- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A04333 Summary:
BILL NO | A04333 |
  | |
SAME AS | SAME AS S05804 |
  | |
SPONSOR | Abinanti |
  | |
COSPNSR | |
  | |
MLTSPNSR | |
  | |
Amd §3-108, El L | |
  | |
Authorizes additional days of voting as a result of emergencies; includes state of emergency. |
A04333 Actions:
BILL NO | A04333 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
02/01/2021 | referred to election law | |||||||||||||||||||||||||||||||||||||||||||||||||
01/05/2022 | referred to election law | |||||||||||||||||||||||||||||||||||||||||||||||||
05/10/2022 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
05/16/2022 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
05/16/2022 | rules report cal.183 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/16/2022 | ordered to third reading rules cal.183 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/18/2022 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/18/2022 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/18/2022 | REFERRED TO ELECTIONS |
A04333 Committee Votes:
Heastie | Excused | Barclay | Nay | ||||||
Gottfried | Aye | Hawley | Nay | ||||||
Nolan | Aye | Giglio | Nay | ||||||
Weinstein | Excused | Blankenbush | Nay | ||||||
Pretlow | Aye | Norris | Nay | ||||||
Cook | Aye | Montesano | Nay | ||||||
Glick | Aye | Ra | Nay | ||||||
Aubry | Aye | Brabenec | Nay | ||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Paulin | Aye | ||||||||
Peoples-Stokes | Excused | ||||||||
Benedetto | Excused | ||||||||
Lavine | Aye | ||||||||
Lupardo | Aye | ||||||||
Zebrowski | Aye | ||||||||
Thiele | Aye | ||||||||
Braunstein | Aye | ||||||||
Dickens | Excused | ||||||||
Davila | Aye | ||||||||
Hyndman | Aye | ||||||||
Walker | Aye | Norris | Nay | ||||||
Galef | Aye | Brabenec | Nay | ||||||
Dinowitz | Aye | Mikulin | Nay | ||||||
Carroll | Aye | Tague | Nay | ||||||
Taylor | Aye | ||||||||
Jacobson | Aye | ||||||||
Sillitti | Aye | ||||||||
Mamdani | Aye | ||||||||
Burgos | Aye | ||||||||
Gallagher | Aye | ||||||||
Rivera | Aye | ||||||||
Go to top
A04333 Floor Votes:
ER
Abbate
Yes
Clark
No
Friend
Yes
Kelles
Yes
Otis
No
Simpson
Yes
Abinanti
Yes
Colton
Yes
Frontus
Yes
Kim
No
Palmesano
No
Smith
Yes
Anderson
Yes
Conrad
Yes
Galef
No
Lalor
Yes
Paulin
No
Smullen
No
Angelino
Yes
Cook
Yes
Gallagher
Yes
Lavine
Yes
Peoples-Stokes
Yes
Solages
No
Ashby
Yes
Cruz
No
Gallahan
No
Lawler
Yes
Pheffer Amato
Yes
Steck
No
Aubry
Yes
Cunningham
No
Gandolfo
No
Lemondes
Yes
Pretlow
Yes
Stern
No
Barclay
Yes
Cusick
Yes
Gibbs
Yes
Lucas
ER
Quart
Yes
Stirpe
No
Barnwell
Yes
Cymbrowitz
No
Giglio JA
Yes
Lunsford
No
Ra
No
Tague
Yes
Barrett
Yes
Darling
No
Giglio JM
Yes
Lupardo
Yes
Rajkumar
No
Tannousis
Yes
Benedetto
Yes
Davila
Yes
Glick
Yes
Magnarelli
Yes
Ramos
Yes
Tapia
Yes
Bichotte Hermel
Yes
De Los Santos
Yes
Gonzalez-Rojas
Yes
Mamdani
No
Reilly
Yes
Taylor
No
Blankenbush
No
DeStefano
No
Goodell
No
Manktelow
Yes
Reyes
Yes
Thiele
No
Brabenec
No
Dickens
Yes
Gottfried
Yes
McDonald
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
ER
Dilan
Yes
Griffin
No
McDonough
Yes
Rivera JD
No
Walczyk
Yes
Bronson
Yes
Dinowitz
No
Gunther
Yes
McMahon
Yes
Rosenthal D
Yes
Walker
No
Brown E
No
DiPietro
No
Hawley
Yes
Meeks
Yes
Rosenthal L
ER
Wallace
No
Brown K
No
Durso
Yes
Hevesi
No
Mikulin
Yes
Rozic
No
Walsh
Yes
Burdick
Yes
Eichenstein
Yes
Hunter
No
Miller
No
Salka
Yes
Weinstein
Yes
Burgos
Yes
Englebright
Yes
Hyndman
Yes
Mitaynes
No
Santabarbara
Yes
Weprin
ER
Burke
Yes
Epstein
Yes
Jackson
ER
Montesano
Yes
Sayegh
Yes
Williams
No
Buttenschon
Yes
Fahy
Yes
Jacobson
No
Morinello
No
Schmitt
No
Woerner
No
Byrne
Yes
Fall
Yes
Jean-Pierre
Yes
Niou
Yes
Seawright
Yes
Zebrowski
No
Byrnes
Yes
Fernandez
No
Jensen
Yes
Nolan
ER
Septimo
Yes
Zinerman
Yes
Cahill
No
Fitzpatrick
No
Jones
No
Norris
Yes
Sillitti
Yes
Mr. Speaker
Yes
Carroll
Yes
Forrest
Yes
Joyner
Yes
O'Donnell
Yes
Simon
‡ Indicates voting via videoconference
