STATE OF NEW YORK ________________________________________________________________________ 7091 2019-2020 Regular Sessions IN ASSEMBLY April 5, 2019 ___________ Introduced by M. of A. FERNANDEZ -- read once and referred to the Committee on Election Law AN ACT to amend the election law, the town law and the education law, in relation to the right to vote for an alien lawfully admitted for permanent residence in the United States The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 5-102 of the election law is 2 amended to read as follows: 3 1. No person shall be qualified to register for and vote at any 4 election unless he or she is a citizen of the United States or an alien 5 lawfully admitted for permanent residence in the United States and is or 6 will be, on the day of such election, eighteen years of age or over, and 7 a resident of this state and of the county, city or village for a mini- 8 mum of thirty days next preceding such election. 9 § 2. Paragraph (g) of subdivision 5 of section 5-210 of the election 10 law, as amended by chapter 2 of the laws of 2019, is amended to read as 11 follows: 12 (g) Notice that the applicant must be a citizen of the United States, 13 or an alien lawfully admitted for permanent residence in the United 14 States, is at least sixteen years old when he or she submits an applica- 15 tion to register to vote which will be effective for elections occurring 16 on or after the applicant turns eighteen years of age and a resident of 17 the county or city to which application is made. 18 § 3. Subdivision 8 of section 7-122 of the election law, as amended by 19 chapter 165 of the laws of 2010, is amended to read as follows: 20 8. On the reverse side of such inner affirmation envelope shall be 21 printed the following statement: 22 AFFIRMATION 23 I do declare that I am a citizen of the United States, or an alien 24 lawfully admitted for permanent residence in the United States, that I EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10248-01-9

A. 7091 2 1 am duly registered in the election district shown on the reverse side of 2 this envelope and I am qualified to vote in such district; that I will 3 be unable to appear personally on the day of the election for which this 4 ballot is voted at the polling place of the election district in which I 5 am a qualified voter because of the reason given on my application here- 6 tofore submitted; that I have not qualified nor do I intend to vote 7 elsewhere, that I have not committed any act nor am I under any imped- 8 iment which denies me the right to vote. 9 I hereby declare that the foregoing is a true statement to the best of 10 my knowledge and belief, and I understand that if I make any material 11 false statement in the foregoing statement of absentee voter, I shall be 12 guilty of a misdemeanor. 13 Date.................20..... ..................................... 14 Signature or mark of voter 15 ..................................... 16 Signature of Witness (required only 17 if voter does not sign his or her 18 own name) 19 ..................................... 20 Address of Witness 21 § 4. Subdivision 3 of section 7-123 of the election law, as amended by 22 chapter 104 of the laws of 2010, is amended to read as follows: 23 3. The board of elections shall furnish an inner affirmation envelope 24 with each military ballot upon which envelope shall be printed: 25 BALLOT FOR MILITARY VOTER 26 AFFIRMATION 27 I swear or affirm that: 28 (a) I am a member of the uniformed services or merchant marine on 29 active duty or an eligible spouse, parent, child or dependent of such a 30 member, and 31 (b) I am a United States citizen, or an alien lawfully admitted for 32 permanent residence in the United States, at least eighteen years of age 33 (or will be by the day of the election), eligible to vote in the 34 requested jurisdiction, and 35 (c) I have neither been convicted of a felony or other disqualifying 36 offense nor been adjudicated mentally incompetent, or if so, my voting 37 rights have been reinstated, and 38 (d) I am not registering, requesting a ballot, or voting in any other 39 jurisdiction in the United States, and 40 (e) My signature and date below indicate when I completed this docu- 41 ment, and 42 (f) The information on this form is true and complete to the best of 43 my knowledge. 44 I understand that a material misstatement of fact in the completion of 45 this document may constitute grounds for conviction of a crime. 46 Date .......... 20.... 47 ................................ 48 Signature or mark of voter 49 ................................

