Bill Text: NY A10306 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes voting by proxy at a judicial district convention due to novel coronavirus, COVID-19.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-04-15 - referred to election law [A10306 Detail]

Download: New_York-2019-A10306-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10306

                   IN ASSEMBLY

                                     April 15, 2020
                                       ___________

        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Election Law

        AN  ACT  to  amend the election law, in relation to voting by proxy at a
          judicial district convention due to novel coronavirus,  COVID-19;  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. Section 6-124 of the election law, as  amended  by  chapter
     2  876 of the laws of 1977, is amended to read as follows:
     3    §  6-124.  Conventions;  judicial.  1.  A judicial district convention
     4  shall be constituted by the election at the preceding primary of  deleg-
     5  ates and alternate delegates, if any, from each assembly district or, if
     6  an  assembly  district shall contain all or part of two or more counties
     7  and if the rules of the party shall so provide, separately from the part
     8  of such assembly district contained within each such county. The  number
     9  of delegates and alternates, if any, shall be determined by party rules,
    10  but  the  number  of delegates shall be substantially in accordance with
    11  the ratio, which the number of votes cast for the  party  candidate  for
    12  the  office  of governor, on the line or column of the party at the last
    13  preceding election for such office, in any unit of representation, bears
    14  to the total vote cast at such election for such candidate on such  line
    15  or  column  in  the  entire  state.  The  number  of alternates from any
    16  district shall not exceed the number of delegates therefrom.  The deleg-
    17  ates certified to have been elected as such, in the manner  provided  in
    18  this  chapter, shall be conclusively entitled to their seats, rights and
    19  votes as delegates to such convention. When a duly elected delegate does
    20  not attend the convention, his place shall be taken by one of the alter-
    21  nates, if any, to be substituted in his place, in the order of the  vote
    22  received  by each such alternate as such vote appears upon the certified
    23  list and if an equal number of votes were cast  for  two  or  more  such
    24  alternates;  the  order  in  which  such alternates shall be substituted
    25  shall be determined by lot forthwith upon the convening of  the  conven-
    26  tion.  If  there  shall  have  been no contested election for alternate,
    27  substitution shall be in the order in which the name of  such  alternate

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16076-01-0

        A. 10306                            2

     1  appears  upon  the  certified list, and if no alternates shall have been
     2  elected or if no alternates appear at such convention, then  the  deleg-
     3  ates  present  from  the  same district shall elect a person to fill the
     4  vacancy.
     5    2.  Notwithstanding  subdivision  one  of  this  section  or any other
     6  provision of law, rule or regulation  to  the  contrary,  where  a  duly
     7  elected delegate may not attend the convention due to the state disaster
     8  of  emergency  due to novel coronavirus, COVID-19, such delegate's place
     9  shall not be substituted by an alternate and instead such delegate shall
    10  be entitled to vote by proxy.
    11    § 2. This act shall take effect immediately and shall  expire  and  be
    12  deemed repealed December 31, 2020.
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