Bill Text: NY S07962 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2018-03-13 - REFERRED TO ELECTIONS [S07962 Detail]

Download: New_York-2017-S07962-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7962
                    IN SENATE
                                     March 13, 2018
                                       ___________
        Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections
        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
    26  a felony, provided that he or she is qualified to vote in  the  election
    27  district  of his or her residence] unavailable to vote in person for any
    28  reason.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14944-01-8
        S. 7962                             2
     1    A qualified voter desiring to vote at such  election  as  an  absentee
     2  voter  for  any  reason  [specified in subdivision one hereof] must make
     3  application for an absentee ballot on a form to be obtained and filed as
     4  provided herein or by letter as provided in paragraph (d) of this subdi-
     5  vision.
     6    (c) [A statement, as appropriate, that on the day of such election the
     7  applicant  expects  in  good faith to be in one of the following catego-
     8  ries:
     9    (i) absent from the county of his or her residence, or if  a  resident
    10  of the city of New York absent from said city; provided, however, if the
    11  applicant  expects  to be absent from such county or city for a duration
    12  covering more than one election and seeks an absentee  ballot  for  each
    13  election,  he  or  she  shall  state the dates when he or she expects to
    14  begin and end such absence; or
    15    (ii) unable to appear at a polling place because of illness  or  phys-
    16  ical  disability  or  duties  related to the primary care of one or more
    17  individuals who are ill or physically disabled; or
    18    (iii) a resident or patient of a veterans health administration hospi-
    19  tal; or
    20    (iv) detained in jail awaiting action by  a  grand  jury  or  awaiting
    21  trial  or  confined  in jail or prison after a conviction for an offense
    22  other than a felony and stating the place where he or she is so detained
    23  or confined.
    24    (d)] Such application shall permit  the  applicant  to  apply  for  an
    25  absentee ballot for either a primary election or the general election in
    26  any  year  and  for  those  persons who will be continuously absent from
    27  their county of residence during the period  between  the  fall  primary
    28  election  and  the general election in any year to apply for ballots for
    29  both such elections in such year. A voter who applies  for  an  absentee
    30  ballot  shall  be  sent  an  absentee ballot for any special election or
    31  winter primary that occurs during the period of absence specified in the
    32  application.
    33    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    34  have become a law.