Bill Text: NY A10515 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes absentee voting during the declared state of emergency for COVID-19.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-22 - reported referred to rules [A10515 Detail]
Download: New_York-2019-A10515-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10515 IN ASSEMBLY May 24, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. DenDekker) -- read once and referred to the Committee on Election Law AN ACT in relation to authorizing absentee voting during the declared state of emergency for COVID-19 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. The legislature finds that 2 the state of New York is in the midst of a natural disaster as a result 3 of the worldwide COVID-19 pandemic. In response to this crisis, on March 4 2, 2020, the legislature amended article 2-B of the executive law to 5 expand the governor's emergency powers to address disasters caused by a 6 disease outbreak. The governor signed the legislation into law the next 7 day (chapter 23 of the laws of 2020). On March 7, 2020, the governor 8 issued Executive Order 202, declaring a state disaster emergency for the 9 entire state of New York. On March 11, 2020, the World Health Organiza- 10 tion declared COVID-19 to be a global pandemic. Three days later, the 11 President of the United States declared a national emergency under Proc- 12 lamation 9994 in response to the COVID-19 pandemic. 13 This natural disaster, caused by the worldwide COVID-19 pandemic, has 14 resulted in 361,515 COVID-19 positive cases, and 23,391 deaths since the 15 first case was identified in New York on March 1, 2020. The COVID-19 16 outbreak has severely disrupted the health care system in New York city 17 and threatens the statewide system as a whole. Facing severe shortages 18 of respiratory ventilators and personal protection equipment to treat 19 critically ill patients, the governor took drastic steps to slow the 20 exponential growth of the deadly disease. These steps include, in the 21 interest of preserving life and public health, a policy of "social 22 distancing," including avoiding gatherings of more than 10 people to 23 prevent the spread of COVID-19. This has also included the closure of 24 all but essential businesses statewide, the closure of schools, colleges 25 and universities statewide, and the postponement of the presidential 26 primary from April 28 to June 23, 2020. 27 The legislature further finds that open elections are essential for 28 democracy and to the orderly continuation of New York's state and local EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16514-01-0A. 10515 2 1 governmental operations. All state legislative seats in the assembly 2 and senate are up for election this year and the threat of contagion and 3 the necessary policy of social distancing could drastically affect the 4 willingness of the citizenry to vote in person in the midst of the 5 pandemic. In order to facilitate the participation of voters in the 6 elections that will decide who takes office on January 1, 2021, the 7 legislature finds that it is necessary to allow all voters to vote via 8 an absentee ballot due to the risk of exposure to the deadly COVID-19 9 coronavirus. 10 § 2. Absentee voting. Notwithstanding section 2 of article II of the 11 constitution of the state of New York, in order to insure the continuity 12 of state and local governmental operations in this period of emergency 13 due to the natural disaster created by the COVID-19 worldwide pandemic, 14 the legislature uses its constitutional authority pursuant to section 25 15 of article III of the constitution of the state of New York to authorize 16 all registered voters who are entitled to vote in an election during the 17 declared COVID-19 state emergency to request, receive and cast an absen- 18 tee ballot due to the risk of exposure to the deadly COVID-19 coronavi- 19 rus. Such ballots shall be canvassed and counted if otherwise valid 20 pursuant to the election law and related executive orders. 21 § 3. This act shall take effect immediately.