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A10207 Summary:

COSPNSRO'Donnell, Benedetto, Braunstein, DenDekker, Dinowitz, Epstein, Lupardo, Ortiz, Otis, Paulin, Rosenthal L, Zebrowski, Galef, Schimminger, Lifton
Establishes that all voting for the April 2020 presidential primary be conducted by absentee ballot; no application for such shall be necessary and the local board of elections shall provide such ballot at least 15 days prior to to April 28, 2020.
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A10207 Actions:

03/24/2020referred to election law
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A10207 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     March 24, 2020
        Introduced  by  M.  of  A.  LENTOL,  O'DONNELL,  BENEDETTO,  BRAUNSTEIN,
          THAL,  ZEBROWSKI, GALEF, SCHIMMINGER, LIFTON -- read once and referred
          to the Committee on Election Law
        AN ACT establishing that all voting  for  the  April  2020  presidential
          primary be conducted by absentee ballot

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings and intent. A crisis exists due to the
     2  outbreak of the novel coronavirus disease  2019  (COVID-19)  which  will
     3  negatively impact and impair the efficient operation of early voting and
     4  election day voting for the presidential primary scheduled for April 28,
     5  2020. Experts and officials have indicated that the COVID-19 outbreak is
     6  likely  to  get worse over the next month and may peak in 45 days at the
     7  same time the  April  2020  presidential  primary  is  scheduled  to  be
     8  conducted.    In response to this crisis and the widespread transmission
     9  of the COVID-19 virus, Governor Cuomo  has  declared  a  state  disaster
    10  emergency in New York, the United States Centers for Disease Control has
    11  declared  a  public health emergency, and President Trump has declared a
    12  national emergency.
    13    The COVID-19 virus is spread  mainly  from  person-to-person  and  the
    14  single  most  effective way to prevent and slow the further transmission
    15  of the virus is to avoid close contact and stay at  least  6  feet  away
    16  from  other  persons.  New York, New Jersey and Connecticut have collec-
    17  tively banned gatherings of more than 50 people and closed bars, restau-
    18  rants and movie theaters. Conducting in-person voting for the April 2020
    19  presidential primary during the height of the  COVID-19  outbreak  would
    20  threaten the health and safety of all New Yorkers. Instead of postponing
    21  presidential  primaries, the Chairman of the Democratic National Commit-
    22  tee has urged states to adopt vote-by-mail provisions.
    23    Therefore, the legislature finds that pursuant to section  twenty-five
    24  of article three of the New York state Constitution, the outbreak of the
    25  COVID-19 virus constitutes a disaster and notwithstanding any inconsist-
    26  ent  provisions  of  section  two  of  article two of the New York state
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10207                            2
     1  Constitution, legislation to provide that all voters  vote  by  absentee
     2  ballot  for  the  April 2020 presidential primary is necessary to insure
     3  the continuity of governmental operations.
     4    §  2.  Notwithstanding  any  other  inconsistent provision of law, all
     5  voting for the April 2020 presidential primary  shall  be  conducted  by
     6  absentee ballot in a manner consistent with the applicable provisions of
     7  the election law. Provided, however, that no application for such absen-
     8  tee  ballot  shall  be necessary and each local board of elections shall
     9  provide such ballot, at least 15 days prior to April 28,  2020,  to  all
    10  enrolled  voters eligible to vote in the April 2020 presidential primary
    11  in the same manner as otherwise provided for in  section  8-400  of  the
    12  election  law. Provided further, however, that absentee ballots received
    13  by the board of elections prior to April 28, 2020,  shall  be  cast  and
    14  canvassed  as  soon  as practicable after receipt in a manner consistent
    15  with the provisions of section 9-209 of the election law.   No  election
    16  results  shall  be  released to the public prior to 9:00 PM on April 28,
    17  2020.
    18    § 3. The state board of elections is authorized  to  promulgate  rules
    19  and  regulations  necessary  for the implementation of the provisions of
    20  this act.
    21    § 4. This act shall take effect immediately.
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