NY State Senate Bill 2009-S1425

Senate Bill S1425

2009-2010 Legislative Session

Provides early voting for a candidate in a general election no sooner than twenty days and no later than five days prior to election day at county board of elections

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections 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
Jan 06, 2010	referred to elections
Feb 02, 2009	referred to elections

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2009-S1425 (ACTIVE) - Details

See Assembly Version of this Bill:: A1954
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add Art 8 Title 6 §§8-600 - 8-604, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1333, A4551
2013-2014: S424, A3567
2015-2016: S2307, A3117
2017-2018: S4213, A1786

2009-S1425 (ACTIVE) - Summary

Provides to any person early voting for a candidate for public office in a general election to take place no sooner than twenty days and no later than five days prior to election day, and for a special election to take place no sooner than eight days and no later than two days prior to election day; and such voting shall take place at such person's county board of elections.

2009-S1425 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1425

 TITLE OF BILL :
An act to amend the election law, in relation to providing for early
voting


 PURPOSE :
Establishes a program of early voting prior to a primary, general, or
special election.

 SUMMARY OF PROVISIONS :
Amends the New York State Election Law by adding a new section 8-600
to provide for early voting twenty days prior to a primary or general
election and eight days prior to a special election.

 EXISTING LAW :
Current law provides for voting to occur on the first Tuesday
following the first Monday in the month of November- Additionally, the
State constitution provides for absentee voting prior to election day
in limited circumstances, as provided for by statute.

 JUSTIFICATION :
Early voting is a progressive concept that has been spreading
throughout the country over the last several years in an effort to
increase citizen involvement and turnout in elections. This concept

differs from absentee voting in that voters may visit an election
official's office, or in some states other satellite voting locations
and cast a vote in person without offering an excuse for not being
able to vote on election day.  These locations vary and in some states
include grocery stores, shopping malls, schools, and libraries. Early
voting is generally conducted on the same voting equipment used in the
regular election, as opposed to absentee voting, which is conducted on
mail-in paper ballots.

The time period for early voting also varies by state, but in most
cases is available during a period of 10-14 days before the election
and generally ends the Friday or Saturday immediately preceding the
election.

At this point in time, about half the states, twenty-seven to be
exact, offer some form of "no excuse required" early voting. A
specific breakdown of some of the larger states follows with a short
description of what their statute provides for:

California - Permits no excuse early voting starting 29 days prior to
election See Cal Elect. Code 3018

Florida - Permits no excuse early voting starting 15 days before an
election See Fla Statute Title 9 Ch 101.657

Illinois - Permits no excuse early voting starting 22 days before an
election and ending 5 days before the election. A permanent polling
place for early voting must remain open during the hours of 8:30-4:30
pm. See 10111. Comp Stat. Ann 5/19-1

Louisiana- Permits no excuse early voting starting twelve days from
the election and ending six days prior to. See La Rev. Stat. 18-303(B)
Maine - Permits no excuse required voting. A voter may go in person to
vote at the clerk's office as soon as absentee ballots are available
(typically available 30-45 days prior). See Maine Rev. Stat. Title 21A
9-753(13)8

North Carolina- Referred to as 'one stop voting' with no excuse
required. Begins no earlier than the third Thursday before the
election and continues through the Saturday before election day. Voter
must appear at the county board of elections to exercise this option.
See N C Gen. Stat 163-227.2

Texas - Permits no excuse required starting seventeen days before each
election and ends four days before each election. See Tex. Elec Code
81.001

Vermont - Permits in person early voting with no excuse required.
Voting starts thirty days before the primary or general election. See
Vt..  Stat. 17 KS A. 2531

This bill seeks to introduce early voting to New York by providing a
means in which citizens can vote early at their local board of
elections up to twenty days before the actual election. In order to
exercise this privilege any registered voter can show up at their
local board of elections, fill out a form similar to that used to
request an absentee ballot and proceed to vote on a voting machine
right there at the board.  The bill would also allow alternate
designations to be used as established by the local board should the
popularity for the program in any given county be significant.

