NY State Assembly Bill 2009-A4232

Assembly Bill A4232

2009-2010 Legislative Session

Provides for the requirements in absentee ballot applications for village elections to conform to state board of election absentee ballot requirements

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2010	print number 4232c
Jun 17, 2010	amend and recommit to election law
Jun 09, 2010	held for consideration in election law
May 26, 2010	print number 4232b
May 26, 2010	amend and recommit to election law
May 17, 2010	print number 4232a
May 17, 2010	amend and recommit to election law
Jan 06, 2010	referred to election law
Feb 02, 2009	referred to election law

Bill Amendments

Original

C (Active)

2009-A4232 - Details

See Senate Version of this Bill:: S3251
Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Amd §15-120, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3685, S1557
2013-2014: A5065, S3553

2009-A4232 - Summary

Provides for the requirements in absentee ballot applications for village elections to conform to state board of election absentee ballot requirements.

2009-A4232 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4232

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced by M. of A. GALEF, GORDON, MOLINARO, ESPAILLAT, PAULIN, REIL-
  LY  -- Multi-Sponsored by -- M. of A. BOYLAND, CALHOUN, CLARK, CROUCH,
  MAYERSOHN, SPANO --  read  once  and  referred  to  the  Committee  on
  Election Law

AN  ACT  to  amend  the  election law, in relation to absentee voting at
  village elections

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 15-120 of the election law, paragraph (b) of subdi-
vision  1  and  subdivision  8  as amended by chapter 373 of the laws of
1978, subdivision 2 as amended by chapter  279  of  the  laws  of  1983,
subdivision  3  as  amended by chapter 333 of the laws of 1983, subdivi-
sions 4 and 5 as amended by chapter 84 of the laws of 1986 and  subdivi-
sion 6 as amended by chapter 216 of the laws of 1982, is amended to read
as follows:
  S  15-120. Absentee voting at village elections. 1. A qualified [elec-
tor] VOTER of a village may vote as an absentee voter under this section
if during all the hours of voting on the day of  a  general  or  special
village election he will be:
  [(a)  Unavoidably  absent  from  the  county in which his residence is
located because:
  i. he is a member of the armed forces of the United States of America;
or
  ii. he is a student matriculated at an institution of learning located
outside such county; or
  iii. he is a patient at a veterans administration hospital; or
  iv. his duties, occupation or business require him to  be  so  absent,
provided, however, such absence is not caused by the fact that his regu-
lar and daily place of business is located outside of said county.
  (b)  Absent  from the county in which his residence is located because
he is on vacation outside said county.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01720-01-9

A. 4232                             2

  (c) He is the spouse, parent or child of,  and  resides  in  the  same
household with, a person qualified under any of the foregoing paragraphs
of  this  subdivision and will also be absent from said county by reason
of accompanying the person so qualified.]
  (A)  UNAVOIDABLY  ABSENT  FROM  THE  COUNTY OF HIS RESIDENCE, OR, IF A
RESIDENT OF THE CITY OF NEW YORK ABSENT  FROM  SAID  CITY,  BECAUSE  HIS
DUTIES,  OCCUPATION, BUSINESS, OR STUDIES REQUIRE HIM TO BE ELSEWHERE ON
THE DAY OF ELECTION; OR
  (B) ABSENT FROM SUCH COUNTY OR CITY BECAUSE HE IS  ON  VACATION  ELSE-
WHERE ON THE DAY OF ELECTION; OR
  (C)  UNABLE  TO APPEAR PERSONALLY AT THE POLLING PLACE OF THE ELECTION
DISTRICT IN WHICH HE IS A QUALIFIED VOTER BECAUSE OF ILLNESS OR PHYSICAL
DISABILITY, WHETHER PERMANENT OR TEMPORARY, OR BECAUSE HE WILL BE OR  IS
A PATIENT IN A HOSPITAL; OR
  (D)  HE  IS  A  PERSON  ENTITLED TO A BALLOT BECAUSE HE IS A QUALIFIED
VOTER REGISTERED AS AN INMATE OR PATIENT OF A  VETERAN'S  ADMINISTRATION
HOSPITAL; OR
  (E)  ABSENT  FROM THE COUNTY OF HIS RESIDENCE, OR IF A RESIDENT OF THE
CITY OF NEW YORK, ABSENT FROM SAID CITY, BECAUSE OF HIS  ACCOMPANYING  A
SPOUSE,  PARENT OR CHILD WHO WOULD BE ENTITLED TO APPLY FOR THE RIGHT TO
VOTE BY ABSENTEE BALLOT IF A QUALIFIED VOTER; OR
  (F) ABSENT FROM HIS VOTING RESIDENCE BECAUSE HE IS  DETAINED  IN  JAIL
AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL, OR CONFINED IN PRISON
AFTER  A CONVICTION FOR AN OFFENSE OTHER THAN A FELONY, PROVIDED THAT HE
IS QUALIFIED TO VOTE IN THE ELECTION DISTRICT OF HIS RESIDENCE.
  2. Each person entitled to vote as an absentee voter pursuant to  this
section  and desirous of obtaining an absentee ballot shall make written
application therefor to the village clerk.  Application  forms  for  use
pursuant  to  this  section  shall  be in a form prescribed by the state
board of elections. The use of  any  application  which  is  on  a  form
prescribed by the state board of elections shall be acceptable.
  3.  An application for an absentee ballot must be signed by the appli-
cant.  Such application may require that the applicant submit a  certif-
icate  in  lieu  of any affidavit which shall state that the information
contained in the application is true. Such certificate shall be accepted
for all purposes as the equivalent of an affidavit and  shall  have  the
following language printed in bold face type above the signature line:
        "I UNDERSTAND THAT THIS CERTIFICATE WILL BE ACCEPTED FOR
        ALL  PURPOSES  AS THE EQUIVALENT OF AN AFFIDAVIT AND, IF
        IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT ME
        TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN."
  4. THE APPLICATION FOR AN ABSENTEE BALLOT WHEN FILED MUST  CONTAIN  IN
EACH INSTANCE THE FOLLOWING INFORMATION:
  (A)  APPLICANT'S FULL NAME AND RESIDENCE ADDRESS, INCLUDING THE STREET
AND NUMBER, IF ANY, RURAL DELIVERY ROUTE, IF  ANY,  MAILING  ADDRESS  IF
DIFFERENT FROM THE RESIDENCE ADDRESS AND HIS TOWN OR CITY AND AN ADDRESS
TO WHICH THE BALLOT SHALL BE MAILED.
  (B)  A  STATEMENT  THAT  THE  APPLICANT  IS A QUALIFIED AND REGISTERED
VOTER, AND THAT HE DOES NOT KNOW OF ANY REASON WHY HE IS NO LONGER QUAL-
IFIED TO VOTE.
  (C) A STATEMENT, AS APPROPRIATE, THAT ON THE DAY OF SUCH ELECTION  THE
APPLICANT  EXPECTS  IN  GOOD FAITH TO BE IN ONE OF THE FOLLOWING CATEGO-
RIES:
  (I) UNAVOIDABLY ABSENT FROM THE COUNTY OF HIS RESIDENCE, OR IF A RESI-
DENT OF THE CITY OF NEW YORK ABSENT FROM SAID CITY, BECAUSE HIS  DUTIES,
OCCUPATION, BUSINESS OR STUDIES REQUIRE HIM TO BE ELSEWHERE ON SUCH DAY,

