Res. No. 45

Resolution urging the New York State Legislature to amend the election law in relation to adding the term “domestic partner” to the list of family members one may accompany outside of the election district and be eligible to receive an absentee ballot.

By Council Members Moskowitz, Brewer, Fidler, Koppell, Perkins, Recchia, Weprin, Yassky, Reyna, Rivera, Liu, Boyland, Nelson, Gerson, Jackson, James and Reed

                     Whereas, New York State has always supported the equal treatment of all individuals; and

                     Whereas, The New York City Council has affirmed its belief that the electoral process should be accessible to all, regardless of an individual’s sexual orientation; and

Whereas, Current state election law permits a voter to apply for an absentee ballot when such voter will be absent because of accompanying his or her “spouse” outside of the county or city of residence; and

Whereas, A growing number of New Yorkers are choosing to enter into domestic partnerships; and

Whereas, Members of a domestic partnership are generally not considered “spouses” under state law; and

Whereas, The failure to permit absentee voting for qualified voters who are absent due to accompanying a domestic partner discriminates based upon sexual orientation; and

Whereas, Amending the state election law to permit application for absentee ballots based upon accompanying a spouse or domestic partner would reflect New York State’s commitment to the equal treatment of all individuals, free from discrimination; now, therefore, be it

Resolved, That the Council of the City of New York urges the New York State Legislature to amend the election law in relation to adding the term “domestic partner” to the list of family members one may accompany outside of the election district and be eligible to receive an absentee ballot.