S T A T E O F N E W Y O R K
________________________________________________________________________
4911
2011-2012 Regular Sessions
I N S E N A T E
April 29, 2011
___________
Introduced by Sens. KLEIN, CARLUCCI, SAVINO -- 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 eliminating the refer-
ence to "inmate" when referring to residents of veteran's adminis-
tration hospitals for purposes of absentee voting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 5 and 8 of section 5-215 of the election
law, subdivision 1 as amended by chapter 90 of the laws of 1991, subdi-
vision 8 as added by chapter 347 of the laws of 1982, and such section
as renumbered by chapter 659 of the laws of 1994, are amended to read as
follows:
1. The board of elections in the county in which a veterans' hospital
is located shall appoint a board of registration which shall attend each
veterans' hospital between the hours of nine o'clock in the morning and
five o'clock in the evening on the seventh Thursday before each general
election and, in the event that it be necessary for the completion of
its duties, on the seventh Friday before such election except that if
any of the religious holidays of Yom Kippur, Rosh Hashanah, Simchas
Torah, Shmini Atzereth or Succoth shall fall on such days, such regis-
tration shall be held on the next regular business day which does not
fall on any of such religious holidays, and shall receive from [inmates]
RESIDENTS or patients therein, or their spouses, parents and children,
the applications of such of them as desire and are qualified to be
registered by absentee registration.
5. If a Veterans' Administration Hospital in which any veteran enti-
tled to vote in this state is [an inmate] A RESIDENT or patient, is
located outside the State of New York, an application for an absentee
ballot signed by such veteran or his OR HER spouse, parent or child
accompanying or being with him OR HER, if a qualified voter and a resi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11060-02-1
S. 4911 2
dent of the same election district, shall constitute permanent personal
registration.
8. The board of elections shall not be required to send a board of
central registration to each veterans' hospital in such county, pursuant
to the provisions of this section, if, in lieu thereof, it shall provide
such hospital with mail registration application forms in sufficient
quantity so that each [inmate] RESIDENT or patient of such hospital who
wishes to register will be able to do so. A complete application
received from [an inmate] A RESIDENT or patient whose residence is in a
county other than the county in which the hospital is located shall be
immediately transmitted to the appropriate board of elections.
S 2. Paragraph (c) of subdivision 1 of section 8-400 of the election
law, as amended by chapter 63 of the laws of 2010, is amended to read as
follows:
(c) [an inmate] A RESIDENT or patient of a veteran's administration
hospital; or
S 3. Subparagraph (iii) of paragraph (c) of subdivision 3 of section
8-400 of the election law, as amended by chapter 63 of the laws of 2010,
is amended to read as follows:
(iii) [an inmate] A RESIDENT or patient of a veteran's administration
hospital; or
S 4. Subdivision 1 of section 8-404 of the election law, the opening
paragraph as amended by chapter 359 of the laws of 1989, paragraph (b)
as amended by chapter 373 of the laws of 1978, is amended to read as
follows:
1. After entering upon the registration records, the application for
registration of [an inmate] A RESIDENT or patient of a veterans' admin-
istration hospital as to whom the medical superintendent or medical head
of such hospital has attested that he OR SHE expects that he OR SHE will
not be discharged prior to the day following the next general or special
village, primary, special, general or New York city community school
board district or city of Buffalo school district election, and the
application for registration by the spouse, parent or child of such
[inmate] RESIDENT or patient, accompanying or being with him or her, if
a qualified voter and a resident of the same election district, the
board of elections, without further investigation and without further
application by the applicant, shall send to him OR HER at such hospital
an absentee ballot and shall record in the signature column on the back
of his OR HER permanent personal registration poll record that such
ballot has been sent.
(a) Any voter who is duly registered and whose registration records
are marked "Hospitalized Veteran" or "Hospitalized Veteran's Relative"
need not thereafter make application for an absentee ballot. Sixty days
before each election, the board of elections shall compile and send a
list to each veterans' administration hospital of all [inmates] RESI-
DENTS and patients of veterans' administration hospitals who appear by
the records of such board to be "hospitalized veterans" entitled to
receive absentee ballots at each such hospital pursuant to the
provisions of this section. Each veterans' administration hospital shall
no later than fifteen days following the receipt of such list, return it
with notations made thereon showing whether the [inmate] RESIDENT or
patient continues to be confined therein or has been discharged there-
from. Upon the receipt of such returned list from each veterans' admin-
istration hospital with the proper notations showing that a "hospital-
ized veteran" continues to be confined in such hospital, the board of
elections, by mail addressed to such "hospitalized veteran" at his OR
S. 4911 3
HER last known hospital address and by mail addressed to such "hospital-
ized veteran's relative" at his OR HER last known address shall send an
absentee ballot for the ensuing election to such "hospitalized veteran"
and such "hospitalized veteran's relative" an absentee ballot in the
same manner as provided [herein] IN THIS SECTION for a qualified voter
entitled to an absentee ballot because of permanent disability. The
board shall record on the back of his OR HER registration poll record in
the space reserved for his OR HER signature at such election, the fact
that such ballot has been sent.
(b) If the returned list from a veterans' administration hospital
contains a notation showing that a "hospitalized veteran" is no longer
[an inmate] A RESIDENT or patient at the veterans' administration hospi-
tal where he OR SHE is recorded as staying, or if such letter containing
an absentee voter's ballot for a "hospitalized veteran" or a "hospital-
ized veterans' relative" is returned by the post office as undelivera-
ble, the board of elections shall ascertain whether the "hospitalized
veteran" or "hospitalized veteran's relative" is residing at the address
given on his OR HER registration records as his OR HER permanent
address. If he OR SHE is residing there, the board shall not send him OR
HER any further absentee ballots unless he OR SHE applies therefor in
the regular way. If he OR SHE is not residing at the place of residence
given on his OR HER registration records but the board ascertains that
he OR SHE has been transferred to another veterans' administration
hospital, the board shall cause a central board of registration to make
the necessary changes of temporary address on his OR HER registration
records and shall continue sending him OR HER absentee ballots at the
veterans' administration hospital where he OR SHE is staying. If he OR
SHE is not residing at the place of residence given on his OR HER regis-
tration records and the board cannot ascertain that he OR SHE has been
transferred to another veterans' administration hospital, the board
shall cancel his OR HER registration. Whenever a registration is
cancelled pursuant [hereto] TO THIS PARAGRAPH notice shall be mailed to
the veteran or his OR HER relative at his OR HER permanent residence
address and last temporary address.
S 5. This act shall take effect immediately.