BILL NUMBER: S2349

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to the providing that a
voter may register to vote at any residence to which the voter maintains
a continuous connection with an intent to return

 
PURPOSE:

This bill provides that a voter may register to vote at any residence to
which the voter maintains a continuous connection with an intent to
return.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 5-104 of the election law by adding a new
subdivision 3 which allows a voter to vote from any residence to which
the voter maintains a continuous connection with an intent to return,
including a second or vacation home.

              

Section 2 amends the opening paragraph of subdivision 1 of section 8-400
of the election law by amending chapter 139 of the laws of 2020 which
allows a voter to use an absentee ballot from any residence at which the
voter is registered to vote, including any residence to which the voter
maintains a continuous connection with an intent to return such as a
second or vacation home.

Section 3 amends the opening paragraph of subdivision 1 od section 8-400
of the election law as amended by chapter 63 of the laws of 2010 which
allows a qualified voter to vote as an absentee from any residence the
voter is registered to vote, including any residence to which the voter
maintains a continuous connection with an intent to return such as a
second or vacation home.

Section 4 provides the effective date.

 
JUSTIFICATION:

Despite many court rulings against such practices, legal challenges are
repeatedly brought against second homeowners' or part time residents'
absentee ballots although such voters are legitimately registered to
vote in the county from those residences. These legal challenges to
ballots often include an invasion of the voters privacy and are a form
of voter suppression. Even when the ballots are ultimately counted; the
process can have a chilling effect on voters' willingness to cast an
absentee ballot in the future. The process also constitutes a waste of
judicial resources and the resources of the local board of elections.

This legislation would make clear that a voter may register to vote from
any residence to which he or she maintains a continuous connection with
intent to return, such as a second or vacation home, in order to elimi-
nate frivolous efforts to disenfranchise such voters.

 
LEGISLATIVE HISTORY:

S6214 of 2021-22: Passed Senate.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided that the amendments to
the opening paragraph of subdivision 1 of section 8-400 of the Election
Law made by section two of this act shall be subject to the expiration
and reversion of such subdivision when upon such date the provisions of
section three of this act shall take effect.