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A01340 Summary:

BILL NOA01340
 
SAME ASSAME AS S03047
 
SPONSORAubry
 
COSPNSRJacobson, Cruz, Epstein, Gibbs, Weprin, Meeks, Carroll, Hevesi, Benedetto, O'Donnell, Levenberg, Reyes, Hyndman, Bichotte Hermelyn, Bronson, Glick, Walker, Burgos, Davila, Taylor, Zaccaro
 
MLTSPNSR
 
Amd §§2018-a & 2018-b, Ed L; amd §§84-a, 175-b & 213-b, Town L
 
Clarifies that individuals have the ability to vote by absentee ballot in certain elections where their maximum sentence of imprisonment has expired.
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A01340 Actions:

BILL NOA01340
 
01/17/2023referred to election law
01/03/2024referred to election law
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A01340 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1340
 
SPONSOR: Aubry
  TITLE OF BILL: An act to amend the education law and the town law, in relation to clar- ifying that individuals have the ability to vote by absentee ballot where their maximum sentence of imprisonment has expired   PURPOSE: The purpose of this legislation is to ensure that the "statement of the absentee voter" printed on an absentee ballot envelope is consistent with the existing election law provision regarding the ability of a person to vote once they have completed their maximum sentence of impri- sonment or have been discharged from parole.   SUMMARY OF PROVISIONS: Section 1: Amends paragraph b of subdivision 5 of section 2018-a of the education law, as amended by section 8 of part LL of chapter 56 of the laws of 2010. Section 2: Amends paragraph b of subdivision 6 of section 2018-b of the education law, as amended by section 9 of part LL of chapter 56 of the laws of 2010. Section 3: Amends paragraph b of subdivision 5 of section 84-a of the town law, as amended by section 10 of part LL of chapter 56 of the laws of 2010. Section 4: Amends paragraph b of subdivision 5 of section 175-b of the town law, as amended by section 11 of part LL of chapter 56 of the laws of 2010. Section 5: Amends paragraph b of subdivision 5 of section 213-b of the town law, as amended by section 12 of part LL of chapter 56 of the laws of 2010. Section 6: Sets forth the effective date.   JUSTIFICATION: Election law § 5-106(2) provides that a person convicted of a felony and incarcerated is not eligible to vote. However, such person's right to vote is automatically restored once they have completed their maximum sentence of imprisonment, However, the "statement of absentee voter" printed on the envelope of the absentee ballot pursuant to the education law and town law is confusing because it is not consistent with § 5-106 of the election law. Therefore, this bill amends the education law and town law by adding the language from § 5-105 of the election law to clarify that a person can vote once their maximum sentence of imprison- ment has expired or have been discharged from parole.   LEGISLATIVE HISTORY: 2021-2022: Referred to Election Law in 2021 and Referred to Election Law in 2022. 2019-2020: Referred to Rules in 2019 and Referred to Election Law in 2020. 2017-2018: Referred to Election Law in 2017 and Passed the Assembly in 2018. 2015-2016: Referred to Election Law in 2015 and Passed the Assembly in 2016.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A01340 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1340
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by M. of A. AUBRY, JACOBSON -- read once and referred to the
          Committee on Election Law
 
        AN ACT to amend the education law and the town law, in relation to clar-
          ifying that individuals have the ability to vote  by  absentee  ballot
          where their maximum sentence of imprisonment has expired

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph b of subdivision  5  of  section  2018-a  of  the
     2  education  law,  as amended by section 8 of part LL of chapter 56 of the
     3  laws of 2010, is amended to read as follows:
     4    b. On the reverse side of such envelope shall be printed the following
     5  statement:
 
     6                         STATEMENT OF ABSENTEE VOTER
 
     7    I do declare that I am a citizen of the United States, and will be  at
     8  least  eighteen  years  of  age,  on  the  date  of  the school district
     9  election; that I will have been a resident of  this  state  and  of  the
    10  school  district  and  school  election  district,  if any, shown on the
    11  reverse side of this envelope for thirty days next  preceding  the  said
    12  election  and duly registered in the school district and school election
    13  district, if any, shown on the reverse side of this envelope and that  I
    14  am  or  on such date will be, a qualified voter of said school district;
    15  that I will be unable to appear personally on the  day  of  said  school
    16  district  election  at the polling place of the said district in which I
    17  am or will be a qualified voter because  of  the  reason  stated  on  my
    18  application  heretofore  submitted;  that  I have not qualified, or do I
    19  intend to vote, elsewhere than as set forth on the reverse side of  this
    20  envelope; that I have not received or offered, do not expect to receive,
    21  have not paid, offered or promised to pay, contributed, offered or prom-
    22  ised  to  contribute  to  another to be paid or used, any money or other
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00804-01-3

