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Assembly Bill A10203

2019-2020 Legislative Session

Relates to absentee voting

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Archive: Last Bill Status - Stricken

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Bill Amendments

2019-A10203 - Details

Law Section:
Election Law
Laws Affected:
Amd §8-400, El L

2019-A10203 - Summary

Authorizes absentee voting; defines the term "illness" for the purposes of absentee voting to include the spread or potential spread of any communicable disease, at a time of declaration of a state of emergency within the jurisdiction where the election is taking place.

2019-A10203 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10203
 
                           I N  A S S E M B L Y
 
                              March 24, 2020
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT  to  amend  the election law, in relation to permitting absentee
   voting in the event of a public health risk
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 and paragraph (c) of subdivision 3 of section
 8-400  of  the election law, subdivision 1 and paragraph (c) of subdivi-
 sion 3 as amended by chapter 63 of the laws of 2010,  paragraph  (c)  of
 subdivision  1  and subparagraph (iii) of paragraph (c) of subdivision 3
 as amended by chapter 375 of the laws of 2015, are 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 TO APPEAR PERSONALLY AT THE POLLING PLACE OF  THE  ELECTION
 DISTRICT  IN WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE OF THE CONCERN
 THAT A PUBLIC HEALTH RISK EXISTS AND SUCH APPEARANCE MAY RESULT IN EXPO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2019-A10203A (ACTIVE) - Details

Law Section:
Election Law
Laws Affected:
Amd §8-400, El L

2019-A10203A (ACTIVE) - Summary

Authorizes absentee voting; defines the term "illness" for the purposes of absentee voting to include the spread or potential spread of any communicable disease, at a time of declaration of a state of emergency within the jurisdiction where the election is taking place.

2019-A10203A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10203--A
 
                           I N  A S S E M B L Y
 
                              March 24, 2020
                                ___________
 
 Introduced by M. of A. JACOBSON -- 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 absentee voting
 
   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, 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. FOR PURPOSES OF THIS PARAGRAPH,
 THE TERM "ILLNESS" SHALL INCLUDE THE SPREAD OR POTENTIAL SPREAD  OF  ANY
 COMMUNICABLE  DISEASE,  AT A TIME OF DECLARATION OF A STATE OF EMERGENCY
 WITHIN THE JURISDICTION WHERE THE ELECTION IS TAKING PLACE; 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.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15746-05-0

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