Voting by Certain Special Federal Voters

NY-ADR

3/28/18 N.Y. St. Reg. SBE-47-17-00009-A
NEW YORK STATE REGISTER
VOLUME XL, ISSUE 13
March 28, 2018
RULE MAKING ACTIVITIES
STATE BOARD OF ELECTIONS
NOTICE OF ADOPTION
 
I.D No. SBE-47-17-00009-A
Filing No. 232
Filing Date. Mar. 08, 2018
Effective Date. Mar. 28, 2018
Voting by Certain Special Federal Voters
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Part 6219 to Title 9 NYCRR.
Statutory authority:
Election Law, sections 11-220, 3-102[1] and [17]
Subject:
Voting by certain special federal voters.
Purpose:
Provide procedures for certain special federal voters.
Text of final rule:
A new Part 6219 is hereby added to 9 NYCRR, to read as follows:
6219 Certain Special Federal Voters Also Entitled to State and Local Ballots
6219.1 Absentee Voters Entitled to Special Federal Ballot. Voters who submit an otherwise valid Federal Post Card Application pursuant to Article 11 Title 2 of the Election Law and 52 U.S.C. § 20302[a][4] and select on such application the category “I am a U.S. citizen living outside the country, and I intend to return” are entitled to a special federal ballot. Such voters when also duly registered to vote pursuant to Article 5 of the Election Law are entitled to the state and local ballot in conformity with the provisions of the Election Law.
6219.2 Procedure. Voters meeting the criteria of 6219.1 shall be entered into the special federal ballot transmittal system provided by the state board of elections. Such special federal voters shall be identified therein apart from other special federal voters as also entitled to receive a state and local ballot. Such voters shall receive the special federal ballot in conformity with state and federal law, and shall receive the state and local portion of the ballot in conformity with state law through the aforesaid transmittal system.
6219.3 No New State Law Entitlement. Nothing herein shall be construed to permit a voter who does not meet the requirements for voter registration provided for in Article 5 of the Election law to receive a ballot containing state or local offices.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 6219.1.
Text of rule and any required statements and analyses may be obtained from:
Brian L. Quail, Esq., New York State Board of Elections, 40 North Pearl Street, Ste 5, Albany, New York 12207-2729, (518) 474-2063, email: [email protected]
Revised Regulatory Impact Statement
There is not need to revise the Regulatory Impact Statement previously published, as the amendment to the rule was totally nonsubstantive and technical. Specifically, the rule was amended to reflect a change in a Federal Post Card Application form. The form previously read “I am a U.S. citizen residing outside the U.S., and I intend to return”. The proposed regulation was simply amended to read as the form now reads, to wit: “I am a U.S. citizen living outside the country, and I intend to return.”
Revised Regulatory Flexibility Analysis
For the prior publication of this rule, a Statement in Lieu of Regulatory Flexibility Analysis was published because under SAPA 202-b(3)(a), when a rule does not impose an adverse economic impact on small business or local government and the agency finds it would not impose reporting, recordkeeping, or other compliance requirements on such entities, the agency may file a Statement in Lieu of. The amendment to the proposed rulemaking, as the original rulemaking, will not impact small business operations or local government functions. This rule provides procedures for processing certain applications for special federal ballots. It imposes no additional compliance, regulatory or reporting requirements on local governments or small businesses.
The amendment to the rule was totally nonsubstantive and technical. Specifically, the rule was amended to reflect a change in a Federal Post Card Application form. The form previously read “I am a U.S. citizen residing outside the U.S., and I intend to return”. The proposed regulation was simply amended to read as the form now reads, to wit: “I am a U.S. citizen living outside the country, and I intend to return.”
Revised Rural Area Flexibility Analysis
Under SAPA 202-bb(4)(a), when a rule does not impose an adverse economic impact on rural areas and the agency finds it would not impose reporting, recordkeeping, or other compliance requirements on public or private entities in rural areas, the agency may file a Statement in Lieu of. This rule has statewide application, providing procedure related to processing certain applications for special federal ballots. Accordingly, this rule has no adverse impact.
The amendment to the rule was totally nonsubstantive and technical. Specifically, the rule was amended to reflect a change in a Federal Post Card Application form. The form previously read “I am a U.S. citizen residing outside the U.S., and I intend to return”. The proposed regulation was simply amended to read as the form now reads, to wit: “I am a U.S. citizen living outside the country, and I intend to return.”
Revised Job Impact Statement
Under SAPA 201-a(2)(a), when it is apparent from the nature and purpose of the rule that it will not have a substantial adverse impact on jobs and employment opportunities, the agency may file a Statement in Lieu of. This rulemaking, as is apparent from its nature and purpose, will not have an adverse impact on jobs or employment opportunities. The proposed amendment provides for a change to processing certain applications for special federal voters. This rulemaking imposes no regulatory burden on any facet of job creation or employment.
The amendment to the rule was totally nonsubstantive and technical. Specifically, the rule was amended to reflect a change in a Federal Post Card Application form. The form previously read “I am a U.S. citizen residing outside the U.S., and I intend to return”. The proposed regulation was simply amended to read as the form now reads, to wit: “I am a U.S. citizen living outside the country, and I intend to return.”
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The agency received no public comment.
End of Document