A. 4232                             3

AND WHERE SUCH DUTIES, OCCUPATION, BUSINESS OR STUDIES ARE NOT OF SUCH A
NATURE  AS  ORDINARILY  TO  REQUIRE  SUCH  ABSENCE,  A STATEMENT BRIEFLY
DESCRIBING THE SPECIAL CIRCUMSTANCES  REQUIRING  SUCH  ABSENCE  AND  THE
DATES WHEN HE EXPECTS TO BEGIN AND END SUCH ABSENCE; OR
  (II)  ABSENT FROM THE COUNTY OF HIS RESIDENCE, OR IF A RESIDENT OF THE
CITY OF NEW YORK ABSENT FROM SAID CITY, BECAUSE HE WILL BE  ON  VACATION
ELSEWHERE  ON SUCH DAY, THE DATES UPON WHICH HE EXPECTS TO BEGIN AND END
SUCH VACATION, THE PLACE OR PLACES WHERE HE EXPECTS TO BE ON SUCH  VACA-
TION,  THE NAME AND ADDRESS OF HIS EMPLOYER, IF ANY, OR IF SELF-EMPLOYED
OR RETIRED A STATEMENT TO SUCH EFFECT; OR
  (III) ILL OR PHYSICALLY DISABLED; THAT HE  HAS  BEEN  ADVISED  BY  HIS
MEDICAL  PRACTITIONER  OR  CHRISTIAN  SCIENCE  PRACTITIONER, GIVING SAID
PRACTITIONER'S NAME AND ADDRESS, THAT HE WILL NOT BE ABLE TO GO  TO  HIS
POLLING  PLACE  FOR SUCH ELECTION, AND WHETHER SAID ILLNESS IS PERMANENT
OR TEMPORARY; IF HE EXPECTS TO BE A PATIENT IN A HOSPITAL HE SHALL STATE
THE NAME AND ADDRESS OF SAID HOSPITAL; OR
  (IV) ENTITLED TO A BALLOT BECAUSE HE IS A QUALIFIED  VOTER  REGISTERED
AS AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (V) DETAINED IN JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL
OR  CONFINED  IN  PRISON  AFTER A CONVICTION FOR AN OFFENSE OTHER THAN A
FELONY AND STATING THE PLACE WHERE HE IS SO DETAINED OR CONFINED; OR
  (VI) ABSENT FROM THE COUNTY OF HIS RESIDENCE, OR IF A RESIDENT OF  THE
CITY  OF NEW YORK ABSENT FROM SAID CITY, BECAUSE OF HIS ACCOMPANYING HIS
SPOUSE, PARENT OR CHILD WHO FALLS WITHIN ONE OF  THE  FOREGOING  CATEGO-
RIES;  A  STATEMENT  THAT  THE  APPLICANT  RESIDES  IN THE SAME ELECTION
DISTRICT AS SUCH SPOUSE, PARENT OR CHILD, THE NAME AND ADDRESS  OF  SUCH
SPOUSE,  PARENT  OR  CHILD,  AND, UNLESS THE APPLICATION ACCOMPANIES THE
APPLICATION OF SUCH SPOUSE, PARENT OR CHILD, THE INFORMATION AS  TO  THE
STATUS  OF SUCH SPOUSE, PARENT OR CHILD REQUIRED BY THE APPLICABLE CATE-
GORY.
  (D) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN-
TEE BALLOT FOR EITHER A PRIMARY ELECTION OR THE GENERAL ELECTION IN  ANY
YEAR  AND  FOR  THOSE PERSONS WHO WILL BE CONTINUOUSLY ABSENT FROM THEIR
COUNTY OF RESIDENCE DURING THE PERIOD BETWEEN THE FALL PRIMARY  ELECTION
AND  THE GENERAL ELECTION IN ANY YEAR TO APPLY FOR BALLOTS FOR BOTH SUCH
ELECTIONS IN SUCH YEAR.
  5. An application must be received by the  village  clerk  no  earlier
than  [four  months]  THE THIRTIETH DAY before the election for which an
absentee ballot is sought. If the application requests that the absentee
ballot be mailed, such application must be received not later than seven
days before the election. If the applicant or  his  agent  delivers  the
application  to  the  village  clerk in person, such application must be
received not later than the day before the election. The  village  clerk
shall  examine each application and shall determine from the information
contained therein whether the applicant is qualified under this  section
to  receive  an absentee ballot. The clerk in making such decision shall
not determine whether the applicant is a qualified elector, said  deter-
mination  being reserved to the inspectors of election as is hereinafter
provided in subdivision [eight] NINE of this section.
  [5] 6.  No later than six days before the election for which an appli-
cation has been received and for which the village clerk has  determined
the  applicant  to  be  qualified to vote by absentee ballot the village
clerk shall mail, by regular mail, an absentee ballot to each  qualified
applicant  who  has  applied  before such day and who has requested that
such absentee ballot be mailed to him at the address set  forth  in  his
application.  If  the applicant or his agent delivers the application to

