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S02799 Summary:

BILL NOS02799
 
SAME ASNo Same As
 
SPONSORCOMRIE
 
COSPNSRADDABBO
 
MLTSPNSR
 
Add 3-109 & 8-414, amd 8-302 & 9-209, El L
 
Enacts the Disaster Voting Relief Act of 2019; provides for temporary voting procedures in a state of emergency.
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S02799 Actions:

BILL NOS02799
 
01/29/2019REFERRED TO ELECTIONS
01/08/2020REFERRED TO ELECTIONS
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S02799 Memo:

Memo not available
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S02799 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2799
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 29, 2019
                                       ___________
 
        Introduced  by  Sens. COMRIE, ADDABBO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Elections
 
        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.
                                                                   LBD05859-01-9

        S. 2799                             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  amended  by  chapter  163  of  the  laws  of 2010, is amended to read as
    17  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  county or city after registering, voters who  are  in  inactive  status,
    25  voters whose registration was incorrectly transferred to another address
    26  even  though  they  did not move, voters whose registration poll records
    27  were missing on the day of such election, voters who have not had  their
    28  identity  previously verified and voters whose registration poll records
    29  did not show them to be enrolled in the party in which they  claimed  to
    30  be enrolled. Each such ballot shall be retained in the original envelope
    31  containing the voter's affidavit and signature, in which it is delivered
    32  to  the  board  of  elections  until  such  time as it is to be cast and
    33  canvassed.  Absentee ballots cast by voters pursuant to section 8-414 of
    34  this chapter shall be transmitted by the county board of elections where
    35  such ballot was cast to the board  of  elections  where  such  voter  is
    36  registered  to  vote  to  be canvassed with other affidavit and absentee
    37  ballots for the election district wherein the voter resides.
    38    § 7. This act shall take effect on the one hundred eightieth day after
    39  it shall have become  a  law.    Effective  immediately,  the  board  of
    40  elections  is authorized to promulgate such rules and regulations neces-
    41  sary for the further implementation of this act on its effective date.
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