A06730 Summary:

COSPNSRSimon, Sepulveda
Amd §5-100, add §8-310, El L
Establishes compulsory voting, with some exceptions, for general elections held in this state.
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A06730 Actions:

03/16/2017referred to election law
01/03/2018referred to election law
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A06730 Committee Votes:

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A06730 Floor Votes:

There are no votes for this bill in this legislative session.
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A06730 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the election law, in relation to establishing compulsory voting in this state   PURPOSE OR GENERAL IDEA OF BILL: To make voting compulsory for individuals who are eligible to vote.   SUMMARY OF PROVISIONS: Section 1 amends subsection 5-100 of theelection law which requires a person to be registered to vote before the date of general elections. Primary and school district elections will be exempted. Section 2 will amend election law by adding a new section 8-310 to require voting for all eligible voters either by absentee ballot or in person. Those who fail to vote will be subject to a $10 fine unless they have a proof of a valid excuse. Funds collected by will be used solely for the purpose of improving the election process. Section 3 authorizes the state board of elections to promulgate rules and regulations it deems appropriate to carry out the purposes of this act. Section 4 establishes the effective date.   JUSTIFICATION: The United States has some of the lowest voter turnout rates compared to any other advanced democratic countries in the world. During presiden- tial elections roughly 60% of eligible voters participate in the voting process. New York ranks 46th in voter turnout at the national level. After the 2014 midterm election, voter turnout was the lowest in 70 years. Since the early 1900s, Australia responded to lower voter turnout by making voting compulsory. Since the law was passed, the country has seen more than 90% of voting eligible Australians cast a ballot. Mandatory voting would drastically increase civic participation and transform the political arena by making politicians more reflective of the constitu- ents that elected them.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined   EFFECTIVE DATE: Effective immediately
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A06730 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 16, 2017
        Introduced by M. of A. GLICK, SIMON, SEPULVEDA -- read once and referred
          to the Committee on Election Law
        AN ACT to amend the election law, in relation to establishing compulsory
          voting in this state
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 5-100 of the election law, as  amended  by  chapter
     2  373 of the laws of 1978, is amended to read as follows:
     3    § 5-100. Registration; required.  1. A person shall not be entitled to
     4  vote  in  any  election held pursuant to this chapter unless he shall be
     5  registered, and if required, enrolled pursuant to the provisions of this
     6  article unless he shall present a  court  order  directing  that  he  be
     7  permitted to vote at such election.
     8    2. All persons eligible to vote or who will be eligible by the date of
     9  a   general  election,  not  including  a  primary  or  school  district
    10  elections, shall register before the date specified under section  5-210
    11  of this article.
    12    3.  Where  a specific provision of law relating to the registration of
    13  voters exists in any other  statute,  which  is  inconsistent  with  the
    14  provisions   of  this  article,  such  provision  shall  apply  and  the
    15  provisions of this article not inconsistent therewith shall apply.
    16    § 2. The election law is amended by adding a new section 8-310 to read
    17  as follows:
    18    § 8-310. Voting; required. 1. All eligible voters shall vote  at  each
    19  election  in  person  or  by  absentee ballot; provided however that the
    20  requirement to vote shall  not  apply  to  a  primary  or  school  board
    21  election.
    22    2.  The  sole  duty  imposed  under  this section shall be to return a
    23  ballot. No person shall be compelled to cast a valid vote.
    24    3. An eligible voter who fails to cast a ballot shall be subject to  a
    25  ten dollar fine. The state board of elections may waive the fine for any
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6730                             2
     1  person  who  submits timely proof of a valid excuse. Any funds recovered
     2  pursuant to this section shall be utilized for the  improvement  of  the
     3  election process.
     4    §  3.  The  state  board  of elections shall promulgate such rules and
     5  regulations as it deems appropriate to carry out the  purposes  of  this
     6  act.  Such  rules and regulations may include, but are not limited to, a
     7  process for waiving the fine in the event of a valid  excuse,  and  what
     8  constitutes a valid excuse.
     9    § 4. This act shall take effect immediately.
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