A. 7091 3 1 Signature of Witness (required 2 only if voter does not sign his 3 or her own name) 4 ................................ 5 Address of Witness 6 § 5. Subdivision 3 of section 8-504 of the election law, as renumbered 7 by chapter 373 of the laws of 1978, is amended to read as follows: 8 3. After receiving the answers as above specified, of any applicant, 9 the board shall, if it believes the applicant to be qualified or the 10 challenge is withdrawn, permit him or her to vote. Otherwise, the board 11 shall point out to him or her the qualifications, if any, in respect of 12 which he or she shall appear deficient. If, after such deficiencies have 13 been so indicated, the applicant shall persist in his or her claim to 14 vote, an inspector shall administer to him or her the following oath, 15 which shall be known as "The Qualification Oath": "You do swear (or 16 affirm) that you are eighteen years of age, that you are a citizen of 17 the United States or an alien lawfully admitted for permanent residence 18 in the United States and that you have been a resident of this state, 19 and of this county (of the city of New York) (village) for thirty days 20 next preceding this election, that you still reside at the same address 21 from which you have been duly registered in this election district, that 22 you have not voted at this election, and that you do not know of any 23 reason why you are not qualified to vote at this election. You do 24 further declare that you are aware that it is a crime to make any false 25 statement. That all the statements you have made to the board have been 26 true and that you understand that a false statement is perjury and you 27 will be guilty of a misdemeanor." 28 § 6. Paragraph b of subdivision 5 of section 84-a of the town law, as 29 amended by section 10 of part LL of chapter 56 of the laws of 2010, is 30 amended to read as follows: 31 b. On the reverse side of such envelope shall be printed the following 32 statement: 33 STATEMENT OF ABSENTEE VOTER 34 I do declare that I will have been a citizen of the United States or 35 an alien lawfully admitted for permanent residence in the United States 36 for thirty days, and will be at least eighteen years of age, on the date 37 of the special town election; that I will have been a resident of this 38 state and of the town shown on the reverse side of this envelope for 39 thirty days next preceding the said election; that I am or on such date 40 will be, a registered voter of said town; that I will be unable to 41 appear personally on the day of said special town election at the poll- 42 ing place of the election district in which I am or will be a qualified 43 voter because of the reason stated on my application heretofore submit- 44 ted; that I have not qualified, or do I intend to vote, elsewhere than 45 as set forth on the reverse side of this envelope; that I have not 46 received or offered, do not expect to receive, have not paid, offered or 47 promised to pay, contributed, offered or promised to contribute to 48 another to be paid or used, any money or other valuable thing, as a 49 compensation or reward for the giving or withholding of a vote at this 50 special town election, and have not made any promise to influence the 51 giving or withholding of any such votes; that I have not made or become 52 directly or indirectly interested in any bet or wager depending upon the 53 result of this special town election; and that I have not been convicted 54 of bribery or any infamous crime, or, if so convicted, that I have been 55 pardoned or restored to all the rights of a citizen, without restriction

A. 7091 4 1 as to the right of suffrage, or received a certificate of relief from 2 disabilities or a certificate of good conduct pursuant to article twen- 3 ty-three of the correction law removing my disability to register and 4 vote. 5 I hereby declare that the foregoing is a true statement to the best of 6 my knowledge and belief, and I understand that if I make any material 7 false statement in the foregoing statement of absentee voter, I shall be 8 guilty of a misdemeanor. 9 Date.............. Signature of Voter.................. 10 § 7. Paragraph a of subdivision 2 of section 213-b of the town law, as 11 added by chapter 400 of the laws of 1985, is amended to read as follows: 12 a. An applicant for such an absentee ballot shall submit an applica- 13 tion setting forth (1) his or her name and residence address, including 14 the street and number, if any, or town and rural delivery route, if any; 15 (2) that he or she is or will be, on the day of the election, a quali- 16 fied voter of the district in which he or she resides in that he or she 17 is or will be, on such date, over eighteen years of age, a citizen of 18 the United States or an alien lawfully admitted for permanent residence 19 in the United States and has or will have resided in the district for 20 thirty days next