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).
STATE OF NEW YORK
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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.