 LEGISLATIVE HISTORY :
S.5027 - 2007/08  Referred to Elections

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2009-S1425 (ACTIVE) - Bill Text download pdf

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

                                  1425

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced by Sens. DILAN, HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KLEIN,
  KRUEGER,  MONTGOMERY,  ONORATO,  OPPENHEIMER, PARKER, SAMPSON, SAVINO,
  SERRANO, 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 providing for early
  voting

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

  Section  1.  Article  8 of the election law is amended by adding a new
title 6 to read as follows:
                                TITLE VI
                              EARLY VOTING
SECTION 8-600. EARLY VOTING PROCEDURES.
        8-602. APPLICATION FOR EARLY VOTING.
        8-604. STATE BOARD OF ELECTIONS; POWERS AND DUTIES OF.
  S 8-600. EARLY VOTING PROCEDURES. 1. NO SOONER  THAN  TWENTY  BUSINESS
DAYS  AND  NO  LATER  THAN FIVE BUSINESS DAYS PRIOR TO THE FIRST TUESDAY
FOLLOWING THE FIRST MONDAY IN NOVEMBER OF EACH ELECTION YEAR, AS  DESIG-
NATED  ELECTION  DAY,  A PERSON MAY, UPON COMPLETION OF A FORMAL WRITTEN
APPLICATION, VOTE FOR  A  CANDIDATE  FOR  PUBLIC  OFFICE  IN  A  GENERAL
ELECTION,  AND  SUCH  EARLY  VOTING  PRACTICE  SHALL  TAKE PLACE AT SUCH
PERSON'S COUNTY BOARD OF ELECTIONS, OR AN ALTERNATIVE LOCATION AS OTHER-
WISE DESIGNATED BY THE STATE BOARD OF ELECTIONS, OR AS DESIGNATED BY AND
THROUGH A COUNTY BOARD OF ELECTIONS UNDER THE POWERS GRANTED PURSUANT TO
THIS SECTION ON OR BEFORE  THE  EFFECTIVE  DATE  OF  THIS  SECTION.  FOR
PURPOSES  OF  A  PRIMARY ELECTION, SUCH EARLY VOTING SHALL TAKE PLACE NO
SOONER THAN TWENTY BUSINESS DAYS AND NO LATER THAN  FIVE  BUSINESS  DAYS
PRIOR  TO  SUCH ELECTION DAY.   FOR PURPOSES OF A SPECIAL ELECTION, SUCH
EARLY VOTING SHALL TAKE PLACE NO SOONER THAN EIGHT BUSINESS DAYS AND  NO
LATER THAN TWO BUSINESS DAYS PRIOR TO SUCH ELECTION DAY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02935-01-9

