Removes limitations on voting by absentee ballot that are required by the constitution

5 Co-sponsors

• Marcus Molinaro
• Sandy Galef
• Barbara Lifton
• Donna Lupardo
• Peter Rivera

9 Multi-sponsors

• Richard Gottfried
• Susan John
• Charles Lavine
• William Magee
• N. Nick Perry
• Linda Rosenthal
• Frank Skartados
• Fred Thiele
• Harvey Weisenberg

BILL NUMBER:A8277A

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 2 of article 2 of the constitution, in relation to absentee voting

Purpose

The bill is designed to ensure that every qualified voter has the opportunity to vote in a manner set forth by the legislature.

Summary of provisions

Section 1: Amends section 2 of article II of the constitution to remove provisions that limit the legislature's ability to provide voting options other than appearance in person on the day of an election. As amended the section would permit the legislature to provide the manner, time, and place for qualified voters to vote on or before the day of the election other than by personal appearance.

Section 2: Provides that the amendment be referred to the first regular legislative session after the next general election of members of the assembly and be published for three months prior to the date of such election.

Justification

The constitution currently authorizes the legislature to provide for the time, place, and manner that qualified voters may cast a ballot (commonly called an "absentee ballot") when they are ill or physically disabled, or absent from their county (or for New York City residents, absent from New York City) on the day of an election. This provision apparently does not authorize the legislature to provide for alternative means of voting in other circumstances such as when family or child care responsibilities, care for a sick relative, or working hours make it difficult or impossible for voters to appear in person at their poll sites.

This proposed constitutional amendment would remove these limitations and grant the legislature flexibility to provide an opportunity for all qualified voters to vote irrespective of the reason they may not be voting in person at the poll site. This would enable the legislature-through subsequent legislation-to increase participation in the democratic process by facilitating voting for those who might not otherwise be able to go to the polls for reasons other than those currently enumerated, thereby eliminating arbitrary restrictions on the ability to vote. Furthermore, the amendment would enable the legislature to consider other methods of voting such as early voting, which currently may not be constitutional in New York.

Legislative history

2009: A8277 (Kavanagh)Election Law.

Fiscal impact on the state

None.

Effective date

This amendment takes effect on the first day of January of the year after its approval and ratification by the people.