of the school district in which he or she
    42  resides in that he or she is or will be, on  such  date,  over  eighteen
    43  years of age, a citizen of the United States or an alien lawfully admit-
    44  ted  for  permanent  residence in the United States and has or will have
    45  resided in the district for thirty days next preceding  such  date;  (3)
    46  that  he or she will be unable to appear to vote in person on the day of
    47  the school district election for which the absentee ballot is  requested
    48  because  he  or she is, or will be on such day (a) a patient in a hospi-
    49  tal, or unable to appear personally at the polling  place  on  such  day
    50  because  of  illness  or  physical  disability or (b) because his or her
    51  duties, occupation, business, or studies will require him or her  to  be
    52  outside  of  the county or city of his or her residence on such day, (c)
    53  because he or she will be on vacation outside the county or city of  his
    54  or  her  residence  on  such  day; or, (d) absent from his or her voting

        A. 7091                             7
     1  residence because he or she is detained in jail  awaiting  action  by  a
     2  grand  jury  or awaiting trial or is confined in prison after conviction
     3  for an offense other than a felony. Such application must be received by
     4  the  district clerk or designee of the trustees or school board at least
     5  seven days before the election if the ballot is  to  be  mailed  to  the
     6  voter,  or the day before the election, if the ballot is to be delivered
     7  personally to the voter.
     8    § 13. Paragraph b of subdivision 6 of section 2018-b of the  education
     9  law,  as  amended  by  section 9 of part LL of chapter 56 of the laws of
    10  2010, is amended to read as follows:
    11    b. On the reverse side of such envelope shall be printed the following
    12  statement:
    13                         STATEMENT OF ABSENTEE VOTER
    14    I do declare that I am a citizen of the  United  States  or  an  alien
    15  lawfully admitted for permanent residence in the United States, and will
    16  be  at  least  eighteen  years of age on the date of the school district
    17  election; that I will have been a resident of  this  state  and  of  the
    18  school  district  and  school  election  district,  if any, shown on the
    19  reverse side of this envelope for thirty days next  preceding  the  said
    20  election  and  that  I  am or on such date will be, a qualified voter of
    21  said school district; that I will be unable to appear personally on  the
    22  day  of  said  school district election at the polling place of the said
    23  district in which I am or will be  a  qualified  voter  because  of  the
    24  reason  stated  on  my application heretofore submitted; that I have not
    25  qualified, or do I intend to vote, elsewhere than as set  forth  on  the
    26  reverse  side  of this envelope; that I have not received or offered, do
    27  not expect to receive, have  not  paid,  offered  or  promised  to  pay,
    28  contributed,  offered or promised to contribute to another to be paid or
    29  used, any money or other valuable thing, as a compensation or reward for
    30  the giving or withholding of a vote at this  school  district  election,
    31  and  have not made any promise to influence the giving or withholding of
    32  any such votes; that I have not made or become  directly  or  indirectly
    33  interested  in any bet or wager depending upon the result of this school
    34  district election; and that I have not been convicted of bribery or  any
    35  infamous  crime,  or,  if  so  convicted,  that  I have been pardoned or
    36  restored to all the rights of a citizen, without restriction as  to  the
    37  right  of  suffrage, or have received a certificate of relief from disa-
    38  bilities or a certificate of good conduct pursuant  to  article  twenty-
    39  three of the correction law removing my disability to vote.
    40    I hereby declare that the foregoing is a true statement to the best of
    41  my  knowledge  and  belief, and I understand that if I make any material
    42  false statement in the foregoing statement of absentee voter, I shall be
    43  guilty of a misdemeanor.
    44  Date....................Signature of Voter .............................
    45    § 14. Subdivision 1 of section 2603 of the education law,  as  amended
    46  by chapter 182 of the laws of 1952, is amended to read as follows:
    47    1.  A  citizen  of the United States or an alien lawfully admitted for
    48  permanent residence in the United States.
    49    § 15. Subdivision 5 of section 2609 of the education law,  as  amended
    50  by chapter 919 of the laws of 1974, is amended to read as follows:
    51    5.  Any  qualified  voter  of a city school district may challenge the
    52  right of a person to vote at the time when he or she requests a  ballot.

        A. 7091                             8
     1  All persons named upon the applicable register as having been challenged
     2  prior  to  the  day of the election shall also be challenged before they
     3  are given ballots to vote. The chairman of the board of inspectors shall
     4  administer  to  each  person  so  challenged  the  following oath: "I do
     5  solemnly swear (or affirm) that I am a citizen of the United  States  or
     6  an alien lawfully admitted for permanent residence in the United States;
     7  that  I  am  of  the  age of eighteen years or more; that I have been an
     8  inhabitant of the State for the past year, a resident of the county  for
     9  the  past four months and for the thirty days past an actual resident of
    10  this city school district and am therefore qualified  to  vote  at  this
    11  election."  If  the  person  challenged  so swears or affirms, he or she
    12  shall be permitted to vote at such election; but  if  he  or  she  shall
    13  refuse  to  so swear or affirm, he or she shall not be given a ballot or
    14  be permitted to vote.
    15    § 16. This act shall take effect on the first of January next succeed-
    16  ing the date on which it shall have become a law; provided however  that
    17  the  amendments to section 5-210 of the election law made by section two
    18  of this act shall take effect on the same date and in the same manner as
    19  chapter 2 of the laws of 2019, takes effect.
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