A. 4232                             4

the village clerk in person after the seventh  day  before  the  village
election  and  not  later  than the day before the election, the village
clerk shall forthwith deliver such absentee ballots for those applicants
whom  he  determines  are  qualified  to  make  such applications and to
receive such ballots to such applicants  or  the  agents  named  in  the
applications  when  such  applicants  or  agents  appear  in the village
clerk's office.
  [6] 7.  The absentee ballot shall be caused to be prepared and printed
by the village clerk as provided by law for  paper  ballots  or  machine
ballots,  whichever  are  to  be  used  in said election and appropriate
modifications for the purposes of this section. He shall also  cause  to
be prepared and printed return envelopes addressed to him, conforming so
far  as  may  be  practicable  to the provisions of this chapter stating
thereon that in order for the ballot contained therein to be counted  it
must  be  received  by the village clerk not later than the close of the
polls on election day. On the reverse side of each return envelope there
shall be written instructions for the  voter  to  insert  at  designated
places his signature, his name printed, his residence address within the
village  and  his  village  election  district if there be more than one
district within the village.
  [7] 8.  The method of marking, preparing and mailing such  ballot  for
voting  shall  conform,  wherever  practicable,  to the methods used for
absentee ballots for a general election, except  that  the  envelope  in
which it is contained shall be returned to the village clerk. On the day
of the election, the village clerk shall deliver all such ballots, which
have  been  returned  to  him,  in  the sealed envelopes to the board of
inspectors of election of the proper election district.  No such  ballot
shall  be  deemed  to have been voted unless or until it shall have been
delivered to the  board  of  inspectors  of  election  of  the  election
district  in which the elector casting the ballot resides and shall have
been deposited by the chairman of such board in  the  box  provided  for
receiving such ballot.
  [8]  9.    When such ballots shall have been delivered to the board of
inspectors of election of the proper election district  and  shall  have
been duly determined by such board to have been lawfully cast by a qual-
ified  elector of such district, the chairman of such board shall, after
the close of the polls, open the envelopes containing such ballots  and,
without  unfolding  such  ballots  or  permitting the face thereof to be
exposed to the view of anyone, shall deposit each such ballot in  a  box
specifically  furnished  for  such  purpose by the village clerk. If the
board of inspectors shall determine that any such ballot has  been  cast
by  an  elector  who would not be qualified under the provisions of this
section, then such ballot shall not be counted.
  [9] 10.  After all the ballots shall  have  been  deposited,  the  box
shall  be  opened and such ballots canvassed in the same manner as other
ballots cast at such election and shall be counted and included  in  the
total of all ballots cast at such election.
  S 2. This act shall take effect immediately.

2009-A4232A - Details

See Senate Version of this Bill:: S3251
Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Amd §15-120, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3685, S1557
2013-2014: A5065, S3553

2009-A4232A - Summary

Provides for the requirements in absentee ballot applications for village elections to conform to state board of election absentee ballot requirements.

2009-A4232A - Sponsor Memo

2009-A4232A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4232--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced by M. of A. GALEF, GORDON, MOLINARO, ESPAILLAT, PAULIN, REIL-
  LY  -- Multi-Sponsored by -- M. of A. BOYLAND, CALHOUN, CLARK, CROUCH,
  MAYERSOHN, SPANO --  read  once  and  referred  to  the  Committee  on
  Election  Law  --  recommitted  to  the  Committee  on Election Law in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the election law, in  relation  to  absentee  voting  at
  village elections

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 15-120 of the election law, paragraph (b) of subdi-
vision 1 and subdivision 8 as amended by chapter  373  of  the  laws  of
1978,  subdivision  2  as  amended  by  chapter 279 of the laws of 1983,
subdivision 3 as amended by chapter 333 of the laws  of  1983,  subdivi-
sions  4 and 5 as amended by chapter 84 of the laws of 1986 and subdivi-
sion 6 as amended by chapter 216 of the laws of 1982, is amended to read
as follows:
  S 15-120. Absentee voting at village elections. 1. A qualified  [elec-
tor] VOTER of a village may vote as an absentee voter under this section
if  during  all  the  hours of voting on the day of a general or special
village election he OR SHE will be:
  [(a) Unavoidably absent from the county  in  which  his  residence  is
located because:
  i. he is a member of the armed forces of the United States of America;
or
  ii. he is a student matriculated at an institution of learning located
outside such county; or
  iii. he is a patient at a veterans administration hospital; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01720-04-0