preceding such date; (3) that he or she is registered 21 in the town; (4) that he or she will be unable to appear to vote in 22 person on the day of the election for which the absentee ballot is 23 requested because he or she is, or will be on such day (a) a patient in 24 a hospital, or unable to appear personally at the polling place on such 25 day because of illness or physical disability or (b) because his or her 26 duties, occupation or business will require him or her to be outside of 27 the county or city of his or her residence on such day, (c) because he 28 or she will be on vacation outside the county or city of his or her 29 residence on such day; or, (d) absent from his or her voting residence 30 because he or she is detained in jail awaiting action by a grand jury or 31 awaiting trial or is confined in prison after conviction for an offense 32 other than a felony. Such application must be received by the district 33 secretary at least seven days before the election if the ballot is to be 34 mailed to the voter, or the day before the election, if the ballot is to 35 be delivered personally to the voter or his or her agent. 36 § 8. Paragraph b of subdivision 5 of section 213-b of the town law, as 37 amended by section 12 of part LL of chapter 56 of the laws of 2010, is 38 amended to read as follows: 39 b. On the reverse side of such envelope shall be printed the follow- 40 ing statement: 41 STATEMENT OF ABSENTEE VOTER 42 I do declare that I will have been a citizen of the United States or 43 an alien lawfully admitted for permanent residence in the United States 44 for thirty days, and will be at least eighteen years of age, on the date 45 of the district election; that I will have been a resident of this state 46 and of the district if any, shown on the reverse side of this envelope 47 for thirty days next preceding the said election and that I am or on 48 such date will be, a registered voter of said district; that I will be 49 unable to appear personally on the day of said district election at the 50 polling place of the said district in which I am or will be a qualified 51 voter because of the reason stated on my application heretofore submit- 52 ted; that I have not qualified, or do I intend to vote, elsewhere than 53 as set forth on the reverse side of this envelope; that I have not 54 received or offered, do not expect to receive, have not paid, offered or 55 promised to pay, contributed, offered or promised to contribute to

A. 7091 5 1 another to be paid or used, any money or other valuable thing, as a 2 compensation or reward for the giving or withholding of a vote at this 3 district election, and have not made any promise to influence the giving 4 or withholding of any such votes; that I have not made or become direct- 5 ly or indirectly interested in any bet or wager depending upon the 6 result of this district election; and that I have not been convicted of 7 bribery or any infamous crime, or, if so convicted, that I have been 8 pardoned or restored to all the rights of a citizen, without restriction 9 as to the right of suffrage, or received a certificate of relief from 10 disabilities or a certificate of good conduct pursuant to article twen- 11 ty-three of the correction law removing my disability to register and 12 vote. 13 I hereby declare that the foregoing is a true statement to the best of 14 my knowledge and belief, and I understand that if I make any material 15 false statement in the foregoing statement of absentee voter, I shall be 16 guilty of a misdemeanor. 17 Date............. Signature of Voter ................................... 18 § 9. Subdivision 1 of section 2012 of the education law, as amended by 19 chapter 1169 of the laws of 1971, is amended to read as follows: 20 1. A citizen of the United States or an alien lawfully admitted for 21 permanent residence in the United States. 22 § 10. Paragraph a of subdivision 2 of section 2018-a of the education 23 law, as amended by chapter 136 of the laws of 1991, is amended to read 24 as follows: 25 a. An applicant for such an absentee ballot shall submit an applica- 26 tion setting forth (1) his or her name and residence address, including 27 the street and number, if any, or town and rural delivery route, if any; 28 (2) that he or she is or will be, on the day of the school district 29 election, a qualified voter of the school district in which he or she 30 resides in that he or she is or will be, on such date, over eighteen 31 years of age, a citizen of the United States or an alien lawfully admit- 32 ted for permanent residence in the United States and has or will have 33 resided in the district for thirty days next preceding such date; (3) 34 whether he or she is registered in the district; (4) that he or she will 35 be unable to appear to vote in person on the day of the school district 36 election for which the absentee ballot is requested because he or she 37 is, or will