Bill Text: NY S08352 | 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 2-0)

Status: (Introduced - Dead) 2020-05-19 - REFERRED TO ELECTIONS [S08352 Detail]

Download: New_York-2019-S08352-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8352

                    IN SENATE

                                      May 19, 2020
                                       ___________

        Introduced  by Sen. STAVISKY -- 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 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

        S. 8352                             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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