        A. 1340                             2
 
     1  valuable thing, as a compensation or reward for the giving or  withhold-
     2  ing  of  a  vote at this school district election, and have not made any
     3  promise to influence the giving or withholding of any such votes; that I
     4  have  not made or become directly or indirectly interested in any bet or
     5  wager depending upon the result of this school  district  election;  and
     6  that  I have not been convicted of bribery or any infamous crime, or, if
     7  so convicted, that I have been pardoned or restored to all the rights of
     8  a citizen, without restriction as to the right of suffrage, or  received
     9  a  certificate  of  relief  from  disabilities  or a certificate of good
    10  conduct pursuant to article twenty-three of the correction law  removing
    11  my  disability  to register and vote or my maximum sentence of imprison-
    12  ment has expired or I have been discharged from parole.
    13    I hereby declare that the foregoing is a true statement to the best of
    14  my knowledge and belief, and I understand that if I  make  any  material
    15  false statement in the foregoing statement of absentee voter, I shall be
    16  guilty of a misdemeanor.
 
    17    Date.....................Signature of Voter ..........................
 
    18    §  2.  Paragraph b of subdivision 6 of section 2018-b of the education
    19  law, as amended by section 9 of part LL of chapter 56  of  the  laws  of
    20  2010, is amended to read as follows:
    21    b. On the reverse side of such envelope shall be printed the following
    22  statement:
 
    23                         STATEMENT OF ABSENTEE VOTER

    24    I  do declare that I am a citizen of the United States, and will be at
    25  least eighteen years of age on the date of the school district election;
    26  that I will have been a  resident  of  this  state  and  of  the  school
    27  district and school election district, if any, shown on the reverse side
    28  of  this  envelope  for thirty days next preceding the said election and
    29  that I am or on such date will be, a  qualified  voter  of  said  school
    30  district;  that I will be unable to appear personally on the day of said
    31  school district election at the polling place of the  said  district  in
    32  which  I am or will be a qualified voter because of the reason stated on
    33  my application heretofore submitted; that I have not qualified, or do  I
    34  intend  to vote, elsewhere than as set forth on the reverse side of this
    35  envelope; that I have not received or offered, do not expect to receive,
    36  have not paid, offered or promised to pay, contributed, offered or prom-
    37  ised to contribute to another to be paid or used,  any  money  or  other
    38  valuable  thing, as a compensation or reward for the giving or withhold-
    39  ing of a vote at this school district election, and have  not  made  any
    40  promise to influence the giving or withholding of any such votes; that I
    41  have  not made or become directly or indirectly interested in any bet or
    42  wager depending upon the result of this school  district  election;  and
    43  that  I have not been convicted of bribery or any infamous crime, or, if
    44  so convicted, that I have been pardoned or restored to all the rights of
    45  a citizen, without restriction as to the  right  of  suffrage,  or  have
    46  received  a  certificate of relief from disabilities or a certificate of
    47  good conduct pursuant to article  twenty-three  of  the  correction  law
    48  removing  my  disability  to vote or my maximum sentence of imprisonment
    49  has expired or I have been discharged from parole.
 
    50    I hereby declare that the foregoing is a true statement to the best of
    51  my knowledge and belief, and I understand that if I  make  any  material

        A. 1340                             3
 
     1  false statement in the foregoing statement of absentee voter, I shall be
     2  guilty of a misdemeanor.
 
     3    Date....................Signature of Voter ...........................
 
     4    §  3. Paragraph b of subdivision 5 of section 84-a of the town law, as
     5  amended by section 10 of part LL of chapter 56 of the laws of  2010,  is
     6  amended to read as follows:
     7    b. On the reverse side of such envelope shall be printed the following
     8  statement:
     9                          STATEMENT OF ABSENTEE VOTER
    10    I  do declare that I will have been a citizen of the United States for
    11  thirty days, and will be at least eighteen years of age, on the date  of
    12  the  special  town  election;  that  I will have been a resident of this
    13  state and of the town shown on the reverse side  of  this  envelope  for
    14  thirty  days next preceding the said election; that I am or on such date
    15  will be, a registered voter of said town;  that  I  will  be  unable  to
    16  appear  personally on the day of said special town election at the poll-
    17  ing place of the election district in which I am or will be a  qualified
    18  voter  because of the reason stated on my application heretofore submit-
    19  ted; that I have not qualified, or do I intend to vote,  elsewhere  than
    20  as  set  forth  on  the  reverse  side of this envelope; that I have not
    21  received or offered, do not expect to receive, have not paid, offered or
    22  promised to pay, contributed,  offered  or  promised  to  contribute  to
    23  another  to  be  paid  or  used, any money or other valuable thing, as a
    24  compensation or reward for the giving or withholding of a vote  at  this
    25  special  town  election,  and have not made any promise to influence the
    26  giving or withholding of any such votes; that I have not made or  become
    27  directly or indirectly interested in any bet or wager depending upon the
    28  result of this special town election; and that I have not been convicted
    29  of  bribery or any infamous crime, or, if so convicted, that I have been
    30  pardoned or restored to all the rights of a citizen, without restriction
    31  as to the right of suffrage, or received a certificate  of  relief  from
    32  disabilities  or a certificate of good conduct pursuant to article twen-
    33  ty-three of the correction law removing my disability  to  register  and
    34  vote  or  my maximum sentence of imprisonment has expired or I have been
    35  discharged from parole.
    36    I hereby declare that the foregoing is a true statement to the best of
    37  my knowledge and belief, and I understand that if I  make  any  material
    38  false statement in the foregoing statement of absentee voter, I shall be
    39  guilty of a misdemeanor.
    40      Date.............. Signature of Voter..................
    41    § 4. Paragraph b of subdivision 5 of section 175-b of the town law, as
    42  amended  by  section 11 of part LL of chapter 56 of the laws of 2010, is
    43  amended to read as follows:
    44    b.  On the reverse side of such envelope shall be printed the  follow-
    45  ing statement:
    46                         STATEMENT OF ABSENTEE VOTER
    47    I  do declare that I will have been a citizen of the United States for
    48  thirty days, and will be at least eighteen years of age, on the date  of
    49  the  district  election;  that I will have been a resident of this state
    50  and of the district if any, shown on the reverse side of  this  envelope
    51  for  thirty  days  next  preceding the said election and that I am or on
    52  such date will be, a registered voter of said district; that I  will  be
    53  unable  to appear personally on the day of said district election at the
    54  polling place of the said district in which I am or will be a  qualified

