A10227 Summary:

BILL NOA10227
 
SAME ASNo Same As
 
SPONSORDinowitz
 
COSPNSRSimon, Carroll, Stern, Thiele
 
MLTSPNSREnglebright
 
Amd 8-100, 8-400 & 7-102, El L
 
Relates to moving the date of the presidential primary to June 23, 2020; permits absentee voting in the event of an imminent, impending or urgent threat resulting from a disease outbreak; removes certain presidential candidates and their delegates from primary ballot where the candidate has suspended their campaigns or removed themselves from consideration for election to such office.
Go to top    

A10227 Actions:

BILL NOA10227
 
03/27/2020referred to election law
Go to top

A10227 Committee Votes:

Go to top

A10227 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A10227 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10227
 
                   IN ASSEMBLY
 
                                     March 27, 2020
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Election Law
 
        AN  ACT to amend the election law, in relation to moving the date of the
          presidential primary; permitting absentee voting in the  event  of  an
          imminent,   impending  or  urgent  threat  resulting  from  a  disease
          outbreak; removing certain presidential candidates and their delegates
          from  primary  ballots;  and  providing  for  the  repeal  of  certain
          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. Paragraph (a) of subdivision 1  of  section  8-100  of  the
     2  election  law, as amended by chapter 290 of the laws of 2019, is amended
     3  to read as follows:
     4    (a) A primary election shall be held on the  fourth  Tuesday  in  June
     5  before  every general election unless otherwise changed by an act of the
     6  legislature.  Members of the state and county  committees  and  assembly
     7  district  leaders  and  associate  district  leaders and all other party
     8  positions to be elected shall be elected at such primary and  all  nomi-
     9  nations  for  public office required to be made at a primary election in
    10  such year shall be made at such primary. In the year two thousand twenty
    11  in which electors of president and vice president of the  United  States
    12  are  to  be  elected  an additional primary election, to be known as the
    13  presidential primary, shall be held on [April twenty-eight]  June  twen-
    14  ty-third,  two thousand twenty unless otherwise changed by an act of the
    15  legislature, for the purpose of electing delegates and alternate  deleg-
    16  ates to the national convention.
    17    § 2. Subdivision 1 of section 8-400 of the election law, as amended by
    18  chapter  63  of the laws of 2010 and paragraph (c) as amended by chapter
    19  375 of the laws of 2015, is amended to read as follows:
    20    1. A qualified voter may vote as an absentee voter under this  chapter
    21  if,  on the occurrence of any village election conducted by the board of
    22  elections, primary election, special election, general election  or  New
    23  York  city  community  school  board  district or city of Buffalo school
    24  district election, he or she expects to be:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16027-02-0

        A. 10227                            2
 
     1    (a) absent from the county of his or her residence, or, if a  resident
     2  of the city of New York absent from said city; or
     3    (b)  unable  to appear personally at the polling place of the election
     4  district in which he or she is a qualified voter because of  illness  or
     5  physical disability or duties related to the primary care of one or more
     6  individuals  who  are  ill  or physically disabled, or because he or she
     7  will be or is a patient in a hospital; or
     8    (c) a resident or patient of a veterans health  administration  hospi-
     9  tal; or
    10    (d)  absent  from  his  or  her  voting residence because he or she is
    11  detained in jail awaiting action by a grand jury or awaiting  trial,  or
    12  confined  in jail or prison after a conviction for an offense other than
    13  a felony, provided that he or she is qualified to vote in  the  election
    14  district of his or her residence[.]; or
    15    (e)  unable or averse to appear personally at the polling place of the
    16  election district in which he or she is a qualified voter because of  an
    17  imminent,  impending or urgent threat resulting from a disease outbreak,
    18  including, but not limited to, the coronavirus disease 2019 (COVID-19).
    19    § 3. Paragraph (c) of subdivision 3 of section 8-400 of  the  election
    20  law, as amended by chapter 63 of the laws of 2010, subparagraph (iii) as
    21  amended  by  chapter  375  of  the  laws  of 2015, is amended to read as
    22  follows:
    23    (c) A statement, as appropriate, that on the day of such election  the
    24  applicant  expects  in  good faith to be in one of the following catego-
    25  ries:
    26    (i) absent from the county of his or her residence, or if  a  resident
    27  of the city of New York absent from said city; provided, however, if the
    28  applicant  expects  to be absent from such county or city for a duration
    29  covering more than one election and seeks an absentee  ballot  for  each
    30  election,  he  or  she  shall  state the dates when he or she expects to
    31  begin and end such absence; or
    32    (ii) unable to appear at a polling place because of illness  or  phys-
    33  ical  disability  or  duties  related to the primary care of one or more
    34  individuals who are ill or physically disabled; or
    35    (iii) a resident or patient of a veterans health administration hospi-
    36  tal; or
    37    (iv) detained in jail awaiting action by  a  grand  jury  or  awaiting
    38  trial  or  confined  in jail or prison after a conviction for an offense
    39  other than a felony and stating the place where he or she is so detained
    40  or confined[.]; or
    41    (v) unable or averse to appear personally at the polling place of  the
    42  election  district in which he or she is a qualified voter because of an
    43  imminent, impending or urgent threat resulting from a disease  outbreak,
    44  including, but not limited to, the coronavirus disease 2019 (COVID-19).
    45    § 4. Subdivision 1 of section 7-102 of the election law, as amended by
    46  chapter 219 of the laws of 1992, is amended to read as follows:
    47    1.  The names of all candidates and the form of submission of all duly
    48  certified ballot proposals shall be printed  upon  the  official  ballot
    49  except  that  at  a  primary  election,  no ballot proposals or names of
    50  candidates for uncontested offices or party positions shall  be  printed
    51  upon the official ballot; provided, however, that for a primary election
    52  for  the  office of president of the United States, the ballot shall not
    53  contain:
    54    (a) the names of previous candidates who have publicly suspended their
    55  campaigns or removed themselves from consideration for election to  such
    56  office at least thirty days before such primary election; or

        A. 10227                            3
 
     1    (b)  the delegates and alternate delegates to a national party conven-
     2  tion or national party conference associated with  candidates  who  have
     3  publicly  suspended their campaigns or removed themselves from consider-
     4  ation for election to such office  at  least  thirty  days  before  such
     5  primary election.
     6    § 5. This act shall take effect immediately and sections one, two, and
     7  three  of this act expire and be deemed repealed July 1, 2020; provided,
     8  however, the amendments to paragraph (a) of  subdivision  1  of  section
     9  8-100  of  the  election  law  made by section one of this act shall not
    10  affect the expiration of such paragraph and shall be  deemed  to  expire
    11  therewith.
Go to top