Regulates delivery of absentee ballots in nursing homes; establishes requirements, clarifies prohibitions on casting absentee ballots of another; repealer

Summary of provisions

OF BILL: Requires that absentee ballots for residents of nursing homes and other institutions for which there are five or more such ballots must be delivered to the voters by board of elections personnel rather than mailed.

Limits to seven the number of absentee ballots which any one person may pick-up.

Requires that persons picking up absentee ballots must sign an affidavit stating that they have not picked up more than seven ballots. Provides that, if a resident of a nursing home or other institution is away at the time that the Board of Elections visits the institution, the personnel shall either return to the institution at another time or leave the ballot at the institution to be delivered to the voter immediately on his return.

Clarifies that one person cannot vote the absentee ballot of another person without specific directions and specifically adds such conduct to the list of illegal voting activities which constitute misdemeanors.

Effects of present law which this bill would alter

Present law permits the board of elections to deliver absentee ballots to residents of nursing homes rather than mailing them but does not mandate it. Present law has no limit on the number of absentee ballots any one person may pick-up. Present law does not prohibit persons who pick-up ballots from giving such ballots to a third person for delivery to the voter or require such ballots to be counted centrally. Present law also has no absolutely specific prohibition on voting the absentee ballot of another person although various general fraud provisions would apply.

Justification

Residents of nursing homes and other residential care facilities who vote by absentee ballot are vulnerable to pressure from the staff on whom they depend. There have also been serious allegations that members of the staff or other persons associated with the institution actually cast the ballots. There have been instances in which all the ballots cast by residents of an institution are voted for the same candidates for every office on the ballot.

The legislature attempted to deal with this problem in 1988 with a bill which permitted boards of election to adopt a policy of having a

bi-partisan team of board personnel deliver the absentee ballots to the voters at such institutions. During its first year of operation, the system has worked well in those counties which adopted it. However, in some places in which abuses allegedly occur, a motion to adopt the system was defeated on a tie vote of the commissioners. It would be better if the system were mandatory.

There are also situations in which voters who are not ill and who are not going to be out of town are asked to sign applications for absentee ballots even though they are not eligible. The applications authorize the person distributing them to pick up the ballots. This person (presumably a partisan of one or more of the candidates) then "assists" the voter in completing the ballot or, indeed, marks it himself In the most egregious cases, there will be a couple of hundred absentee ballots from one election district, virtually all cast for the same candidates. Limiting The number of ballots that any one person can pick-up requiring that ballots which are picked up by persons other than the voter must be delivered directly to the voter and must be counted centrally and clarifying that it is illegal and, indeed, criminal, to mark another person's absentee ballot should prevent, or at least substantially curtail these abuses.

Legislative history

2009; A.8495 - Election Law Committee 2007-08; A3024- Election Law Committee 2005-06; A.5847- Election Law Committee 2003-04; A.4298- Election Law Committee 2001-02; A.4840- Election Law Committee 1999-00; A.6594- Election Law Committee 1997-98; A.6057- Election Law Committee 1996; .A.5920- Codes Committee 1995; A.5920- Election Law 1993-94; A.5180- Passed Assembly 1991-92; A2724- Passed Assembly 1990; A.9153-B- Passed Assembly

Fiscal implications for state and local governments

Some minor additional costs to board of elections for delivering ballots to voters at these institutions.

Effective date

The first day of December following enactment.