        A. 1340                             4
 
     1  voter  because of the reason stated on my application heretofore submit-
     2  ted; that I have not qualified, or do I intend to vote,  elsewhere  than
     3  as  set  forth  on  the  reverse  side of this envelope; that I have not
     4  received or offered, do not expect to receive, have not paid, offered or
     5  promised  to  pay,  contributed,  offered  or  promised to contribute to
     6  another to be paid or used, any money or  other  valuable  thing,  as  a
     7  compensation  or  reward for the giving or withholding of a vote at this
     8  district election, and have not made any promise to influence the giving
     9  or withholding of any such votes; that I have not made or become direct-
    10  ly or indirectly interested in any  bet  or  wager  depending  upon  the
    11  result  of this district election; and that I have not been convicted of
    12  bribery or any infamous crime, or, if so convicted,  that  I  have  been
    13  pardoned or restored to all the rights of a citizen, without restriction
    14  as  to  the  right of suffrage, or received a certificate of relief from
    15  disabilities or a certificate of good conduct pursuant to article  twen-
    16  ty-three  of  the  correction law removing my disability to register and
    17  vote or my maximum sentence of imprisonment has expired or I  have  been
    18  discharged from parole.
    19    I hereby declare that the foregoing is a true statement to the best of
    20  my  knowledge  and  belief, and I understand that if I make any material
    21  false statement in the foregoing statement of absentee voter, I shall be
    22  guilty of a misdemeanor.
    23    Date..............Signature of Voter..................
    24    § 5. Paragraph b of subdivision 5 of section 213-b of the town law, as
    25  amended by section 12 of part LL of chapter 56 of the laws of  2010,  is
    26  amended to read as follows:
    27    b.   On the reverse side of such envelope shall be printed the follow-
    28  ing statement:
    29                          STATEMENT OF ABSENTEE VOTER
 
    30    I do declare that I will have been a citizen of the United States  for
    31  thirty  days, and will be at least eighteen years of age, on the date of
    32  the district election; that I will have been a resident  of  this  state
    33  and  of  the district if any, shown on the reverse side of this envelope
    34  for thirty days next preceding the said election and that  I  am  or  on
    35  such  date  will be, a registered voter of said district; that I will be
    36  unable to appear personally on the day of said district election at  the
    37  polling  place of the said district in which I am or will be a qualified
    38  voter because of the reason stated on my application heretofore  submit-
    39  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
    40  as set forth on the reverse side of  this  envelope;  that  I  have  not
    41  received or offered, do not expect to receive, have not paid, offered or
    42  promised  to  pay,  contributed,  offered  or  promised to contribute to
    43  another to be paid or used, any money or  other  valuable  thing,  as  a
    44  compensation  or  reward for the giving or withholding of a vote at this
    45  district election, and have not made any promise to influence the giving
    46  or withholding of any such votes; that I have not made or become direct-
    47  ly or indirectly interested in any  bet  or  wager  depending  upon  the
    48  result  of this district election; and that I have not been convicted of
    49  bribery or any infamous crime, or, if so convicted,  that  I  have  been
    50  pardoned or restored to all the rights of a citizen, without restriction
    51  as  to  the  right of suffrage, or received a certificate of relief from
    52  disabilities or a certificate of good conduct pursuant to article  twen-
    53  ty-three  of  the  correction law removing my disability to register and
    54  vote or my maximum sentence of imprisonment has expired or I  have  been
    55  discharged from parole.

        A. 1340                             5
 
     1    I hereby declare that the foregoing is a true statement to the best of
     2  my  knowledge  and  belief, and I understand that if I make any material
     3  false statement in the foregoing statement of absentee voter, I shall be
     4  guilty of a misdemeanor.
     5       Date............. Signature of Voter ..............................
     6    § 6. This act shall take effect immediately.
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