A10169 Summary:

BILL NOA10169A
 
SAME ASNo Same As
 
SPONSORDinowitz
 
COSPNSRButtenschon, Fahy, Mosley, Barron, Abinanti, Frontus, Gottfried, Cahill, Seawright, Jacobson, Griffin, Galef, McDonald, Englebright, Thiele, Stern, Arroyo, Paulin, Rosenthal L
 
MLTSPNSR
 
Amd 8-400, El L
 
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).
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A10169 Actions:

BILL NOA10169A
 
03/24/2020referred to election law
05/28/2020amend and recommit to election law
05/28/2020print number 10169a
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A10169 Committee Votes:

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A10169 Floor Votes:

There are no votes for this bill in this legislative session.
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A10169 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10169A
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the election law, in relation to permitting absentee voting in the event of an imminent, impending or urgent threat resulting from a disease outbreak; and providing for the repeal of such provisions upon the expiration thereof   PURPOSE OR GENERAL IDEA OF BILL:: This bill would temporarily authorize absentee voting to New Yorkers who are unable or averse to appear personally at polling sites due to an imminent, impending, or urgent threat resulting from a disease outbreak, including but not limited to the coronavirus disease 2019 (COVID-19).   SUMMARY OF SPECIFIC PROVISIONS:: Section one adds a new paragraph (e) to subdivision 1 of section 8-400 of the election law to authorize a qualified voter to vote as an absen- tee voter when they are unable or averse to appear personally at polling places due to imminent, impending or urgent disease outbreak, including but not limited to the coronavirus disease 2019 (COVID-19). Section two adds a new paragraph (c) to subdivision 3 of section 8-400 of the election law to modify the information required in each instance on the statement for the application for an absentee ballot to include a provision for voters that are unable or averse to appear personally at polling places due to imminent, impending or urgent disease outbreak, including but not limited to the coronavirus disease 2019 (COVID-19). Section three: This act shall take effect immediately and shall expire and be deemed repealed December 31, 2020.   JUSTIFICATION:: On December 1st, 2019 the first confirmed case of COVID-19, which had never before been found in humans, was detected in Wuhan, China. Since then, cases have been confirmed in sixty other nations, including the United States, and thousands have died. The federal government has taken unprecedented action by suspending the entry of foreign nationals who have been in both China and Iran and by appropriating $8.3 billion of aid to fight the spread of the virus. Earlier in March, members of the Assembly and Senate passed a bill that was signed by the Governor which appropriated $40 million to address the outbreak in New York. The situation has been declared a public health emergency by the US Centers for Disease Control. In New York State there are already 33 confirmed cases of COVID-19 causing schools and businesses to close. This bill would allow voters to safely participate in the upcoming state and federal elections, as well as special elections, by tempo- rarily allowing absentee voting amidst the coronavirus disease outbreak. Currently, a qualified voter may only request an absentee ballot due to specified reasons, including travel outside the country and illness. This bill would amend the Election Law to authorize qualified voters (until December 31, 2020) to utilize absentee voting because of an immi- nent, impending or urgent threat resulting from a disease outbreak, including the coronavirus. This bill has been amended to change the sunset date from July 1, 2020 to December 31, 2020, to capture the November general election. There is still a great deal of uncertainty regarding how long the COVID-19 pandemic will last and how long it will take to develop a vaccine. Even if the pandemic is reduced to a lower rate of infection by November, voters may still wish to avoid crowded polling places as a precaution. This bill would allow for that option through the end of 2020. The impact of the coronavirus has spread across many sectors of everyday life. With this bill we can ensure that the outbreak will not affect our fundamental right to vote and participate in the democratic process.   LEGISLATIVE HISTORY:: This is a new bill.   FISCAL IMPLICATIONS:: Undetermined.   EFFECTIVE DATE:: This act shall take immediately and shall expire and be deemed repealed December 31, 2020.
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A10169 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        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.
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