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

                                 3253--A

                       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
  Education -- recommitted to the Committee on Education  in  accordance
  with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the education  law,  in  relation  to  applications  for
  absentee ballots for school district elections

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

  Section 1. Paragraphs b, c, d, e, f and g of subdivision 2 of  section
2018-a  of  the  education law, paragraph b as amended by chapter 136 of
the laws of 1991, paragraph c as amended by chapter 26 of  the  laws  of
1994,  paragraph  d  as amended by chapter 72 of the laws of 1988, para-
graphs e and f as added by chapter 219 of the laws of 1978 and paragraph
g as amended by chapter 825 of the laws of 1984, are amended to read  as
follows:
  b.  [(1)  Where  such  duties, occupation, business, or studies are of
such a nature as ordinarily to require such absence, a brief description
of such duties, occupation, business, or studies shall be set  forth  in
such  application.  (2)  Where  such  duties,  occupation,  business, or
studies are not of such a nature as ordinarily to require such  absence,
such  application shall contain a statement of the special circumstances
on account of which such absence is required.
  c. Where the applicant expects in good faith to be absent on  the  day
of  the  election  because he will be on vacation elsewhere on such day,
such application shall also contain the dates upon which he  expects  to
begin  and end such vacation, the place or places where he expects to be
on such vacation, the name and address of his employer, if any,  and  if
self-employed or retired, a statement to that effect.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03300-03-0

              

S. 3253--A                          2

  d.]  Where the absence is because [of detention or confinement to] THE
VOTER IS DETAINED OR CONFINED IN jail[,  such  application  shall  state
whether  the  voter is detained] awaiting action of the grand jury or is
confined IN JAIL OR PRISON after conviction for an offense other than  a
felony.
  [e.    Where  a  person  is or would be, if he were a qualified voter,
entitled to apply for the right to vote by  absentee  ballot  under  the
provisions  of this section, his spouse, parent or child, if a qualified
voter and a resident of the same school district, shall be  entitled  to
vote as an absentee voter upon personally making and signing an applica-
tion in accordance with the preceding provisions of this subdivision and
showing that he expects to be absent from the school district on the day
of  the school district election by reason of accompanying or being with
the spouse, child or parent who is or would be, if he were  a  qualified
voter,  so  entitled  to apply for the right to vote by absentee ballot,
and, in the event no application  is  made  by  such  spouse,  child  or
parent,  such  further  information  as  the board of registration shall
require.
  f] C.  Such application shall include the following  statement  to  be
signed by the voter.
  I hereby declare that the foregoing is a true statement to the best of
my  knowledge  and  belief, and I understand that if I make any material
false statement in the foregoing statement of application  for  absentee
ballots, I shall be guilty of a misdemeanor.

  Date.....................Signature of Voter ..........................

  [g] D.  An applicant whose ability to appear personally at the polling
place  of the school district of which he OR SHE is a qualified voter is
substantially impaired by reason of permanent illness or physical  disa-
bility  and whose registration record has been marked "permanently disa-
bled" by the board of  elections  pursuant  to  the  provisions  of  the
election law shall be entitled to receive an absentee ballot pursuant to
the  provisions  of this section without making separate application for
such absentee ballot, and the board of registration upon  being  advised
by  the board of elections on or with the list of registered voters that
the registration record of a  voter  is  marked  "permanently  disabled"
shall  send  an  absentee ballot to such voter at his last known address
with a request to the postal authorities not  to  forward  same  but  to
return same in five days in the event that it cannot be delivered to the
addressee.  The  board  of education shall determine whether such ballot
shall be sent by first class or by  certified  mail.  All  such  ballots
shall  be mailed in the same manner as determined by the board of educa-
tion. The board of registration shall make an appropriate entry  on  the
registration  indicating  the fact that an absentee ballot has been sent
and the date of mailing.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.