Provides for the requirements in absentee ballot applications for village elections to conform to state board of election absentee ballot requirements

4 Co-sponsors

• Tony Avella
• Martin Malavé Dilan
• Bill Perkins
• John L. Sampson

BILL NUMBER:S3553A

Title of bill

An act to amend the election law, in relation to absentee voting at village elections

Purpose

Provides for the requirements in absentee ballot applications for village elections to conform to state board of elections absentee ballot requirements.

Summary of provisions

Section 15-120 of the election law is amended as follows:

Section 1 is amended by removing subdivision a, and adds a new subdivision a, and inserts subdivisions b through d. these subdivisions set requirements for absentee voting at village elections as shown below.

* Subdivision a: the qualified voter is absent from the county of their residence; or

* Subdivision b: the qualified voter is unable to appear at a polling place because they, or someone they are the primary care-giver for are ill or have a physical disability; or

* Subdivision c: the qualified voter is an inmate or patient of a veteran's administration hospital; or

* Subdivision d: the qualified voter is detained in jail awaiting action by a grand jury or awaiting trial, or because they have been convicted for an offense other than a felony, provided that they are qualified to vote in the election district of their residence.

Section 4 is amended to detail what must be contained in an absentee ballot when it is filed:

* Subdivision a: the absentee ballot must include the applicant's full name, date of birth, residential address (including street and street number), rural delivery route if it applies, a mailing address if it differs from the residential address, their village, and the address to which the ballot is to be mailed.

* Subdivision b: a statement that the applicant is qualified and registered to vote.

* Subdivision c: a statement that on Election Day, the applicant expects, in good faith, to be under one of the categories set forth in subdivisions a through d of the above section 1.

* Subdivision d: states that the application shall permit the applicant to apply for an absentee ballot for either a primary election or the general election in any year and for those persons who will be continuously absent from their county of residence during the period between the fall primary election and the general election in any year to apply for ballots for both elections in such year. A voter

who applies for an absentee ballot shall be sent an absentee ballot for any special election or winter primary that occurs during the period of absence specified in the application.

(The remaining changes made by this legislation are minimal)

Justification

Village elections are governed by election laws that differ from general elections. This has resulted in confusion for those who administer the village elections and the village residents who vote. This legislation would amend the Village Election Law for the application and administration of absentee ballots to conform to those methods used by other municipalities during primary and general elections. In this, both the administrators and voters would use the same methods to vote by absentee ballot as they would in all other elections. This legislation would simplify and standardize the absentee ballot application process so that voting during the village election would be identical to voting during other elections.

Legislative history

S.1557 and A.3685 of 2011/2012 S.3251-B and A.4232-C of 2009/2010 A.9598 of 2007/2008

Fiscal implications

None to state.

Effective date

This act shall take effect immediately.