S T A T E O F N E W Y O R K
________________________________________________________________________
3601
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to eliminating the refer-
ence to "inmate" when referring to residents of veterans health admin-
istration 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] VETERANS HEALTH ADMINIS-
TRATION HOSPITAL in which any veteran entitled 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07796-01-5
A. 3601 2
HER, if a qualified voter and a resident 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] VETERANS HEALTH
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] VETERANS
HEALTH 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']
VETERANS HEALTH administration hospital as to whom the medical super-
intendent 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 signa-
ture 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'] VETERANS HEALTH administration hospital of all
[inmates] RESIDENTS and patients of [veterans'] VETERANS HEALTH adminis-
tration hospitals who appear by the records of such board to be "hospi-
talized veterans" entitled to receive absentee ballots at each such
hospital pursuant to the provisions of this section. Each [veterans']
VETERANS HEALTH administration hospital shall no later than fifteen days
following the receipt of such list, return it with notations made there-
on showing whether the [inmate] RESIDENT or patient continues to be
confined therein or has been discharged therefrom. Upon the receipt of
such returned list from each [veterans'] VETERANS HEALTH administration
hospital with the proper notations showing that a "hospitalized veteran"
continues to be confined in such hospital, the board of elections, by
A. 3601 3
mail addressed to such "hospitalized veteran" at his OR HER last known
hospital address and by mail addressed to such "hospitalized 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 "hospi-
talized 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'] VETERANS HEALTH
administration hospital where he OR SHE is recorded as staying, or if
such letter containing an absentee voter's ballot for a "hospitalized
veteran" or a "hospitalized [veterans'] VETERAN'S relative" is returned
by the post office as undeliverable, the board of elections shall ascer-
tain whether the "hospitalized veteran" or "hospitalized veteran's rela-
tive" 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'] VETERANS HEALTH administration hospital, the board
shall cause a central board of registration to make the necessary chang-
es of temporary address on his OR HER registration records and shall
continue sending him OR HER absentee ballots at the [veterans'] VETERANS
HEALTH 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 registra-
tion records and the board cannot ascertain that he OR SHE has been
transferred to another [veterans'] VETERANS HEALTH administration hospi-
tal, the board shall cancel his OR HER registration. Whenever a regis-
tration 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.