S T A T E   O F   N E W   Y O R K
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                                  5531--A
                                                         Cal. No. 176
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Election Law -- ordered to a third  reading,  amended
   and ordered reprinted, retaining its place on the order of third read-
   ing

 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:
 
   Section 1. Section 6-124 of the election law, as  amended  by  chapter
 876 of the laws of 1977, is amended to read as follows:
   §  6-124.  Conventions;  judicial.  1.  A judicial district convention
 shall be constituted by the election at the preceding primary of  deleg-
 ates and alternate delegates, if any, from each assembly district or, if
 an  assembly  district shall contain all or part of two or more counties
 and if the rules of the party shall so provide, separately from the part
 of such assembly district contained within each such county. The  number
 of delegates and alternates, if any, shall be determined by party rules,
 but  the  number  of delegates shall be substantially in accordance with
 the ratio, which the number of votes cast for the  party  candidate  for
 the  office  of governor, on the line or column of the party at the last
 preceding election for such office, in any unit of representation, bears
 to the total vote cast at such election for such candidate on such  line
 or  column  in  the  entire  state.  The  number  of alternates from any
 district shall not exceed the number of delegates therefrom.  The deleg-
 ates certified to have been elected as such, in the manner  provided  in
 this  chapter, shall be conclusively entitled to their seats, rights and
 votes as delegates to such convention. When a duly elected delegate does
 not attend the convention, his place shall be taken by one of the alter-
 nates, if any, to be substituted in his place, in the order of the  vote
 received  by each such alternate as such vote appears upon the certified
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09710-02-2
 A. 5531--A                          2
 
 list and if an equal number of votes were cast  for  two  or  more  such
 alternates;  the  order  in  which  such alternates shall be substituted
 shall be determined by lot forthwith upon the convening of  the  conven-
 tion.  If  there  shall  have  been no contested election for alternate,
 substitution shall be in the order in which the name of  such  alternate
 appears  upon  the  certified list, and if no alternates shall have been
 elected or if no alternates appear at such convention, then  the  deleg-
 ates  present  from  the  same district shall elect a person to fill the
 vacancy.
   2. NOTWITHSTANDING SUBDIVISION  ONE  OF  THIS  SECTION  OR  ANY  OTHER
 PROVISION  OF  LAW,  RULE  OR  REGULATION  TO THE CONTRARY, WHERE A DULY
 ELECTED DELEGATE MAY NOT ATTEND THE CONVENTION DUE TO THE STATE DISASTER
 OF EMERGENCY DUE TO NOVEL CORONAVIRUS, COVID-19, SUCH  DELEGATE'S  PLACE
 SHALL NOT BE SUBSTITUTED BY AN ALTERNATE AND INSTEAD SUCH DELEGATE SHALL
 BE ENTITLED TO VOTE BY PROXY.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2022.