[LocalLeagueVoterService] LWVNYS: Recent legislative action

Tue Apr 27 13:13:32 CDT 2010

Hello, everyone. The legislature has been keeping Aimee Allaud and Barbara
Bartoletti very busy these days. There are a couple of bills in the hopper,
one passed and sent to the Governor (simplification of the absentee ballot
application and process), and one concerning the use of lever machines for
the school board elections. Aimee has provided the following information;
check the LWVNYS web site for more information. Please note that this means
that the Absentee Ballot Application form will change (presuming the
Governor signs the bill), but we don't yet have a new one; Aimee is tracking
that for us, and we'll let you know when it comes so that you can include it
in your voter service activities.

Regards,

Maggie Moehringer, LWVNYS VP for Voter Service

>>>>>>>>>>>>>>>>>>>>>>>>>>>> 

SIMPLIFICATION OF THE ABSENTEE BALLOT PROCESS

S.2868/A5276, passed both houses of the New York State Legislature and will
be delivered to the governor for his approval. This bill simplifies the
absentee ballot process for all New Yorkers, no longer requiring a
complicated and intimidating explanation from someone who requests an
absentee ballot. 

This legislation would change the process by which a voter requests an
absentee ballot.  It allows an absentee ballot to be provided as long as the
voter affirms, in good faith, that he or she will be out of the county or
unable to appear at their designated polling site on Election Day due to
illness or disability.  The new absentee ballot application will simply
require a sworn statement signed by the voter stating that the voter does
not anticipate being able to access their polling site on Election Day for
one of those reasons.

Currently voters are asked a series of lengthy questions that provides
information of little value to the Board of Elections. These questions not
only burden the voters with the complex task of explaining why they cannot
appear at the poll site, but invade their privacy and jeopardize their
safety by requiring such minute details. These details include the dates
that voters will be away from their residences, where they are going, and
who they will be with. If voters will be unable to go to the polls due to
illness or disability, they must specify their physician's name and address;
and if they will be in a hospital, they must disclose where it is located. 

In addition, S.2868/A.5276 also allows voters to request absentee ballots
for more than one election. Voters who have second residences or go on
extended trips are currently forced to apply for absentee ballots for each
election, often preventing their participation in elections, such as special
elections to fill vacated offices, which could occur within weeks or months
of each other. This will allow more people to exercise their right to vote
by making it easier for people to vote who are constantly away from their
homes and polling sites, and who know they will not be able to vote in
person.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> 

BILL # A10507A, SAME AS S7584, ADDRESSING THE USE OF LEVER MACHINES FOR
SCHOOL BOARD ELECTIONS UNTIL 2012 

STATUS: A10507A Nolan is on 3rd reading. S7584 was introduced on 4/23 and
has been referred to the Senate Education committee. Aimee suspects there
may be an intention to pass the legislation soon, and perhaps in time to
affect the May school elections.   

[The evaluation of the legislation below is from from Bo Lipari expressed to
New Yorkers for Verified Voting and other interested parties, including
Aimee] 

After looking at these school election/lever bills it looks like these are
stopgap bills, only allowing use of lever machines until 2012. Also, CBOEs
are not obligated to support levers elections for school boards if they
don't want to (although I suspect most will choose to do so). Given that the
Legislature recognizes that any use of levers is currently  illegal under
ERMA, and probably under pressure to get this year's school  elections
completed with the least amount of problem, they need this bill to  keep the
use of levers legal in school elections for another year or two.  While
there may be some danger that school boards will want to continue to  use
levers past 2012, this bill does require that this be revisited then. By
2012, I'm sure I would oppose school boards continuing to use levers. But
letting them use them for another year or two is a different story. I can
understand the desire to get the school board elections coming up very soon
in May completed with as little turmoil as possible. And it is reasonable
that it would be easier for the school boards to conduct their elections for
the next year or two with the old equipment, rather than figure out all the
new stuff.    All this assumes of course, that CBOEs would want to support
lever school  elections, but my guess is that many will, if only because of
the long time  relationship of CBOE and school boards during the election.
Bottom line, I don't see this bill as a big threat, and can even find some
reasonable arguments for allowing the school boards to transition to paper
and scanners over a slightly longer time frame. So my reaction to it has
tempered a bit from when I first saw it, and did not realize that this is a
stopgap measure, not a permanent situation.    I don't have an answer to the
questions about accessible voting with BMDs in  school boards. If this is
required, then the benefits of using lever  machines begin to dwindle
quickly, even as a stopgap. However, if the  disability community is not
pursuing this, I'm not sure it should be an  issue for us.    Anyway, just
wanted to update you on my evolving analysis of these school  election/lever
bills.    Thanks,  Bo   

______________________ 
Maggie Moehringer 
(518) 475-0969 
mmoehrin at nycap.rr.com 
12 Coventry Rd. 
Glenmont, NY 12077 

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