S T A T E O F N E W Y O R K
________________________________________________________________________
10169--A
I N A S S E M B L Y
March 24, 2020
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Election Law -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to permitting absentee
voting in the event of an imminent, impending or urgent threat result-
ing from a disease outbreak; and providing for the repeal of such
provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 8-400 of the election law, as
amended by chapter 63 of the laws of 2010 and paragraph (c) as amended
by chapter 375 of the laws of 2015, is amended to read as follows:
1. A qualified voter may vote as an absentee voter under this chapter
if, on the occurrence of any village election conducted by the board of
elections, primary election, special election, general election or New
York city community school board district or city of Buffalo school
district election, he or she expects to be:
(a) absent from the county of his or her residence, or, if a resident
of the city of New York absent from said city; or
(b) unable to appear personally at the polling place of the election
district in which he or she is a qualified voter because of illness or
physical disability or duties related to the primary care of one or more
individuals who are ill or physically disabled, or because he or she
will be or is a patient in a hospital; or
(c) a resident or patient of a veterans health administration hospi-
tal; or
(d) absent from his or her voting residence because he or she is
detained in jail awaiting action by a grand jury or awaiting trial, or
confined in jail or prison after a conviction for an offense other than
a felony, provided that he or she is qualified to vote in the election
district of his or her residence[.]; OR
(E) UNABLE OR AVERSE TO APPEAR PERSONALLY AT THE POLLING PLACE OF THE
ELECTION DISTRICT IN WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE OF AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15784-02-0
A. 10169--A 2
IMMINENT, IMPENDING OR URGENT THREAT RESULTING FROM A DISEASE OUTBREAK,
INCLUDING, BUT NOT LIMITED TO, THE CORONAVIRUS DISEASE 2019 (COVID-19).
§ 2. Paragraph (c) of subdivision 3 of section 8-400 of the election
law, as amended by chapter 63 of the laws of 2010, subparagraph (iii) as
amended by chapter 375 of the laws of 2015, is amended to read as
follows:
(c) A statement, as appropriate, that on the day of such election the
applicant expects in good faith to be in one of the following catego-
ries:
(i) absent from the county of his or her residence, or if a resident
of the city of New York absent from said city; provided, however, if the
applicant expects to be absent from such county or city for a duration
covering more than one election and seeks an absentee ballot for each
election, he or she shall state the dates when he or she expects to
begin and end such absence; or
(ii) unable to appear at a polling place because of illness or phys-
ical disability or duties related to the primary care of one or more
individuals who are ill or physically disabled; or
(iii) a resident or patient of a veterans health administration hospi-
tal; or
(iv) detained in jail awaiting action by a grand jury or awaiting
trial or confined in jail or prison after a conviction for an offense
other than a felony and stating the place where he or she is so detained
or confined[.]; OR
(V) UNABLE OR AVERSE TO APPEAR PERSONALLY AT THE POLLING PLACE OF THE
ELECTION DISTRICT IN WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE OF AN
IMMINENT, IMPENDING OR URGENT THREAT RESULTING FROM A DISEASE OUTBREAK,
INCLUDING, BUT NOT LIMITED TO, THE CORONAVIRUS DISEASE 2019 (COVID-19).
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2020.