A. 4232--A                          2

  iv.  his  duties,  occupation or business require him to be so absent,
provided, however, such absence is not caused by the fact that his regu-
lar and daily place of business is located outside of said county.
  (b)  Absent  from the county in which his residence is located because
he is on vacation outside said county.
  (c) He is the spouse, parent or child of,  and  resides  in  the  same
household with, a person qualified under any of the foregoing paragraphs
of  this  subdivision and will also be absent from said county by reason
of accompanying the person so qualified.]
  (A) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE, OR, IF A  RESIDENT
OF THE CITY OF NEW YORK ABSENT FROM SAID CITY; OR
  (B)  UNABLE  TO APPEAR PERSONALLY AT THE POLLING PLACE OF THE ELECTION
DISTRICT IN WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE OF  ILLNESS  OR
PHYSICAL  DISABILITY  OR  BECAUSE HE OR SHE WILL BE OR IS A PATIENT IN A
HOSPITAL; OR
  (C) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (D) ABSENT FROM HIS OR HER VOTING  RESIDENCE  BECAUSE  HE  OR  SHE  IS
DETAINED  IN  JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL, OR
CONFINED IN JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER  THAN
A  FELONY,  PROVIDED THAT HE OR SHE IS QUALIFIED TO VOTE IN THE ELECTION
DISTRICT OF HIS OR HER RESIDENCE.
  2. Each person entitled to vote as an absentee voter pursuant to  this
section  and desirous of obtaining an absentee ballot shall make written
application therefor to the village clerk.  Application  forms  for  use
pursuant  to  this  section  shall  be in a form prescribed by the state
board of elections. The use of  any  application  which  is  on  a  form
prescribed by the state board of elections shall be acceptable.
  3.  An application for an absentee ballot must be signed by the appli-
cant.  Such application may require that the applicant submit a  certif-
icate  in  lieu  of any affidavit which shall state that the information
contained in the application is true. Such certificate shall be accepted
for all purposes as the equivalent of an affidavit and  shall  have  the
following language printed in bold face type above the signature line:
        "I UNDERSTAND THAT THIS CERTIFICATE WILL BE ACCEPTED FOR
        ALL  PURPOSES  AS THE EQUIVALENT OF AN AFFIDAVIT AND, IF
        IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT ME
        TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN."
  4. THE APPLICATION FOR AN ABSENTEE BALLOT WHEN FILED MUST  CONTAIN  IN
EACH INSTANCE THE FOLLOWING INFORMATION:
  (A)  APPLICANT'S  FULL  NAME,  DATE  OF  BIRTH, AND RESIDENCE ADDRESS,
INCLUDING THE STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE,  IF  ANY,
MAILING  ADDRESS  IF DIFFERENT FROM THE RESIDENCE ADDRESS AND HIS OR HER
TOWN OR CITY AND AN ADDRESS TO WHICH THE BALLOT SHALL BE MAILED.
  (B) A STATEMENT THAT THE  APPLICANT  IS  A  QUALIFIED  AND  REGISTERED
VOTER.
  (C)  A STATEMENT, AS APPROPRIATE, THAT ON THE DAY OF SUCH ELECTION THE
APPLICANT EXPECTS IN GOOD FAITH TO BE IN ONE OF  THE  FOLLOWING  CATEGO-
RIES:
  (I)  ABSENT  FROM THE COUNTY OF HIS OR HER RESIDENCE, OR IF A RESIDENT
OF THE CITY OF NEW YORK ABSENT FROM SAID CITY; PROVIDED, HOWEVER, IF THE
APPLICANT EXPECTS TO BE ABSENT FROM SUCH COUNTY OR CITY FOR  A  DURATION
COVERING  MORE  THAN  ONE ELECTION AND SEEKS AN ABSENTEE BALLOT FOR EACH
ELECTION, HE OR SHE SHALL STATE THE DATES WHEN  HE  OR  SHE  EXPECTS  TO
BEGIN AND END SUCH ABSENCE; OR
  (II)  ILL  OR  PHYSICALLY DISABLED; THAT HE OR SHE HAS BEEN ADVISED BY
HIS OR HER  MEDICAL  PRACTITIONER  OR  CHRISTIAN  SCIENCE  PRACTITIONER,

A. 4232--A                          3

GIVING  SAID PRACTITIONER'S NAME AND ADDRESS, THAT HE OR SHE WILL NOT BE
ABLE TO GO TO HIS OR HER POLLING PLACE FOR SUCH  ELECTION,  AND  WHETHER
SAID  ILLNESS  IS  PERMANENT  OR TEMPORARY; IF HE OR SHE EXPECTS TO BE A
PATIENT IN A HOSPITAL HE OR SHE SHALL STATE THE NAME AND ADDRESS OF SAID
HOSPITAL; OR
  (III) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (IV)  DETAINED  IN  JAIL  AWAITING  ACTION BY A GRAND JURY OR AWAITING
TRIAL OR CONFINED IN JAIL OR PRISON AFTER A CONVICTION  FOR  AN  OFFENSE
OTHER THAN A FELONY AND STATING THE PLACE WHERE HE OR SHE IS SO DETAINED
OR CONFINED.
  (D) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN-
TEE  BALLOT FOR EITHER A PRIMARY ELECTION OR THE GENERAL ELECTION IN ANY
YEAR AND FOR THOSE PERSONS WHO WILL BE CONTINUOUSLY  ABSENT  FROM  THEIR
COUNTY  OF RESIDENCE DURING THE PERIOD BETWEEN THE FALL PRIMARY ELECTION
AND THE GENERAL ELECTION IN ANY YEAR TO APPLY FOR BALLOTS FOR BOTH  SUCH
ELECTIONS IN SUCH YEAR. A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT SHALL
BE  SENT  AN  ABSENTEE BALLOT FOR ANY SPECIAL ELECTION OR WINTER PRIMARY
THAT OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLICATION.
  5. An application must be received by the  village  clerk  no  earlier
than  [four  months]  THE THIRTIETH DAY before the election for which an
absentee ballot is sought. If the application requests that the absentee
ballot be mailed, such application must be received not later than seven
days before the election. If the applicant or his OR HER agent  delivers
the application to the village clerk in person, such application must be
received  not  later than the day before the election. The village clerk
shall examine each application and shall determine from the  information
contained  therein whether the applicant is qualified under this section
to receive an absentee ballot. The clerk in making such  decision  shall
not  determine whether the applicant is a qualified elector, said deter-
mination being reserved to the inspectors of election as is  hereinafter
provided in subdivision [eight] NINE of this section.
  [5] 6.  No later than six days before the election for which an appli-
cation  has been received and for which the village clerk has determined
the applicant to be qualified to vote by  absentee  ballot  the  village
clerk  shall mail, by regular mail, an absentee ballot to each qualified
applicant who has applied before such day and  who  has  requested  that
such absentee ballot be mailed to him OR HER at the address set forth in
his  OR  HER  application. If the applicant or his OR HER agent delivers
the application to the village clerk in person  after  the  seventh  day
before  the  village  election  and  not  later  than the day before the
election, the  village  clerk  shall  forthwith  deliver  such  absentee
ballots  for those applicants whom he OR SHE determines are qualified to
make such applications and to receive such ballots to such applicants or
the agents named in the applications  when  such  applicants  or  agents
appear in the village clerk's office.
  [6] 7.  The absentee ballot shall be caused to be prepared and printed
by  the  village  clerk  as provided by law for paper ballots or machine
ballots, whichever are to be  used  in  said  election  and  appropriate
modifications  for  the  purposes  of this section. He OR SHE shall also
cause to be prepared and printed return envelopes addressed  to  him  OR
HER,  conforming  so far as may be practicable to the provisions of this
chapter stating thereon that in order for the ballot  contained  therein
to  be  counted  it must be received by the village clerk not later than
the close of the polls on election day. On  the  reverse  side  of  each
return  envelope  there  shall  be written instructions for the voter to
insert at designated places his OR HER signature, his OR HER name print-

