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

                                  1916

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced by Sens. MORAHAN, DIAZ -- 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 ballots

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

  Section 1. Subdivisions 1, 3 and 4 of section 8-400  of  the  election
law, the opening paragraph of subdivision 1 as amended by chapter 359 of
the  laws of 1989, subparagraph (i) of paragraph (c) of subdivision 3 as
amended by chapter 234 of the laws of 1976, paragraph (d) of subdivision
3 as added by chapter 373 of the laws of 1986, subdivision 4 as  amended
by chapter 163 of the laws of 1985, are amended to read as follows:
  1.  A qualified voter may vote as an absentee voter under this chapter
if, on the occurrence of any village election conducted by the board  of
elections,  primary  election, special election, general election or New
York city community school board district  or  city  of  Buffalo  school
district election, he [will] OR SHE EXPECTS TO be:
  (a)  [unavoidably] absent from the county of his OR HER 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 OR SHE 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 DUTIES RELATED TO THE CARE  OF  ONE
OR MORE INDIVIDUALS WHO ARE ILL OR PHYSICALLY DISABLED; or
  [(d)  he  is  a  person entitled to a ballot because he is a qualified
voter registered as] (C) an inmate or patient of  a  veteran's  adminis-
tration hospital; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01665-01-9

              

S. 1916                             2

  [(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)]  (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.
  3.  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 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[, and that he does not know of any reason  why  he  is  no  longer
qualified 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 OR HER 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 such day, 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]; 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) [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]  UNABLE TO APPEAR AT THE POLLING
PLACE BECAUSE OF ILLNESS OR PHYSICAL DISABILITY OR DUTIES RELATED TO THE
CARE OF ONE OR MORE INDIVIDUALS WHO  ARE  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 hospi-
tal;] or
  [(iv)  entitled to a ballot because he is a qualified voter registered
as] (III) an inmate or patient of a veteran's  administration  hospital;
or
  [(v)]  (IV) detained in jail awaiting action by a grand jury or await-
ing 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[; 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-

S. 1916                             3

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.    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 APPLI-
CATION.
  4.  A  voter  who  claims permanent illness or physical disability may
make application for an absentee ballot and  the  right  to  receive  an
absentee  ballot for each election thereafter as provided herein without
further application, by filing with the board of elections  an  applica-
tion  which shall contain a statement to be executed by the voter [show-
ing the particulars of his illness or disability]. Upon filing  of  such
application  the  board of elections shall [investigate the facts stated
therein and if satisfied as to  the  truth  thereof,  shall]  cause  the
registration  records  of  the voter to be marked "Permanently Disabled"
and thereafter shall send an absentee ballot for each succeeding  prima-
ry,  special  or general election to such voter at his OR HER last known
address by first class mail with a request to the postal authorities not
to forward such ballot but to return it in five days in the  event  that
it  cannot be delivered to the addressee. The mailing of such ballot for
each  election  shall  continue  until  such  voter's  registration   is
cancelled.
  S 2. This act shall take effect immediately.