A04333 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 4333 2021-2022 Regular Sessions IN ASSEMBLY February 1, 2021 ___________ Introduced by M. of A. ABINANTI -- read once and referred to the Commit- tee on Election Law AN ACT to amend the election law, in relation to additional days of voting as a result of emergencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known as the "emergency response restora- 2 tion of the electoral process act". 3 § 2. Legislative Declaration. The legislature finds there is a need 4 for an orderly process known in advance to remedy disruptions to the 5 electoral calendar created by emergency circumstances. Because the elec- 6 toral machinery in a democracy is so important it must not be disturbed 7 or delayed lightly. Only the most exigent of circumstances can justify 8 resorting to the remedies provided by this act. 9 § 3. Section 3-108 of the election law, subdivision 5 as added by 10 chapter 394 of the laws of 2008, is amended to read as follows: 11 § 3-108. Disaster; additional day for voting. 1. A county board of 12 elections, or the state board of elections with respect to an election 13 conducted in a district in the jurisdiction of more than one county 14 board of elections, may determine that, as the direct consequence of a 15 fire, earthquake, tornado, explosion, power failure, act of sabotage, 16 enemy attack or other disaster[, less than twenty-five per centum of the17registered voters of any city, town or village, or if the city of New18York, or any county therein, actually voted in any general election] or 19 state of emergency, the ability of voters to vote has become, or will 20 imminently become, impossible and such impossibility cannot be mitigated 21 during the scheduled course of voting. Such a determination by a county 22 board of elections shall be subject to approval by the state board of 23 elections. If the state board of elections makes such a determination, 24 it shall notify the [board] boards of elections having jurisdiction [in25that county] over that election that an additional day of election shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00914-01-1A. 4333 2 1 be held, which notice shall show: the nature of the disaster; the coun- 2 ty, city, town or village affected thereby; the number of persons duly 3 registered to vote therein at such [general] election; and the number of 4 persons who voted therein at such [general] election. 5 2. The county board of elections, or the state board of elections, as 6 applicable, shall thereafter set a date for an additional day for voting 7 in the county, city, town or village affected by the statement, which 8 shall not be more than twenty days after the original date of the 9 [general] election and shall determine the hours during which the polls 10 shall remain open on such additional day for voting; provided, however, 11 that in any event the polls shall remain open for not less than eleven 12 hours. [The] Each county board of elections having jurisdiction over 13 such election shall [publish notice thereof not less than twice in each14week preceding the date for the additional day for voting, in] notify 15 newspapers as designated in this chapter[, and] in the week preceding 16 the date of the additional day of voting. Such notice shall be provided 17 to all media outlets and county, town, city and village clerks and 18 municipal attorneys not less than one week preceding the date of the 19 additional day of voting and shall be posted on the board's website as 20 soon as possible. To the extent practicable, the board shall notify all 21 registered voters by mail. Such notice shall also direct attention to 22 any change of polling places and shall contain such other and additional 23 information as in the judgment of the board of elections shall be neces- 24 sary and proper. 