Bill Text: NY A05497 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes compulsory voting, with some exceptions, for general elections held in this state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to election law [A05497 Detail]

Download: New_York-2023-A05497-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5497

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 13, 2023
                                       ___________

        Introduced  by M. of A. GLICK -- read once and referred to the Committee
          on Election Law

        AN ACT to amend the election law, in relation to establishing compulsory
          voting in this state

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  5-100 of the election law, as amended by chapter
     2  373 of the laws of 1978, is amended to read as follows:
     3    § 5-100. Registration; required.  1. A person shall not be entitled to
     4  vote in any election held pursuant to this chapter unless  he  shall  be
     5  registered, and if required, enrolled pursuant to the provisions of this
     6  article  unless  he  shall  present  a  court order directing that he be
     7  permitted to vote at such election.
     8    2. All persons eligible to vote or who will be eligible by the date of
     9  a general election, not including a primary or school district election,
    10  shall register before the date specified under  section  5-210  of  this
    11  article.
    12    3.  Where  a specific provision of law relating to the registration of
    13  voters exists in any other  statute,  which  is  inconsistent  with  the
    14  provisions   of  this  article,  such  provision  shall  apply  and  the
    15  provisions of this article not inconsistent therewith shall apply.
    16    § 2. The election law is amended by adding a new section 8-310 to read
    17  as follows:
    18    § 8-310. Voting; required. 1. All eligible voters shall vote  at  each
    19  election  in  person  or  by  absentee ballot; provided however that the
    20  requirement to vote shall  not  apply  to  a  primary  or  school  board
    21  election.
    22    2.  The  sole  duty  imposed  under  this section shall be to return a
    23  ballot. No person shall be compelled to cast a valid vote.
    24    3. An eligible voter who fails to cast a ballot shall be subject to  a
    25  ten dollar fine. The state board of elections may waive the fine for any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09300-01-3

        A. 5497                             2

     1  person  who  submits timely proof of a valid excuse. Any funds recovered
     2  pursuant to this section shall be utilized for the  improvement  of  the
     3  election process.
     4    §  3.  The  state  board  of elections shall promulgate such rules and
     5  regulations as it deems appropriate to carry out the  purposes  of  this
     6  act.  Such  rules and regulations may include, but are not limited to, a
     7  process for waiving the fine in the event of a valid  excuse,  and  what
     8  constitutes a valid excuse.
     9    § 4. This act shall take effect immediately.
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