S T A T E O F N E W Y O R K
________________________________________________________________________
3251
2009-2010 Regular Sessions
I N S E N A T E
March 13, 2009
___________
Introduced by Sens. ADDABBO, DIAZ, DILAN, ESPADA, HASSELL-THOMPSON,
C. JOHNSON, ONORATO, OPPENHEIMER, PERKINS, STAVISKY -- 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 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
S. 3251 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,
S. 3251 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
S. 3251 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.
