Amd 2, Chap 139 of 2020; amd 15-120 & 15-122, El L
Permits voting by absentee ballot where there is a risk of contracting or spreading a disease that may cause illness to the voter or to other members of the public.
STATE OF NEW YORK
________________________________________________________________________
7565--B
2021-2022 Regular Sessions
IN SENATE
December 3, 2021
___________
Introduced by Sens. BIAGGI, BROUK -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Elections in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the election law, in relation to absentee voting in
village elections; to amend chapter 139 of the laws of 2020 amending
the election law relating to absentee voting, in relation to the
effectiveness thereof; and providing for the repeal of certain
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 2 of chapter 139 of the laws of 2020 amending the
2 election law relating to absentee voting, is amended to read as follows:
3 § 2. This act shall take effect immediately and shall expire and be
4 deemed repealed [January 1] December 31, 2022.
5 § 2. Subdivision 1 of section 15-120 of the election law, as amended
6 by chapter 289 of the laws of 2014, paragraph (c) as amended by chapter
7 322 of the laws of 2021, is amended to read as follows:
8 1. A qualified voter of a village may vote as an absentee voter under
9 this section if during all the hours of voting on the day of a general
10 or special village election he or she will be:
11 (a) absent from the county of his or her residence; or
12 (b) unable to appear at the polling place because of illness or phys-
13 ical 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, provided that, for purposes of
16 this paragraph, "illness" shall include, but not be limited to,
17 instances where a voter is unable to appear personally at the polling
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13908-05-2
S. 7565--B 2
1 place of the election district in which they are a qualified voter
2 because there is a risk of contracting or spreading a disease that may
3 cause illness to the voter or to other members of the public; or
4 (c) an incarcerated individual or patient of a veteran's adminis-
5 tration hospital; or
6 (d) absent from his or her voting residence because he or she is
7 detained in jail awaiting action by a grand jury or awaiting trial, or
8 confined in jail or prison after a conviction for an offense other than
9 a felony, provided that he or she is qualified to vote in the election
10 district of his or her residence.
11 § 3. Subdivision 1 of section 15-122 of the election law is amended to
12 read as follows:
13 1. A qualified elector of a village, who, on the occurrence of any
14 general or special village election, may be within the county of his
15 residence but unable to appear personally at the polling place in the
16 village of his residence because of illness, physical disability or
17 confinement either at home or in a hospital or institution, other than a
18 mental institution may vote as an absentee voter under this section,
19 provided that, for purposes of this subdivision, "illness" shall
20 include, but not be limited to, instances where a voter is unable to
21 appear personally at the polling place of the election district in which
22 they are a qualified voter because there is a risk of contracting or
23 spreading a disease that may cause illness to the voter or to other
24 members of the public.
25 § 4. This act shall take effect immediately and shall be deemed to
26 have been in full force and effect on and after December 31, 2021;
27 provided however that the provisions of sections two and three of this
28 act shall expire and be deemed repealed December 31, 2022.