25 3. Official ballots shall be provided at public expense at each poll- 26 ing place for such additional day of election. In any election district 27 in which voting machines were used upon the original day of voting, they 28 shall be used for the additional day for voting. The [original seal] 29 security seals on such machines shall not be removed nor shall the 30 machines be unlocked until the opening of the polls on the additional 31 day for voting and the board of elections shall provide [an] additional 32 [seal] security seals to be used as soon as the polls are closed on such 33 day. 34 4. Only those persons duly registered to vote upon the original date 35 of the [general] election who did not vote on such date shall be enti- 36 tled to vote on the additional day for voting. Voting on the additional 37 day provided for in this section shall be accomplished solely by phys- 38 ically appearing at the polling place and nothing contained in this 39 section shall be construed to extend the time set by law for casting or 40 canvassing a special, military, absentee, special federal or special 41 presidential ballot; provided, however, that nothing contained herein 42 shall be deemed to invalidate any special, military, absentee, [mili-43tary] special federal or special presidential ballot duly received on 44 the original date of the [general] election. 45 5. (a) A county board of elections, or the state board of elections 46 with respect to an election conducted in a political subdivision in the 47 jurisdiction of more than one county board of elections, may determine 48 that, as the direct consequence of a fire, earthquake, tornado, explo- 49 sion, power failure, act of sabotage, enemy attack or other disaster or 50 state of emergency, the ability to make a filing with respect to any 51 provision of this chapter was substantially impaired. Upon making such a 52 finding, a county board of elections, or the state board of elections 53 shall extend for a reasonable time the period for making such filing. An 54 extension granted pursuant to this subdivision [granted by a county55board of elections] shall not be [subject to the approval of the stateA. 4333 3 1board of elections if such extension is] longer than [one] two business 2 [day] days. 3 (b) A county board of elections, or the state board of elections with 4 respect to an election conducted in a political subdivision in the 5 jurisdiction of more than one county board of elections, may determine 6 that, as the direct consequence of a fire, earthquake, tornado, explo- 7 sion, power failure, act of sabotage, enemy attack or other disaster or 8 state of emergency, the ability to convene a party caucus on the date 9 scheduled for such caucus and make the required filings for the purpose 10 of nominating one or more candidates was substantially impaired. Upon 11 making such a finding, a county board of elections, or the state board 12 of elections, shall postpone for a reasonable time the date of said 13 party caucus and required filings. An extension granted pursuant to this 14 subdivision shall not be longer than one week from the date of the 15 originally-scheduled party caucus. 16 (c) If an extension is granted pursuant to this subdivision by the 17 state board of elections, such board shall notify the respective county 18 boards of elections of such extension and post such notice on its 19 website. 20 (d) The county board of elections shall immediately notify media 21 outlets of the extensions provided pursuant to this section, post such 22 notice to its website and, to the extent practicable for the extension 23 of a party caucus, post such notice at the location of the originally- 24 scheduled caucus. The county board of elections shall also provide writ- 25 ten notice to all appropriate county, town, city and village clerks and 26 municipal attorneys. 27 § 4. This act shall take effect immediately.