Bill Text: NY A05346 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts the Disaster Voting Relief Act; provides for temporary voting procedures in a state of emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-11 - referred to election law [A05346 Detail]

Download: New_York-2019-A05346-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5346
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2019
                                       ___________
        Introduced  by M. of A. TITUS -- read once and referred to the Committee
          on Election Law
        AN ACT to amend the election law, in relation to enacting the  "disaster
          voting relief act of 2019"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Short title.  This act shall be known and may be cited  as
     2  the "disaster voting relief act of 2019".
     3    §  2.    The  election law is amended by adding a new section 3-109 to
     4  read as follows:
     5    § 3-109. Disaster; governor may suspend or delay voting. 1. The gover-
     6  nor may, upon issuance of an executive order declaring a state of  emer-
     7  gency  or upon the issuance of a federal disaster declaration suspend or
     8  delay an election in such municipality.
     9    2. If a delay or suspension is authorized by the governor, the delayed
    10  voting shall resume or be rescheduled as soon as practicable pursuant to
    11  the procedures outlined in section 3-108 of this title. The state  board
    12  of  elections  shall  promulgate  such  rules and regulations to further
    13  effectuate the provisions of this section.
    14    § 3. The election law is amended by adding a new section 8-414 to read
    15  as follows:
    16    § 8-414. Persons entitled  to  vote  absentee  when  an  emergency  is
    17  declared. Upon issuance of an executive order declaring a state of emer-
    18  gency  or  upon  the  issuance  of a federal disaster declaration within
    19  fourteen days of an election any qualified voter whose polling  location
    20  is  within the area affected by such declaration may vote as an absentee
    21  voter notwithstanding the provisions of this chapter.
    22    § 4. Section 8-302 of the election law is  amended  by  adding  a  new
    23  subdivision 6 to read as follows:
    24    6.  Upon  the  governor's  issuance  of an executive order declaring a
    25  state of emergency pursuant to section twenty-eight of the executive law
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05859-02-9

        A. 5346                             2
     1  or upon the issuance of a federal disaster declaration a  voter  seeking
     2  to  vote by affidavit need not affirm that such voter is duly registered
     3  in the election district in which such voter seeks to cast an  affidavit
     4  ballot  if  such voter is registered to vote within the county for which
     5  such declaration has been issued.
     6    § 5. Paragraph (a) of subdivision 2 of section 9-209 of  the  election
     7  law is amended by adding a new subparagraph (iv) to read as follows:
     8    (iv)  Notwithstanding  subparagraph (iii) of this paragraph, the board
     9  of elections for the county in which such voter resides shall  cast  and
    10  canvass  such  ballot,  if it determines that such voter was entitled to
    11  vote regardless  of the fact that the voter may  have  appeared  in  the
    12  incorrect polling location due to the declaration of a state of emergen-
    13  cy.  Such  ballot  shall  not be cast and canvassed for such contest for
    14  which the person was not entitled to vote at such election.
    15    § 6. The opening paragraph of section 9-209 of the  election  law,  as
    16  separately  amended  by chapters 3 and 6 of the laws of 2019, is amended
    17  to read as follows:
    18    Before completing the canvass of votes cast in any  primary,  general,
    19  special,  or  other  election at which voters are required to sign their
    20  registration poll records before voting, the board  of  elections  shall
    21  proceed  in  the  manner  hereinafter prescribed to cast and canvass any
    22  absentee, military,  special  presidential,  special  federal  or  other
    23  special  ballots  and  any  ballots voted by voters who moved within the
    24  state after registering, voters who are in inactive status, voters whose
    25  registration was incorrectly transferred to another address even  though
    26  they  did  not move, voters whose registration poll records were missing
    27  on the day of such election, voters who  have  not  had  their  identity
    28  previously  verified  and voters whose registration poll records did not
    29  show them to be enrolled in the  party  in  which  they  claimed  to  be
    30  enrolled and voters incorrectly identified as having already voted. Each
    31  such  ballot  shall  be retained in the original envelope containing the
    32  voter's affidavit and signature, in which it is delivered to  the  board
    33  of  elections until such time as it is to be cast and canvassed.  Absen-
    34  tee ballots cast by voters pursuant to section  8-414  of  this  chapter
    35  shall  be transmitted by the county board of elections where such ballot
    36  was cast to the board of elections where such  voter  is  registered  to
    37  vote  to  be canvassed with other affidavit and absentee ballots for the
    38  election district wherein the voter resides.
    39    § 7. This act shall take effect on the one hundred eightieth day after
    40  it shall have become a law; provided, however,  the  amendments  to  the
    41  opening  paragraph  of section 9-209 of the election law made by section
    42  six of this act shall take effect on the  same  date  and  in  the  same
    43  manner  as  chapter 3 of the laws of 2019 takes effect.  Effective imme-
    44  diately, the board of elections is authorized to promulgate  such  rules
    45  and  regulations necessary for the further implementation of this act on
    46  its effective date.
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