NY State Senate Bill 2015-S4329

Senate Bill S4329

Signed By Governor

2015-2016 Legislative Session

Eliminates the reference to "inmate" when referring to residents of veterans administration hospitals for purposes of absentee voting

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Archive: Last Bill Status Via A3601 - Signed by Governor

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
Oct 26, 2015	signed chap.375
Oct 14, 2015	delivered to governor
Jun 15, 2015	returned to assembly passed senate substituted for s4329
Jun 15, 2015	substituted by a3601
Apr 29, 2015	advanced to third reading
Apr 28, 2015	2nd report cal.
Apr 27, 2015	1st report cal.437
Mar 16, 2015	referred to elections

Votes

- Jun 15, 2015 - Floor Vote
  A3601
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Libous
  Apr 27, 2015 - Elections Committee Vote
  S4329
  
  8
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Apr 27, 2015
      
      aye (8)
      
      Avella
      
      Comrie
      
      Dilan
      
      Funke
      
      Gallivan
      
      Krueger
      
      Marchione
      
      Nozzolio
      
      excused (1)
      
      Amedore

co-Sponsors

2015-S4329 (ACTIVE) - Details

See Assembly Version of this Bill:: A3601
Law Section:: Election Law
Laws Affected:: Amd §§5-215, 8-400 & 8-404, El L

2015-S4329 (ACTIVE) - Summary

Eliminates the reference to "inmate" when referring to residents of veteran's administration hospitals for purposes of absentee voting.

2015-S4329 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4329

TITLE OF BILL:  An act to amend the election law, in relation to
eliminating the reference to "inmate" when referring to residents of
veterans health administration hospitals for purposes of absentee
voting

PURPOSE:

Modifies the Election law to correct the designation of veterans in
absentee voting procedures to read as a "resident or patient of a
veteran's health administration hospital", which more aptly describes
the situation of these individuals upon requesting and submitting an
absentee ballot.

SUMMARY OF PROVISIONS:

Sections 5-215, section 8-400, and section 8-404 of The Election law
are amended in order to eliminate all references to a resident of
veteran's health administration hospitals as an "inmate" for the
purposes of absentee voting to appropriately categorize veterans as
either a resident or a patient of a veteran's administration hospital.

JUSTIFICATION:

At present, pursuant to New York State Election Law, voters who in

good faith expect to be absent on Election Day must request an
application to qualify for an absentee ballot. Of the varying reasons
permitted, a veteran who is an "inmate or patient of a veteran's
health administration hospital" or VA hospital may receive a ballot.
At issue here is not the execution of this process, rather the
improper and erroneous implication associated with this distinction in
the law. Men and women who have fulfilled the strenuous duty of
defending this great nation that now take residence in New York's
veteran's administration hospitals are by no means inmates. Although
"inmate" was originally intended for its institutional usage, updating
the language to "resident" will be better suited to current standards
of voter registration. Basing the absentee process on residence in
this manner certifies that a veteran's vote is respectfully counted
without any unwanted connotation. We must protect the dignity of those
who have served honorably by ensuring that our most precious
democratic institution of voting to choose who governs does not mar
the service of our heroes.

LEGISLATIVE HISTORY:

2011-12 - A.7769 - Passed Assembly/S.4911- Advanced to Third Reading
Cal.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4329 (ACTIVE) - Bill Text download pdf

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

                                  4329

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 16, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- 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 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

S. 4329                             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

S. 4329                             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.

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Senate Bill S4329

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Sponsored By

Rich Funke