A03506 Summary:

BILL NOA03506
 
SAME ASNo Same As
 
SPONSORCarroll
 
COSPNSRColton, Mosley, D'Urso, Blake, Dinowitz, Niou, Bichotte, Richardson, Pheffer Amato, Jones
 
MLTSPNSR
 
Amd 8-400, El L
 
Allows for a voter to apply for an absentee ballot for any reason.
Go to top    

A03506 Actions:

BILL NOA03506
 
01/29/2019referred to election law
Go to top

A03506 Memo:

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.
Go to top

A03506 Text:



 
                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 of
    11  elections, primary election, special election, general election  or  New
    12  York  city  community  school  board  district or city of Buffalo school
    13  district election,] he or she expects to be[:
    14    (a) absent from the county of his or her residence, or, if a  resident
    15  of the city of New York absent from said city; or
    16    (b)  unable  to appear personally at the polling place of the election
    17  district in which he or she is a qualified voter because of  illness  or
    18  physical disability or duties related to the primary care of one or more
    19  individuals  who  are  ill  or physically disabled, or because he or she
    20  will be or is a patient in a hospital; or
    21    (c) a resident or patient of a veterans health  administration  hospi-
    22  tal; or
    23    (d)  absent  from  his  or  her  voting residence because he or she is
    24  detained in jail awaiting action by a grand jury or awaiting  trial,  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02004-01-9

        A. 3506                             2

     1  confined  in jail or prison after a conviction for an offense other than
     2  a felony, provided that he or she is qualified to vote in  the  election
     3  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 the
    11  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  resident
    14  of the city of New York absent from said city; provided, however, if the
    15  applicant  expects  to be absent from such county or city for a duration
    16  covering more than one election and seeks an absentee  ballot  for  each
    17  election,  he  or  she  shall  state the dates when he or she expects to
    18  begin and end such absence; or
    19    (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 more
    21  individuals who are ill or physically disabled; or
    22    (iii) a resident or patient of a veterans health administration hospi-
    23  tal; or
    24    (iv) detained in jail awaiting action by  a  grand  jury  or  awaiting
    25  trial  or  confined  in jail or prison after a conviction for an offense
    26  other than a felony and stating the place where he or she is so detained
    27  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.
Go to top

A03506 LFIN:

 NO LFIN
Go to top