A. 4232--A                          4

ed, his OR HER residence address within  the  village  and  his  OR  HER
village  election district if there be more than one district within the
village.
  [7]  8.   The method of marking, preparing and mailing such ballot for
voting shall conform, wherever practicable,  to  the  methods  used  for
absentee  ballots  for  a  general election, except that the envelope in
which it is contained shall be returned to the village clerk. On the day
of the election, the village clerk shall deliver all such ballots, which
have been returned to him OR HER, in the sealed envelopes to  the  board
of  inspectors  of  election  of the proper election district.   No such
ballot shall be deemed to have been voted unless or until it shall  have
been  delivered  to  the board of inspectors of election of the election
district in which the elector casting the ballot resides and shall  have
been  deposited  by  the  chairman of such board in the box provided for
receiving such ballot.
  [8] 9.  When such ballots shall have been delivered to  the  board  of
inspectors  of  election  of the proper election district and shall have
been duly determined by such board to have been lawfully cast by a qual-
ified elector of such district, the chairman of such board shall,  after
the  close of the polls, open the envelopes containing such ballots and,
without unfolding such ballots or permitting  the  face  thereof  to  be
exposed  to  the view of anyone, shall deposit each such ballot in a box
specifically furnished for such purpose by the  village  clerk.  If  the
board  of  inspectors shall determine that any such ballot has been cast
by an elector who would not be qualified under the  provisions  of  this
section, then such ballot shall not be counted.
  [9]  10.    After  all  the ballots shall have been deposited, the box
shall be opened and such ballots canvassed in the same manner  as  other
ballots  cast  at such election and shall be counted and included in the
total of all ballots cast at such election.
  S 2. This act shall take effect immediately.

2009-A4232B - Details

See Senate Version of this Bill:: S3251
Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Amd §15-120, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3685, S1557
2013-2014: A5065, S3553

2009-A4232B - Summary

Provides for the requirements in absentee ballot applications for village elections to conform to state board of election absentee ballot requirements.

2009-A4232B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4232--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced by M. of A. GALEF, GORDON, MOLINARO, ESPAILLAT, PAULIN, REIL-
  LY  -- Multi-Sponsored by -- M. of A. BOYLAND, CALHOUN, CLARK, CROUCH,
  MAYERSOHN, SPANO --  read  once  and  referred  to  the  Committee  on
  Election  Law  --  recommitted  to  the  Committee  on Election Law in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  election law, in relation to absentee voting at
  village elections

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 15-120 of the election law, paragraph (b) of subdi-
vision  1  and  subdivision  8  as amended by chapter 373 of the laws of
1978, subdivision 2 as amended by chapter  279  of  the  laws  of  1983,
subdivision  3  as  amended by chapter 333 of the laws of 1983, subdivi-
sions 4 and 5 as amended by chapter 84 of the laws of 1986 and  subdivi-
sion 6 as amended by chapter 216 of the laws of 1982, is amended to read
as follows:
  S  15-120. Absentee voting at village elections. 1. A qualified [elec-
tor] VOTER of a village may vote as an absentee voter under this section
if during all the hours of voting on the day of  a  general  or  special
village election he OR SHE will be:
  [(a)  Unavoidably  absent  from  the  county in which his residence is
located because:
  i. he is a member of the armed forces of the United States of America;
or
  ii. he is a student matriculated at an institution of learning located
outside such county; or
  iii. he is a patient at a veterans administration hospital; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01720-06-0

A. 4232--B                          2

  iv. his duties, occupation or business require him to  be  so  absent,
provided, however, such absence is not caused by the fact that his regu-
lar and daily place of business is located outside of said county.
  (b)  Absent  from the county in which his residence is located because
he is on vacation outside said county.
  (c) He is the spouse, parent or child of,  and  resides  in  the  same
household with, a person qualified under any of the foregoing paragraphs
of  this  subdivision and will also be absent from said county by reason
of accompanying the person so qualified.]
  (A) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE, OR, IF A  RESIDENT
OF THE CITY OF NEW YORK ABSENT FROM SAID CITY; OR
  (B)  UNABLE  TO APPEAR PERSONALLY AT THE POLLING PLACE OF THE ELECTION
DISTRICT IN WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE OF  ILLNESS  OR
PHYSICAL  DISABILITY  OR  BECAUSE HE OR SHE WILL BE OR IS A PATIENT IN A
HOSPITAL; OR
  (C) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (D) ABSENT FROM HIS OR HER VOTING  RESIDENCE  BECAUSE  HE  OR  SHE  IS
DETAINED  IN  JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL, OR
CONFINED IN JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER  THAN
A  FELONY,  PROVIDED THAT HE OR SHE IS QUALIFIED TO VOTE IN THE ELECTION
DISTRICT OF HIS OR HER RESIDENCE.
  2. Each person entitled to vote as an absentee voter pursuant to  this
section  and desirous of obtaining an absentee ballot shall make written
application therefor to the village clerk.  Application  forms  for  use
pursuant  to  this  section  shall  be in a form prescribed by the state
board of elections. The use of  any  application  which  is  on  a  form
prescribed by the state board of elections shall be acceptable.
  3.  An application for an absentee ballot must be signed by the appli-
cant.  Such application may require that the applicant submit a  certif-
icate  in  lieu  of any affidavit which shall state that the information
contained in the application is true. Such certificate shall be accepted
for all purposes as the equivalent of an affidavit and  shall  have  the
following language printed in bold face type above the signature line:
        "I UNDERSTAND THAT THIS CERTIFICATE WILL BE ACCEPTED FOR
        ALL  PURPOSES  AS THE EQUIVALENT OF AN AFFIDAVIT AND, IF
        IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT ME
        TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN."
  4. THE APPLICATION FOR AN ABSENTEE BALLOT WHEN FILED MUST  CONTAIN  IN
EACH INSTANCE THE FOLLOWING INFORMATION:
  (A)  APPLICANT'S  FULL  NAME,  DATE  OF  BIRTH, AND RESIDENCE ADDRESS,
INCLUDING THE STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE,  IF  ANY,
MAILING  ADDRESS  IF DIFFERENT FROM THE RESIDENCE ADDRESS AND HIS OR HER
TOWN OR CITY AND AN ADDRESS TO WHICH THE BALLOT SHALL BE MAILED.
  (B) A STATEMENT THAT THE  APPLICANT  IS  A  QUALIFIED  AND  REGISTERED
VOTER.
  (C)  A STATEMENT, AS APPROPRIATE, THAT ON THE DAY OF SUCH ELECTION THE
APPLICANT EXPECTS IN GOOD FAITH TO BE IN ONE OF  THE  FOLLOWING  CATEGO-
RIES:
  (I)  ABSENT  FROM THE COUNTY OF HIS OR HER RESIDENCE, OR IF A RESIDENT
OF THE CITY OF NEW YORK ABSENT FROM SAID CITY; PROVIDED, HOWEVER, IF THE
APPLICANT EXPECTS TO BE ABSENT FROM SUCH COUNTY OR CITY FOR  A  DURATION
COVERING  MORE  THAN  ONE ELECTION AND SEEKS AN ABSENTEE BALLOT FOR EACH
ELECTION, HE OR SHE SHALL STATE THE DATES WHEN  HE  OR  SHE  EXPECTS  TO
BEGIN AND END SUCH ABSENCE; OR

