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).
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and be deemed repealed December 31, 2020.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.
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.