Bill Text: NY S08197 | 2019-2020 | General Assembly | Introduced
Bill Title: Permits all qualified voters to vote as absentee voters during a state disaster emergency; provides for the automatic mailing of absentee ballots to all qualified voters during a state disaster emergency.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Introduced - Dead) 2020-04-13 - REFERRED TO ELECTIONS [S08197 Detail]
Download: New_York-2019-S08197-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8197 IN SENATE April 13, 2020 ___________ Introduced by Sens. KENNEDY, ADDABBO, BENJAMIN, BRESLIN, BROOKS, HOYL- MAN, JACKSON, KAPLAN, KRUEGER, LIU, MAYER, MONTGOMERY, PARKER, SERRA- NO, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to permitting all quali- fied voters to vote as absentee voters during a state disaster emer- gency and providing for the automatic mailing of absentee ballots during a state disaster emergency The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 8-400 of the election law is amended by adding a 2 new subdivision 1-a to read as follows: 3 1-a. Notwithstanding any provision of law to the contrary, a qualified 4 voter may vote as an absentee voter under this chapter if any village 5 election conducted by the board of elections, primary election, special 6 election, general election or New York city community school board 7 district or city of Buffalo school district election occurs during a 8 state disaster emergency, as defined in section twenty of the executive 9 law. 10 § 2. Section 8-406 of the election law, as amended by chapter 296 of 11 the laws of 1988, is amended to read as follows: 12 § 8-406. Absentee ballots, delivery of. 1. If the board shall find 13 that the applicant is a qualified voter of the election district 14 containing his residence as stated in his statement and that his state- 15 ment is sufficient, it shall, as soon as practicable after it shall have 16 determined his right thereto, mail to him at an address designated by 17 him, or deliver to him, or to any person designated for such purpose in 18 writing by him, at the office of the board, such an absentee voter's 19 ballot or set of ballots and an envelope therefor. If the ballot or 20 ballots are to be sent outside of the United States to a country other 21 than Canada or Mexico, such ballot or ballots shall be sent by air mail. 22 However, if an applicant who is eligible for an absentee ballot is a 23 resident of a facility operated or licensed by, or under the jurisdic- 24 tion of, the department of mental hygiene, or a resident of a facility EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16159-01-0S. 8197 2 1 defined as a nursing home or residential health care facility pursuant 2 to subdivisions two and three of section two thousand eight hundred one 3 of the public health law, or a resident of a hospital or other facility 4 operated by the Veteran's Administration of the United States, such 5 absentee ballot need not be so mailed or delivered to any such applicant 6 but, may be delivered to the voter in the manner prescribed by section 7 8-407 of this [chapter] title if such facility is located in the county 8 or city in which such voter is eligible to vote. 9 2. (a) Notwithstanding any provision of law to the contrary, during a 10 state disaster emergency, as defined in section twenty of the executive 11 law, the board of elections for all counties or cities shall mail an 12 absentee ballot to every registered and qualified voter residing in such 13 county or city. Such absentee ballot shall be mailed to every registered 14 and qualified voter at the address given on his or her registration 15 records, or at an address specified by such voter pursuant to paragraph 16 (c) of this subdivision, no later than thirty days before the scheduled 17 election is to be held. 18 (b) In the case of a primary election, the board shall deliver only 19 the ballot of the party in which the records of the board of elections 20 show the absentee voter to be enrolled. In the event a primary election 21 is uncontested in the absentee voters election district for all offices 22 or positions except the party position of member of the ward, town, city 23 or county committee, no ballot shall be delivered to such absentee voter 24 for such election; and the absentee voter shall be advised why he or she 25 is not being sent a ballot. 26 (c) Any voter, upon application, may request that their absentee 27 ballot be mailed to them at an address other than their permanent 28 address, if he or she expects to be absent from the county or city of 29 residence and unable to obtain their absentee ballot. 30 § 3. This act shall take effect immediately.