Bill Text: NY A05531 | 2021-2022 | General Assembly | Amended
Bill Title: Authorizes voting by proxy at a judicial district convention due to novel coronavirus, COVID-19.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-25 - amended on third reading 5531a [A05531 Detail]
Download: New_York-2021-A05531-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5531--A Cal. No. 176 2021-2022 Regular Sessions IN ASSEMBLY February 19, 2021 ___________ Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to the Committee on Election Law -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third read- ing AN ACT to amend the election law, in relation to voting by proxy at a judicial district convention due to novel coronavirus, COVID-19; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6-124 of the election law, as amended by chapter 2 876 of the laws of 1977, is amended to read as follows: 3 § 6-124. Conventions; judicial. 1. A judicial district convention 4 shall be constituted by the election at the preceding primary of deleg- 5 ates and alternate delegates, if any, from each assembly district or, if 6 an assembly district shall contain all or part of two or more counties 7 and if the rules of the party shall so provide, separately from the part 8 of such assembly district contained within each such county. The number 9 of delegates and alternates, if any, shall be determined by party rules, 10 but the number of delegates shall be substantially in accordance with 11 the ratio, which the number of votes cast for the party candidate for 12 the office of governor, on the line or column of the party at the last 13 preceding election for such office, in any unit of representation, bears 14 to the total vote cast at such election for such candidate on such line 15 or column in the entire state. The number of alternates from any 16 district shall not exceed the number of delegates therefrom. The deleg- 17 ates certified to have been elected as such, in the manner provided in 18 this chapter, shall be conclusively entitled to their seats, rights and 19 votes as delegates to such convention. When a duly elected delegate does 20 not attend the convention, his place shall be taken by one of the alter- 21 nates, if any, to be substituted in his place, in the order of the vote 22 received by each such alternate as such vote appears upon the certified EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09710-02-2A. 5531--A 2 1 list and if an equal number of votes were cast for two or more such 2 alternates; the order in which such alternates shall be substituted 3 shall be determined by lot forthwith upon the convening of the conven- 4 tion. If there shall have been no contested election for alternate, 5 substitution shall be in the order in which the name of such alternate 6 appears upon the certified list, and if no alternates shall have been 7 elected or if no alternates appear at such convention, then the deleg- 8 ates present from the same district shall elect a person to fill the 9 vacancy. 10 2. Notwithstanding subdivision one of this section or any other 11 provision of law, rule or regulation to the contrary, where a duly 12 elected delegate may not attend the convention due to the state disaster 13 of emergency due to novel coronavirus, COVID-19, such delegate's place 14 shall not be substituted by an alternate and instead such delegate shall 15 be entitled to vote by proxy. 16 § 2. This act shall take effect immediately and shall expire and be 17 deemed repealed December 31, 2022.
