Bill Text: NY A10541 | 2021-2022 | General Assembly | Introduced


Bill Title: Allows qualified voters who are primary caregivers of one or more individuals to vote by absentee ballot regardless of whether the individuals cared for are ill or physically disabled.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-07-06 - referred to election law [A10541 Detail]

Download: New_York-2021-A10541-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10541

                   IN ASSEMBLY

                                      July 6, 2022
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Kelles) --
          read once and referred to the Committee on Election Law

        AN ACT to amend the election law,  in  relation  to  allowing  qualified
          voters  who  are primary caregivers of one or more individuals to vote
          by absentee ballot

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (b)  of  subdivision 1 of section 8-400 of the
     2  election law, as amended by chapter 139 of the laws of 2020, is  amended
     3  to read as follows:
     4    (b)  unable  to appear personally at the polling place of the election
     5  district in which he or she is a qualified voter because of  illness  or
     6  physical disability or duties related to the primary care of one or more
     7  individuals  [who  are ill or physically disabled], or because he or she
     8  will be or is a patient in a hospital, provided that,  for  purposes  of
     9  this  paragraph,  "illness"  shall  include,  but  not  be  limited  to,
    10  instances where a voter is unable to appear personally  at  the  polling
    11  place  of  the  election  district  in  which they are a qualified voter
    12  because there is a risk of contracting or spreading a disease  that  may
    13  cause illness to the voter or to other members of the public; or
    14    §  2.  Paragraph (b) of subdivision 1 of section 8-400 of the election
    15  law, as amended by chapter 63 of the laws of 2010, is amended to read as
    16  follows:
    17    (b) unable to appear personally at the polling place of  the  election
    18  district  in  which he or she is a qualified voter because of illness or
    19  physical disability or duties related to the primary care of one or more
    20  individuals [who are ill or physically disabled], or because he  or  she
    21  will be or is a patient in a hospital; or
    22    §  3.  Subdivision 1 of section 15-122 of the election law, as amended
    23  by chapter 2 of the laws of 2022, is amended to read as follows:
    24    1. A qualified elector of a village, who, on  the  occurrence  of  any
    25  general  or  special village election, may be within the county of [his]
    26  such elector's residence but unable to appear personally at the  polling
    27  place  in  the  village  of  [his]  such  elector's residence because of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15817-02-2

        A. 10541                            2

     1  illness, physical disability, or duties related to the primary  care  of
     2  one  or more individuals, or confinement either at home or in a hospital
     3  or institution, other than a mental institution may vote as an  absentee
     4  voter  under  this section, provided that, for purposes of this subdivi-
     5  sion, "illness" shall include, but not be limited to, instances where  a
     6  voter  is  unable  to  appear  personally  at  the  polling place of the
     7  election district in which they are a qualified voter because there is a
     8  risk of contracting or spreading a disease that may cause illness to the
     9  voter or to other members of the public.
    10    § 4. Subdivision 1 of section 15-122 of the election law is amended to
    11  read as follows:
    12    1. A qualified elector of a village, who, on  the  occurrence  of  any
    13  general  or  special village election, may be within the county of [his]
    14  such elector's residence but unable to appear personally at the  polling
    15  place  in  the  village  of  [his]  such  elector's residence because of
    16  illness, physical disability, or duties related to the primary  care  of
    17  one  or more individuals, or confinement either at home or in a hospital
    18  or institution, other than a mental institution may vote as an  absentee
    19  voter under this section.
    20    §  5.  This  act  shall take effect immediately and shall apply to all
    21  elections occurring on and after such date; provided, however, that  the
    22  amendments to paragraph (b) of subdivision 1 of section 8-400 and subdi-
    23  vision  1 of section 15-122 of the election law made by sections one and
    24  three of this act shall be subject to the expiration  and  reversion  of
    25  such  subdivisions  pursuant  to  chapter  139  of  the laws of 2020, as
    26  amended, when upon such date the provisions of sections two and four  of
    27  this act shall take effect.
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