Simplifies the absentee ballot process by removing requirement of certain information that is to be provided

Summary of specific provisions

The bill amends Section 8-400 subdivisions 1, 3 and 4 of the election law that sets forth the information that qualified voters must provide in an absentee ballot application. Pursuant to the bill, &qualified voter would be permitted to vote by absentee ballot if he or she is:

*Absent from the county (or city) of his or her residence;

*Unable to appear personally at the polling place of the election district in which he or she is a qualified voter because of illness or disability or duties related to the care of one of more individuals who are ill or physically disabled;

*An inmate or patient of a veterans administration hospital;

*Detained in jail awaiting action by a grand jury or awaiting trial, or confined in jail or prison after a conviction for an offense other than a felony, provided that he or she is qualified to vote in the election district of his or her residence;

The applicant would have to provide, in the application for an absentee ballot, his or her full name, residence address, and a statement that the applicant is a registered voter. The applicant would also be required to provide a statement, as appropriate, that on the day of such election he or she expects in good faith to be absent for any of the reasons stated in the above paragraph. The applicant would be able to apply for an absentee ballot covering more than one election, even if they occur in different calendar years, by providing the beginning and end dates of the absence.

Justification

During January and February of 1993, the New York State Board of Elections gathered testimony which addressed the complexity of the voter registration form, the campaign finance disclosure form and the absentee ballot application Form. One major complaint was that voters were asked a series of lengthy questions that provided information of little value to the Board of Elections. Article II, section 2 of the New York State Constitution permits absentee voting if the voter is absent from his or her county, ill or unable to appear at the poll site because of illness or physically disabled. However, the absentee ballot application contains a long list of required information that goes far beyond questions regarding absence, illness or physical disability.

Besides burdening the voter with a needlessly complex task, requiring such detail could jeopardize his or her safety and privacy. For example, the Election Law requires a person seeking an absentee ballot based on illness or physical disability to identify his or her medical

practitioner and/or the hospital in which he or she are or expects to be a patient.

When a voter will be out of the county of his or her residence, the Election Law also specifies that applicants. must report the details regarding employment or studies necessitating such absence, or the beginning and end dates they will be on vacation and the name of his or her employer, or the details necessitating such absence because the voter is accompanying a spouse, child or parent.

Voters who have second residences or go on extended trips are also. forced to apply for absentee ballots for each election, often preventing their participation in elections that occur within weeks or months of each other. This legislation would provide them with the opportunity to apply for an absentee ballot for more than one election. The New York state Constitution does not require the disclosure of personal details and because the application is a public document that anyone has access-to under the Freedom of Information Act, this information could put a voter, or his or her property, as risk. Moreover, the absentee ballot application is the equivalent of a sworn statement and a voter's signature or mark should be sufficient to satisfy the constitutional mandate.

This legislation provides for a streamlined absentee ballot application process by allowing qualified voters to apply for absentee ballots if they meet one of the criteria in the constitution without invading the privacy of the voter.

Prior legislative history

A.5453-A and S.5172 of 2007/2008 A.5748 of 2005/2006 A.6370 and S.4553 of 2003-2004 A.5768 and S.977 of 2001-2002 A.1966-B and S.1267-B of 1999-2000 A.6364 and S.3471 of 1997-1998 S.3052 of 1995-96 S.8125 of 1993-1994

Fiscal implications

Costs associated with printing new forms.

Effective date

Immediately.