A. 4232--B                          3

  (II)  UNABLE  TO APPEAR AT A POLLING PLACE BECAUSE OF ILLNESS OR PHYS-
ICAL DISABILITY OR DUTIES RELATED TO THE PRIMARY CARE  OF  ONE  OR  MORE
INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED; OR
  (III) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (IV)  DETAINED  IN  JAIL  AWAITING  ACTION BY A GRAND JURY OR AWAITING
TRIAL OR CONFINED IN JAIL OR PRISON AFTER A CONVICTION  FOR  AN  OFFENSE
OTHER THAN A FELONY AND STATING THE PLACE WHERE HE OR SHE IS SO DETAINED
OR CONFINED.
  (D) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN-
TEE  BALLOT FOR EITHER A PRIMARY ELECTION OR THE GENERAL ELECTION IN ANY
YEAR AND FOR THOSE PERSONS WHO WILL BE CONTINUOUSLY  ABSENT  FROM  THEIR
COUNTY  OF RESIDENCE DURING THE PERIOD BETWEEN THE FALL PRIMARY ELECTION
AND THE GENERAL ELECTION IN ANY YEAR TO APPLY FOR BALLOTS FOR BOTH  SUCH
ELECTIONS IN SUCH YEAR. A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT SHALL
BE  SENT  AN  ABSENTEE BALLOT FOR ANY SPECIAL ELECTION OR WINTER PRIMARY
THAT OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLICATION.
  5. An application must be received by the  village  clerk  no  earlier
than  [four  months]  THE THIRTIETH DAY before the election for which an
absentee ballot is sought. If the application requests that the absentee
ballot be mailed, such application must be received not later than seven
days before the election. If the applicant or his OR HER agent  delivers
the application to the village clerk in person, such application must be
received  not  later than the day before the election. The village clerk
shall examine each application and shall determine from the  information
contained  therein whether the applicant is qualified under this section
to receive an absentee ballot. The clerk in making such  decision  shall
not  determine whether the applicant is a qualified elector, said deter-
mination being reserved to the inspectors of election as is  hereinafter
provided in subdivision [eight] NINE of this section.
  [5] 6.  No later than six days before the election for which an appli-
cation  has been received and for which the village clerk has determined
the applicant to be qualified to vote by  absentee  ballot  the  village
clerk  shall mail, by regular mail, an absentee ballot to each qualified
applicant who has applied before such day and  who  has  requested  that
such absentee ballot be mailed to him OR HER at the address set forth in
his  OR  HER  application. If the applicant or his OR HER agent delivers
the application to the village clerk in person  after  the  seventh  day
before  the  village  election  and  not  later  than the day before the
election, the  village  clerk  shall  forthwith  deliver  such  absentee
ballots  for those applicants whom he OR SHE determines are qualified to
make such applications and to receive such ballots to such applicants or
the agents named in the applications  when  such  applicants  or  agents
appear in the village clerk's office.
  [6] 7.  The absentee ballot shall be caused to be prepared and printed
by  the  village  clerk  as provided by law for paper ballots or machine
ballots, whichever are to be  used  in  said  election  and  appropriate
modifications  for  the  purposes  of this section. He OR SHE shall also
cause to be prepared and printed return envelopes addressed  to  him  OR
HER,  conforming  so far as may be practicable to the provisions of this
chapter stating thereon that in order for the ballot  contained  therein
to  be  counted  it must be received by the village clerk not later than
the close of the polls on election day. On  the  reverse  side  of  each
return  envelope  there  shall  be written instructions for the voter to
insert at designated places his OR HER signature, his OR HER name print-
ed, his OR HER residence address within  the  village  and  his  OR  HER

A. 4232--B                          4

village  election district if there be more than one district within the
village.
  [7]  8.   The method of marking, preparing and mailing such ballot for
voting shall conform, wherever practicable,  to  the  methods  used  for
absentee  ballots  for  a  general election, except that the envelope in
which it is contained shall be returned to the village clerk. On the day
of the election, the village clerk shall deliver all such ballots, which
have been returned to him OR HER, in the sealed envelopes to  the  board
of  inspectors  of  election  of the proper election district.   No such
ballot shall be deemed to have been voted unless or until it shall  have
been  delivered  to  the board of inspectors of election of the election
district in which the elector casting the ballot resides and shall  have
been  deposited  by  the  chairman of such board in the box provided for
receiving such ballot.
  [8] 9.  When such ballots shall have been delivered to  the  board  of
inspectors  of  election  of the proper election district and shall have
been duly determined by such board to have been lawfully cast by a qual-
ified elector of such district, the chairman of such board shall,  after
the  close of the polls, open the envelopes containing such ballots and,
without unfolding such ballots or permitting  the  face  thereof  to  be
exposed  to  the view of anyone, shall deposit each such ballot in a box
specifically furnished for such purpose by the  village  clerk.  If  the
board  of  inspectors shall determine that any such ballot has been cast
by an elector who would not be qualified under the  provisions  of  this
section, then such ballot shall not be counted.
  [9]  10.    After  all  the ballots shall have been deposited, the box
shall be opened and such ballots canvassed in the same manner  as  other
ballots  cast  at such election and shall be counted and included in the
total of all ballots cast at such election.
  S 2. This act shall take effect immediately.

