|SAME AS||No Same As|
|COSPNSR||Colton, Mosley, D'Urso, Blake, Dinowitz, Niou, Bichotte, Richardson, Pheffer Amato, Jones|
|Amd §8-400, El L|
|Allows for a voter to apply for an absentee ballot for any reason.|
|01/29/2019||referred to election law|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3506 SPONSOR: Carroll
TITLE OF BILL: An act to amend the election law, in relation to application for an absentee ballot   PURPOSE OR GENERAL IDEA OF BILL: This bill relates to the changing of absentee voting qualifications.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 if a voter is unable to vote in person on Election Day due to any reason, they may fill out an application and vote as an absentee voter. Section 2 sets the effective date.   JUSTIFICATION: Twenty seven states allow for no excuse absentee voting, while three use an all-mail voting system. New York State now has some of the most stringent requirements as it relates to casting an Absentee ballot. Additionally, New York State's voter participation has been on the steady decline since the 1950's when in 1953 the Mayor of the City of New York was elected with 93% of the eligible voters casting a ballot. 60 years later in 2013 only 24% of voters who were eligible cast a ballot - a record low for that race. Most recently, in the 2014 New York State Gubernatorial race and the 2016 Presidential Primary New York State ranked 49th out of 50 in voter turnout nationwide. It is critical that we do more to enhance the ability of each voter to cast a ballot. Requiring the voter to provide a specific reason in order to attain an absentee ballot is an unnecessary hurdle for the voter to clear in order for them to express their democratic right to vote. Removing this requirement will have a positive impact on voter turnout statewide.   PRIOR LEGISLATIVE HISTORY: A.5987 of 2017-18   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect nineteen days after becoming a law.
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STATE OF NEW YORK ________________________________________________________________________ 3506 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. CARROLL, COLTON, MOSLEY, D'URSO, BLAKE, DINOWITZ, NIOU, BICHOTTE, RICHARDSON, PHEFFER AMATO, JONES -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to application for an absentee ballot The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1, the opening paragraph of subdivision 2 and 2 paragraphs (c) and (d) of subdivision 3 of section 8-400 of the election 3 law, subdivision 1 and paragraphs (c) and (d) of subdivision 3 as 4 amended by chapter 63 of the laws of 2010, paragraph (c) of subdivision 5 1 and subparagraph (iii) of paragraph (c) of subdivision 3 as amended by 6 chapter 375 of the laws of 2015, and the opening paragraph of subdivi- 7 sion 2 as amended by chapter 216 of the laws of 1988, are amended to 8 read as follows: 9 1. A qualified voter may vote as an absentee voter under this chapter 10 if[ , on the occurrence of any village election conducted by the board of11 elections, primary election, special election, general election or New12 York city community school board district or city of Buffalo school13 district election,] he or she expects to be[ :14 (a) absent from the county of his or her residence, or, if a resident15 of the city of New York absent from said city; or16 (b) unable to appear personally at the polling place of the election17 district in which he or she is a qualified voter because of illness or18 physical disability or duties related to the primary care of one or more19 individuals who are ill or physically disabled, or because he or she20 will be or is a patient in a hospital; or21 (c) a resident or patient of a veterans health administration hospi-22 tal; or23 (d) absent from his or her voting residence because he or she is24 detained in jail awaiting action by a grand jury or awaiting trial, orEXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02004-01-9A. 3506 2 1 confined in jail or prison after a conviction for an offense other than2 a felony, provided that he or she is qualified to vote in the election3 district of his or her residence] unable to vote in person due to any 4 reason. 5 A qualified voter desiring to vote [ at such election] as an absentee 6 voter for any reason [ specified in subdivision one hereof] must make 7 application for an absentee ballot on a form to be obtained and filed as 8 provided herein or by letter as provided in paragraph (d) of this subdi- 9 vision. 10 (c) [ A statement, as appropriate, that on the day of such election the11 applicant expects in good faith to be in one of the following catego-12 ries:13 (i) absent from the county of his or her residence, or if a resident14 of the city of New York absent from said city; provided, however, if the15 applicant expects to be absent from such county or city for a duration16 covering more than one election and seeks an absentee ballot for each17 election, he or she shall state the dates when he or she expects to18 begin and end such absence; or19 (ii) unable to appear at a polling place because of illness or phys-20 ical disability or duties related to the primary care of one or more21 individuals who are ill or physically disabled; or22 (iii) a resident or patient of a veterans health administration hospi-23 tal; or24 (iv) detained in jail awaiting action by a grand jury or awaiting25 trial or confined in jail or prison after a conviction for an offense26 other than a felony and stating the place where he or she is so detained27 or confined.28 (d)] Such application shall permit the applicant to apply for an 29 absentee ballot for either a primary election or the general election in 30 any year and for those persons who will be continuously absent from 31 their county of residence during the period between the fall primary 32 election and the general election in any year to apply for ballots for 33 both such elections in such year. A voter who applies for an absentee 34 ballot shall be sent an absentee ballot for any special election or 35 winter primary that occurs during the period of absence specified in the 36 application. 37 § 2. This act shall take effect on the ninetieth day after it shall 38 have become a law.
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