BILL NUMBER: S5679
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the election law, in relation to authorizing United
States citizens currently residing outside the United States whose last
residence in the United States was in the state of New York to vote in
certain federal elections
 
PURPOSE OF BILL:
This bill would allow voters whose previous residence was in New York
State to vote via absentee ballot in a Federal Election if they reside
in a United States Territory or United States Possession.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 11-200 of the election law by removing the
provision that prohibited a citizen who otherwise qualified to vote via
absentee ballot from voting if they reside in a United States Territory
or Possession.
Section 2 sets the effective date.
 
JUSTIFICATION:
United States citizens who are former residents of New York may vote in
New York as special federal voters via absentee ballot for President,
Vice President, for their Congressperson or Senator if they reside
outside of the United States. However, the existing statute contains a
specific exception if the voter resides in a United States "territory"
or "possession", such as Puerto Rico, the U.S. Virgin Islands, Guam, or
American Samoa. So, a former eligible New York voter who moves to France
can vote via New York absentee ballot in certain federal elections,
whereas a former eligible New York voter who moves, for example, to
Puerto Rico cannot. This has led to the disenfranchisement of countless
New Yorkers - who would otherwise qualify to vote by absentee ballot as
they are prevented from exercising their constitutionally protected
right to vote in a federal election.
 
LEGISLATIVE HISTORY:
SENATE:
2023 - 2024: S482 (Salazar) - Referred to Elections
2021 - 2022: 57452 (Salazar) - Referred to Elections
ASSEMBLY:
2023 - 2024: A 2819 (Davila) - Referred to Elections
2021 - 2022: A 9709 (Davila) - Referred to Elections
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Effective immediately..

Statutes affected:
S5679: 11-200 election law, 11-200(1) election law