be on such day (a) a patient in a hospital, or unable to 38 appear personally at the polling place on such day because of illness or 39 physical disability or (b) because his or her duties, occupation, busi- 40 ness, or studies will require him or her to be outside of the county or 41 city of his or her residence on such day, (c) because he or she will be 42 on vacation outside the county or city of his or her residence on such 43 day; or, (d) absent from his or her voting residence because he or she 44 is detained in jail awaiting action by a grand jury or awaiting trial or 45 is confined in prison after conviction for an offense other than a felo- 46 ny. Such application must be received by the district clerk at least 47 seven days before the election if the ballot is to be mailed to the 48 voter, or the day before the election, if the ballot is to be delivered 49 personally to the voter. 50 § 11. Paragraph b of subdivision 5 of section 2018-a of the education 51 law, as amended by section 8 of part LL of chapter 56 of the laws of 52 2010, is amended to read as follows: 53 b. On the reverse side of such envelope shall be printed the following 54 statement: 55 STATEMENT OF ABSENTEE VOTER

A. 7091 6 1 I do declare that I am a citizen of the United States or an alien 2 lawfully admitted for permanent residence in the United States, and will 3 be at least eighteen years of age, on the date of the school district 4 election; that I will have been a resident of this state and of the 5 school district and school election district, if any, shown on the 6 reverse side of this envelope for thirty days next preceding the said 7 election and duly registered in the school district and school election 8 district, if any, shown on the reverse side of this envelope and that I 9 am or on such date will be, a qualified voter of said school district; 10 that I will be unable to appear personally on the day of said school 11 district election at the polling place of the said district in which I 12 am or will be a qualified voter because of the reason stated on my 13 application heretofore submitted; that I have not qualified, or do I 14 intend to vote, elsewhere than as set forth on the reverse side of this 15 envelope; that I have not received or offered, do not expect to receive, 16 have not paid, offered or promised to pay, contributed, offered or prom- 17 ised to contribute to another to be paid or used, any money or other 18 valuable thing, as a compensation or reward for the giving or withhold- 19 ing of a vote at this school district election, and have not made any 20 promise to influence the giving or withholding of any such votes; that I 21 have not made or become directly or indirectly interested in any bet or 22 wager depending upon the result of this school district election; and 23 that I have not been convicted of bribery or any infamous crime, or, if 24 so convicted, that I have been pardoned or restored to all the rights of 25 a citizen, without restriction as to the right of suffrage, or received 26 a certificate of relief from disabilities or a certificate of good 27 conduct pursuant to article twenty-three of the correction law removing 28 my disability to register and vote. 29 I hereby declare that the foregoing is a true statement to the best of 30 my knowledge and belief, and I understand that if I make any material 31 false statement in the foregoing statement of absentee voter, I shall be 32 guilty of a misdemeanor. 33 Date.....................Signature of Voter ............................ 34 § 12. Paragraph a of subdivision 2 of section 2018-b of the education 35 law, as amended by chapter 46 of the laws of 1992, is amended to read as 36 follows: 37 a. An applicant for such an absentee ballot shall submit an applica- 38 tion setting forth (1) his or her name and residence address, including 39 the street and number, if any, or town and rural delivery route, if any; 40 (2) that he or she is or will be, on the day of the school district 41 election, a qualified voter of the school district in which he or she 42 resides in that he or she is or will be, on such date, over eighteen 43 years of age, a citizen of the United States or an alien lawfully admit- 44 ted for permanent residence in the United States and has or will have 45 resided in the district for thirty days next preceding such date; (3) 46 that he or she will be unable to appear to vote in person on the day of 47 the school district election for which the absentee ballot is requested 48 because he or she is, or will be on such day (a) a patient in a hospi- 49 tal, or unable to appear personally at the polling place on such day 50 because of illness or physical disability or (b) because his or her 51 duties, occupation, business, or studies will require him or her to be 52 outside of the county or city of his or her residence on such day, (c) 53 because he or she will be on vacation outside the county or city of his 54 or her residence on such day; or, (d) absent from his or her voting