2009-A4232C (ACTIVE) - Details

See Senate Version of this Bill:: S3251
Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Amd §15-120, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3685, S1557
2013-2014: A5065, S3553

2009-A4232C (ACTIVE) - Summary

Provides for the requirements in absentee ballot applications for village elections to conform to state board of election absentee ballot requirements.

2009-A4232C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4232--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced by M. of A. GALEF, GORDON, MOLINARO, ESPAILLAT, PAULIN, REIL-
  LY  -- Multi-Sponsored by -- M. of A. BOYLAND, CALHOUN, CLARK, CROUCH,
  MAYERSOHN, SPANO --  read  once  and  referred  to  the  Committee  on
  Election  Law  --  recommitted  to  the  Committee  on Election Law in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  election law, in relation to absentee voting at
  village elections

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 15-120 of the election law, paragraph (b) of subdi-
vision  1  and  subdivision  8  as amended by chapter 373 of the laws of
1978, subdivision 2 as amended by chapter  279  of  the  laws  of  1983,
subdivision  3  as  amended by chapter 333 of the laws of 1983, subdivi-
sions 4 and 5 as amended by chapter 84 of the laws of 1986 and  subdivi-
sion 6 as amended by chapter 216 of the laws of 1982, is amended to read
as follows:
  S  15-120. Absentee voting at village elections. 1. A qualified [elec-
tor] VOTER of a village may vote as an absentee voter under this section
if during all the hours of voting on the day of  a  general  or  special
village election he OR SHE will be:
  [(a)  Unavoidably  absent  from  the  county in which his residence is
located because:
  i. he is a member of the armed forces of the United States of America;
or
  ii. he is a student matriculated at an institution of learning located
outside such county; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01720-10-0

A. 4232--C                          2

  iii. he is a patient at a veterans administration hospital; or
  iv.  his  duties,  occupation or business require him to be so absent,
provided, however, such absence is not caused by the fact that his regu-
lar and daily place of business is located outside of said county.
  (b) Absent from the county in which his residence is  located  because
he is on vacation outside said county.
  (c)  He  is  the  spouse,  parent or child of, and resides in the same
household with, a person qualified under any of the foregoing paragraphs
of this subdivision and will also be absent from said county  by  reason
of accompanying the person so qualified.]
  (A) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; OR
  (B)  UNABLE TO APPEAR AT THE POLLING PLACE BECAUSE OF ILLNESS OR PHYS-
ICAL DISABILITY, OR DUTIES RELATED TO THE PRIMARY CARE OF  ONE  OR  MORE
INDIVIDUALS  WHO  ARE  ILL  OR PHYSICALLY DISABLED, OR BECAUSE HE OR SHE
WILL BE OR IS A PATIENT IN A HOSPITAL; OR
  (C) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (D) ABSENT FROM HIS OR HER VOTING  RESIDENCE  BECAUSE  HE  OR  SHE  IS
DETAINED  IN  JAIL AWAITING ACTION BY A GRAND JURY OR AWAITING TRIAL, OR
CONFINED IN JAIL OR PRISON AFTER A CONVICTION FOR AN OFFENSE OTHER  THAN
A  FELONY,  PROVIDED THAT HE OR SHE IS QUALIFIED TO VOTE IN THE ELECTION
DISTRICT OF HIS OR HER RESIDENCE.
  2. Each person entitled to vote as an absentee voter pursuant to  this
section  and desirous of obtaining an absentee ballot shall make written
application therefor to the village clerk.  Application  forms  for  use
pursuant  to  this  section  shall  be in a form prescribed by the state
board of elections. The use of  any  application  which  is  on  a  form
prescribed by the state board of elections shall be acceptable.
  3.  An application for an absentee ballot must be signed by the appli-
cant.  Such application may require that the applicant submit a  certif-
icate  in  lieu  of any affidavit which shall state that the information
contained in the application is true. Such certificate shall be accepted
for all purposes as the equivalent of an affidavit and  shall  have  the
following language printed in bold face type above the signature line:
        "I UNDERSTAND THAT THIS CERTIFICATE WILL BE ACCEPTED FOR
        ALL  PURPOSES  AS THE EQUIVALENT OF AN AFFIDAVIT AND, IF
        IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT ME
        TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN."
  4. THE APPLICATION FOR AN ABSENTEE BALLOT WHEN FILED MUST  CONTAIN  IN
EACH INSTANCE THE FOLLOWING INFORMATION:
  (A)  APPLICANT'S  FULL  NAME,  DATE  OF  BIRTH, AND RESIDENCE ADDRESS,
INCLUDING THE STREET AND NUMBER, IF ANY, RURAL DELIVERY ROUTE,  IF  ANY,
MAILING  ADDRESS  IF DIFFERENT FROM THE RESIDENCE ADDRESS AND HIS OR HER
VILLAGE AND AN ADDRESS TO WHICH THE BALLOT SHALL BE MAILED.
  (B) A STATEMENT THAT THE  APPLICANT  IS  A  QUALIFIED  AND  REGISTERED
VOTER.
  (C)  A STATEMENT, AS APPROPRIATE, THAT ON THE DAY OF SUCH ELECTION THE
APPLICANT EXPECTS IN GOOD FAITH TO BE IN ONE OF  THE  FOLLOWING  CATEGO-
RIES:
  (I) ABSENT FROM THE COUNTY OF HIS OR HER RESIDENCE; PROVIDED, HOWEVER,
IF  THE  APPLICANT  EXPECTS TO BE ABSENT FROM SUCH COUNTY FOR A DURATION
COVERING MORE THAN ONE ELECTION AND SEEKS AN ABSENTEE  BALLOT  FOR  EACH
ELECTION,  HE  OR  SHE  SHALL  STATE THE DATES WHEN HE OR SHE EXPECTS TO
BEGIN AND END SUCH ABSENCE; OR
  (II) UNABLE TO APPEAR AT A POLLING PLACE BECAUSE OF ILLNESS  OR  PHYS-
ICAL  DISABILITY  OR  DUTIES  RELATED TO THE PRIMARY CARE OF ONE OR MORE
INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED; OR

