Bill Text: NY A10169 | 2019-2020 | General Assembly | Amended


Bill Title: Authorizes absentee voting where a voter is unable or averse to appear personally at the polling place because of an imminent, impending or urgent threat resulting from a disease outbreak, including but not limited to, the coronavirus disease 2019 (COVID-19).

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2020-05-28 - print number 10169a [A10169 Detail]

Download: New_York-2019-A10169-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                        10169--A

                   IN ASSEMBLY

                                     March 24, 2020
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee  on  Election  Law  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the election law, in  relation  to  permitting  absentee
          voting in the event of an imminent, impending or urgent threat result-
          ing  from  a  disease  outbreak;  and providing for the repeal of such
          provisions upon the expiration thereof

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

     1    Section  1.  Subdivision  1  of  section 8-400 of the election law, as
     2  amended by chapter 63 of the laws of 2010 and paragraph (c)  as  amended
     3  by chapter 375 of the laws of 2015, is amended to read as follows:
     4    1.  A qualified voter may vote as an absentee voter under this chapter
     5  if, on the occurrence of any village election conducted by the board  of
     6  elections,  primary  election, special election, general election or New
     7  York city community school board district  or  city  of  Buffalo  school
     8  district election, he or she expects to be:
     9    (a)  absent from the county of his or her residence, or, if a resident
    10  of the city of New York absent from said city; or
    11    (b) unable to appear personally at the polling place of  the  election
    12  district  in  which he or she is a qualified voter because of illness or
    13  physical disability or duties related to the primary care of one or more
    14  individuals who are ill or physically disabled, or  because  he  or  she
    15  will be or is a patient in a hospital; or
    16    (c)  a  resident or patient of a veterans health administration hospi-
    17  tal; or
    18    (d) absent from his or her voting  residence  because  he  or  she  is
    19  detained  in  jail awaiting action by a grand jury or awaiting trial, or
    20  confined in jail or prison after a conviction for an offense other  than
    21  a  felony,  provided that he or she is qualified to vote in the election
    22  district of his or her residence[.]; or
    23    (e) unable or averse to appear personally at the polling place of  the
    24  election  district in which he or she is a qualified voter because of an

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15784-02-0

        A. 10169--A                         2

     1  imminent, impending or urgent threat resulting from a disease  outbreak,
     2  including, but not limited to, the coronavirus disease 2019 (COVID-19).
     3    §  2.  Paragraph (c) of subdivision 3 of section 8-400 of the election
     4  law, as amended by chapter 63 of the laws of 2010, subparagraph (iii) as
     5  amended by chapter 375 of the laws  of  2015,  is  amended  to  read  as
     6  follows:
     7    (c)  A statement, as appropriate, that on the day of such election the
     8  applicant expects in good faith to be in one of  the  following  catego-
     9  ries:
    10    (i)  absent  from the county of his or her residence, or if a resident
    11  of the city of New York absent from said city; provided, however, if the
    12  applicant expects to be absent from such county or city for  a  duration
    13  covering  more  than  one election and seeks an absentee ballot for each
    14  election, he or she shall state the dates when  he  or  she  expects  to
    15  begin and end such absence; or
    16    (ii)  unable  to appear at a polling place because of illness or phys-
    17  ical disability or duties related to the primary care  of  one  or  more
    18  individuals who are ill or physically disabled; or
    19    (iii) a resident or patient of a veterans health administration hospi-
    20  tal; or
    21    (iv)  detained  in  jail  awaiting  action by a grand jury or awaiting
    22  trial or confined in jail or prison after a conviction  for  an  offense
    23  other than a felony and stating the place where he or she is so detained
    24  or confined[.]; or
    25    (v)  unable or averse to appear personally at the polling place of the
    26  election district in which he or she is a qualified voter because of  an
    27  imminent,  impending or urgent threat resulting from a disease outbreak,
    28  including, but not limited to, the coronavirus disease 2019 (COVID-19).
    29    § 3. This act shall take effect immediately and shall  expire  and  be
    30  deemed repealed December 31, 2020.
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