Jacobson, Carroll, Buchwald, Otis, Simon, Griffin, Lupardo, Galef, Rosenthal L
MLTSPNSR
Amd 8-400, El L
Authorizes absentee voting; defines the term "illness" for the purposes of absentee voting to include instances where a voter is unable to appear personally at the polling place of the election district in which they are a qualified voter because there is a risk of contracting or spreading a disease causing illness to the voter or to other members of the public.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10833
SPONSOR: Rules (Dinowitz) TITLE OF BILL:
An act to amend the election law, in relation to absentee voting; and
providing for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
To allow voters who are concerned about voting in-person due to an
epidemic or disease outbreak to request an absentee ballot.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Election Law § 8-400 (1)(b) to include within the defi-
nition of "illness" instances where a voter who is unable to appear
personally at the polling place of the election district in which they
are a qualified voter because there is a risk of contracting or spread-
ing a disease-causing illness to the voter or to other members of the
public.
Section 2 sets forth the effective date.
JUSTIFICATION:
Currently, New York's law only allows an individual to request an absen-
tee ballot if they a) will be absent from their county of residence or
New York City on the day of the election, b) are unable to appear at the
polling place due to illness, physical disability, or care-taking
responsibilities for someone who is ill or disabled, c) are a resident
or patient at a veteran health administration hospital, or d) are
currently being held in jail. These restrictive criteria do not accommo-
date people who are concerned about the risk voting in-person would pose
to their own or other's health during a pandemic.
Individuals, especially those who are high-risk, should be given the
tools to take extra precautions to navigate the coronavirus pandemic.
According to the CDC, older people and people with existing health
conditions, like heart disease, lung disease, or diabetes, are at great-
er risk of serious illness if they contract COVID-19. High-risk individ-
uals who are trying to limit their potential exposure or other's expo-
sure to the virus should not have to decide between protecting their
health or exercising their civic duty. Similarly, individuals who are
preventively quarantined should still be able to participate in our
elections.
By redefining "illness," this piece of legislation will allow New York-
ers to request an absentee ballot if they are unable to appear
personally at their polling place due to an epidemic or disease
outbreak. This will ensure that all New Yorkers can feel comfortable
participating in New York's upcoming primary and general elections.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately and shall expire and be deemed repealed January 1, 2022.
STATE OF NEW YORK
________________________________________________________________________
10833
IN ASSEMBLY
July 19, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) --
read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to absentee voting; and
providing for the repeal of such provisions upon 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, paragraph (c) as amended by
3 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, provided that, for purposes of
16 this paragraph, "illness" shall include, but not be limited to,
17 instances where a voter is unable to appear personally at the polling
18 place of the election district in which they are a qualified voter
19 because there is a risk of contracting or spreading a disease that may
20 cause illness to the voter or to other members of the public; or
21 (c) a resident or patient of a veterans health administration hospi-
22 tal; or
23 (d) absent from his or her voting residence because he or she is
24 detained in jail awaiting action by a grand jury or awaiting trial, or
25 confined in jail or prison after a conviction for an offense other than
26 a felony, provided that he or she is qualified to vote in the election
27 district of his or her residence.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15746-15-0
A. 10833 2
1 § 2. This act shall take effect immediately and shall expire and be
2 deemed repealed January 1, 2022.