A. 4232--C                          3

  (III) AN INMATE OR PATIENT OF A VETERAN'S ADMINISTRATION HOSPITAL; OR
  (IV)  DETAINED  IN  JAIL  AWAITING  ACTION BY A GRAND JURY OR AWAITING
TRIAL OR CONFINED IN JAIL OR PRISON AFTER A CONVICTION  FOR  AN  OFFENSE
OTHER THAN A FELONY AND STATING THE PLACE WHERE HE OR SHE IS SO DETAINED
OR CONFINED.
  (D) SUCH APPLICATION SHALL PERMIT THE APPLICANT TO APPLY FOR AN ABSEN-
TEE  BALLOT FOR EITHER A PRIMARY ELECTION OR THE GENERAL ELECTION IN ANY
YEAR AND FOR THOSE PERSONS WHO WILL BE CONTINUOUSLY  ABSENT  FROM  THEIR
COUNTY  OF RESIDENCE DURING THE PERIOD BETWEEN THE FALL PRIMARY ELECTION
AND THE GENERAL ELECTION IN ANY YEAR TO APPLY FOR BALLOTS FOR BOTH  SUCH
ELECTIONS IN SUCH YEAR. A VOTER WHO APPLIES FOR AN ABSENTEE BALLOT SHALL
BE  SENT  AN  ABSENTEE BALLOT FOR ANY SPECIAL ELECTION OR WINTER PRIMARY
THAT OCCURS DURING THE PERIOD OF ABSENCE SPECIFIED IN THE APPLICATION.
  5. An application must be received by the  village  clerk  no  earlier
than  [four  months]  THE THIRTIETH DAY before the election for which an
absentee ballot is sought. If the application requests that the absentee
ballot be mailed, such application must be received not later than seven
days before the election. If the applicant or his OR HER agent  delivers
the application to the village clerk in person, such application must be
received  not  later than the day before the election. The village clerk
shall examine each application and shall determine from the  information
contained  therein whether the applicant is qualified under this section
to receive an absentee ballot. The clerk in making such  decision  shall
not  determine whether the applicant is a qualified elector, said deter-
mination being reserved to the inspectors of election as is  hereinafter
provided in subdivision [eight] NINE of this section.
  [5] 6.  No later than six days before the election for which an appli-
cation  has been received and for which the village clerk has determined
the applicant to be qualified to vote by  absentee  ballot  the  village
clerk  shall mail, by regular mail, an absentee ballot to each qualified
applicant who has applied before such day and  who  has  requested  that
such absentee ballot be mailed to him OR HER at the address set forth in
his  OR  HER  application. If the applicant or his OR HER agent delivers
the application to the village clerk in person  after  the  seventh  day
before  the  village  election  and  not  later  than the day before the
election, the  village  clerk  shall  forthwith  deliver  such  absentee
ballots  for those applicants whom he OR SHE determines are qualified to
make such applications and to receive such ballots to such applicants or
the agents named in the applications  when  such  applicants  or  agents
appear in the village clerk's office.
  [6] 7.  The absentee ballot shall be caused to be prepared and printed
by  the  village  clerk  as provided by law for paper ballots or machine
ballots, whichever are to be  used  in  said  election  and  appropriate
modifications  for  the  purposes  of this section. He OR SHE shall also
cause to be prepared and printed return envelopes addressed  to  him  OR
HER,  conforming  so far as may be practicable to the provisions of this
chapter stating thereon that in order for the ballot  contained  therein
to  be  counted  it must be received by the village clerk not later than
the close of the polls on election day. On  the  reverse  side  of  each
return  envelope  there  shall  be written instructions for the voter to
insert at designated places his OR HER signature, his OR HER name print-
ed, his OR HER residence address within  the  village  and  his  OR  HER
village  election district if there be more than one district within the
village.
  [7] 8.  The method of marking, preparing and mailing such  ballot  for
voting  shall  conform,  wherever  practicable,  to the methods used for

A. 4232--C                          4

absentee ballots for a general election, except  that  the  envelope  in
which it is contained shall be returned to the village clerk. On the day
of the election, the village clerk shall deliver all such ballots, which
have  been  returned to him OR HER, in the sealed envelopes to the board
of inspectors of election of the proper  election  district.    No  such
ballot  shall be deemed to have been voted unless or until it shall have
been delivered to the board of inspectors of election  of  the  election
district  in which the elector casting the ballot resides and shall have
been deposited by the chairman of such board in  the  box  provided  for
receiving such ballot.
  [8]  9.    When such ballots shall have been delivered to the board of
inspectors of election of the proper election district  and  shall  have
been duly determined by such board to have been lawfully cast by a qual-
ified  elector of such district, the chairman of such board shall, after
the close of the polls, open the envelopes containing such ballots  and,
without  unfolding  such  ballots  or  permitting the face thereof to be
exposed to the view of anyone, shall deposit each such ballot in  a  box
specifically  furnished  for  such  purpose by the village clerk. If the
board of inspectors shall determine that any such ballot has  been  cast
by  an  elector  who would not be qualified under the provisions of this
section, then such ballot shall not be counted.
  [9] 10.  After all the ballots shall  have  been  deposited,  the  box
shall  be  opened and such ballots canvassed in the same manner as other
ballots cast at such election and shall be counted and included  in  the
total of all ballots cast at such election.
  S 2. This act shall take effect immediately.

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Assembly Bill A4232

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Sponsored By

GALEF

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A4232 - Details

2009-A4232 - Summary

2009-A4232 - Bill Text download pdf

2009-A4232A - Details

2009-A4232A - Summary

2009-A4232A - Sponsor Memo

2009-A4232A - Bill Text download pdf

2009-A4232B - Details

2009-A4232B - Summary

2009-A4232B - Bill Text download pdf

2009-A4232C (ACTIVE) - Details

2009-A4232C (ACTIVE) - Summary

2009-A4232C (ACTIVE) - Bill Text download pdf

Comments