S. 1425                             2

  2.  EACH  COUNTY  BOARD OF ELECTIONS SHALL PUBLISH NOTICE OF THE DATE,
TIME, AND MANNER OF SUCH EARLY VOTING PRACTICE FOR GENERAL, PRIMARY  AND
SPECIAL  ELECTIONS  BY  A  NEWSPAPER  OF GENERAL CIRCULATION THIRTY DAYS
PRIOR TO COMMENCEMENT OF THE FIRST DAY OF SUCH EARLY VOTING FOR  GENERAL
OR SPECIAL ELECTIONS.
  3.  SUCH  VOTING  PROCEDURE SHALL BE MONITORED AND ADMINISTERED BY TWO
DULY DESIGNATED PERSONS, ONE FROM EACH MAJOR POLITICAL PARTY,  AND  SUCH
VOTING  SHALL  FOLLOW  AND CONFORM TO ALL OTHER PROCEDURES, MEASURES AND
REQUIREMENTS OF CASTING A VOTE BY A VOTING MACHINE AS PRESCRIBED  PURSU-
ANT TO THIS CHAPTER. ALL VOTES CAST WITHIN THE EARLY VOTING PERIOD SHALL
BE COUNTED ON ELECTION DAY WITH ALL OTHER VOTES CAST FOR SUCH CANDIDATES
AND IN THE SAME MANNER AS PRESCRIBED IN ARTICLE NINE OF THIS CHAPTER.
  S  8-602.  APPLICATION  FOR  EARLY  VOTING.    1.  THE COUNTY BOARD OF
ELECTIONS SHALL FURNISH ONE APPLICATION FOR EARLY VOTING  TO  ANY  VOTER
WHO   PERSONALLY  APPEARS  AND  WISHES  TO  EXERCISE  THIS  RIGHT.  UPON
COMPLETION OF SUCH APPLICATION, TWO DULY  DESIGNATED  EMPLOYEES  OF  THE
COUNTY  BOARD  OF ELECTIONS, ONE FROM EACH MAJOR POLITICAL PARTY REPRES-
ENTED, SHALL COMPARE THE INFORMATION OF THE VOTER WITH THE SIGNATURE  ON
THE  VOTER'S  PERMANENT  REGISTRATION RECORD, OR OTHER EVIDENCE OF IDEN-
TIFICATION IF COMPUTERIZED DUPLICATE  REGISTRATION RECORDS ARE USED, AND
SHALL ENDORSE ON THE APPLICATION THAT SUCH REVIEW  HAS  BEEN  COMPLETED.
THE  RESULTS  OR  TABULATION OF VOTES CAST DURING AN EARLY VOTING PERIOD
SHALL NOT BE MADE BEFORE THE CLOSE OF ALL POLLING PLACES ON ELECTION DAY
AND RESULTS SHALL BE REPORTED BY PRECINCT.  BALLOTS USED IN EARLY VOTING
SHALL BE, AS NEARLY AS PRACTICABLE, THE  SAME  FORM  AS  THOSE  USED  ON
ELECTION DAY.
  2.  THE  APPLICATION  FOR  EARLY  VOTING SHALL REQUIRE AND INCLUDE THE
FOLLOWING IDENTIFYING INFORMATION:
  (A) THE DATE OF THE ELECTION,
  (B) NAME OF THE COUNTY, OR NAME OF A  CITY  IF  THERE  BE  A  SEPARATE
BALLOT FOR CITY VOTERS,
  (C) THE NAME OF THE VOTER,
  (D) RESIDENCE OF VOTER,
  (E) NUMBER OF THE ASSEMBLY DISTRICT, IF ANY,
  (F) NAME OF TOWN, NUMBER OF WARD, IF ANY, AND
  (G) ELECTION DISTRICT AND PARTY ENROLLMENT. THERE SHALL BE A PLACE FOR
TWO  SIGNATURES  OF  PERSONS  DESIGNATED TO INSPECT, ONE FROM EACH MAJOR
POLITICAL PARTY, THAT SUCH PERSONS HAVE CHECKED AND MARKED  THE  VOTER'S
REGISTRATION  AND  POLL  RECORD. ON THE REVERSE SIDE OF SUCH APPLICATION
SHALL BE PRINTED THE FOLLOWING STATEMENT:
  I DO DECLARE THAT I AM A CITIZEN OF THE UNITED STATES, THAT I AM  DULY
REGISTERED  IN  THE  ELECTION DISTRICT SHOWN ON THE REVERSE SIDE OF THIS
APPLICATION AND I AM QUALIFIED TO VOTE IN SUCH DISTRICT; THAT I  DO  NOT
INTEND  TO  VOTE  ELSEWHERE,  THAT I HAVE NOT COMMITTED ANY ACT NOR AM I
UNDER ANY IMPEDIMENT WHICH DENIES ME THE RIGHT TO VOTE. 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, I SHALL BE GUILTY OF A MISDEMEANOR.
  (DATE)_________________
  _______________________
  (SIGNATURE AND ADDRESS OF VOTER)_______________________
  _______________________________________________________
  (WITNESS)______________________
  _______________________________
  S 8-604. STATE BOARD OF ELECTIONS; POWERS AND DUTIES OF. ANY  RULE  OR
REGULATION  NECESSARY  FOR  THE IMPLEMENTATION OF THE PROVISIONS OF THIS

S. 1425                             3

TITLE SHALL  BE  PROMULGATED  BY  THE  STATE  BOARD  OF  ELECTIONS.  ALL
COMPLETED  APPLICATIONS FOR EARLY VOTING SHALL BE KEPT AND MAINTAINED BY
THE STATE BOARD OF ELECTIONS.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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