A. 7091 7 1 residence because he or she is detained in jail awaiting action by a 2 grand jury or awaiting trial or is confined in prison after conviction 3 for an offense other than a felony. Such application must be received by 4 the district clerk or designee of the trustees or school board at least 5 seven days before the election if the ballot is to be mailed to the 6 voter, or the day before the election, if the ballot is to be delivered 7 personally to the voter. 8 § 13. Paragraph b of subdivision 6 of section 2018-b of the education 9 law, as amended by section 9 of part LL of chapter 56 of the laws of 10 2010, is amended to read as follows: 11 b. On the reverse side of such envelope shall be printed the following 12 statement: 13 STATEMENT OF ABSENTEE VOTER 14 I do declare that I am a citizen of the United States or an alien 15 lawfully admitted for permanent residence in the United States, and will 16 be at least eighteen years of age on the date of the school district 17 election; that I will have been a resident of this state and of the 18 school district and school election district, if any, shown on the 19 reverse side of this envelope for thirty days next preceding the said 20 election and that I am or on such date will be, a qualified voter of 21 said school district; that I will be unable to appear personally on the 22 day of said school district election at the polling place of the said 23 district in which I am or will be a qualified voter because of the 24 reason stated on my application heretofore submitted; that I have not 25 qualified, or do I intend to vote, elsewhere than as set forth on the 26 reverse side of this envelope; that I have not received or offered, do 27 not expect to receive, have not paid, offered or promised to pay, 28 contributed, offered or promised to contribute to another to be paid or 29 used, any money or other valuable thing, as a compensation or reward for 30 the giving or withholding of a vote at this school district election, 31 and have not made any promise to influence the giving or withholding of 32 any such votes; that I have not made or become directly or indirectly 33 interested in any bet or wager depending upon the result of this school 34 district election; and that I have not been convicted of bribery or any 35 infamous crime, or, if so convicted, that I have been pardoned or 36 restored to all the rights of a citizen, without restriction as to the 37 right of suffrage, or have received a certificate of relief from disa- 38 bilities or a certificate of good conduct pursuant to article twenty- 39 three of the correction law removing my disability to vote. 40 I hereby declare that the foregoing is a true statement to the best of 41 my knowledge and belief, and I understand that if I make any material 42 false statement in the foregoing statement of absentee voter, I shall be 43 guilty of a misdemeanor. 44 Date....................Signature of Voter ............................. 45 § 14. Subdivision 1 of section 2603 of the education law, as amended 46 by chapter 182 of the laws of 1952, is amended to read as follows: 47 1. A citizen of the United States or an alien lawfully admitted for 48 permanent residence in the United States. 49 § 15. Subdivision 5 of section 2609 of the education law, as amended 50 by chapter 919 of the laws of 1974, is amended to read as follows: 51 5. Any qualified voter of a city school district may challenge the 52 right of a person to vote at the time when he or she requests a ballot.

A. 7091 8 1 All persons named upon the applicable register as having been challenged 2 prior to the day of the election shall also be challenged before they 3 are given ballots to vote. The chairman of the board of inspectors shall 4 administer to each person so challenged the following oath: "I do 5 solemnly swear (or affirm) that I am a citizen of the United States or 6 an alien lawfully admitted for permanent residence in the United States; 7 that I am of the age of eighteen years or more; that I have been an 8 inhabitant of the State for the past year, a resident of the county for 9 the past four months and for the thirty days past an actual resident of 10 this city school district and am therefore qualified to vote at this 11 election." If the person challenged so swears or affirms, he or she 12 shall be permitted to vote at such election; but if he or she shall 13 refuse to so swear or affirm, he or she shall not be given a ballot or 14 be permitted to vote. 15 § 16. This act shall take effect on the first of January next succeed- 16 ing the date on which it shall have become a law; provided however that 17 the amendments to section 5-210 of the election law made by section two 18 of this act shall take effect on the same date and in the same manner as 19 chapter 2 of the laws of 2019, takes effect.