S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10227
 
                           I N  A S S E M B L Y
 
                              March 27, 2020
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT to amend the election law, in relation to moving the date of the
   presidential primary; permitting absentee voting in the  event  of  an
   imminent,   impending  or  urgent  threat  resulting  from  a  disease
   outbreak; removing certain presidential candidates and their delegates
   from  primary  ballots;  and  providing  for  the  repeal  of  certain
   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. Paragraph (a) of subdivision 1  of  section  8-100  of  the
 election  law, as amended by chapter 290 of the laws of 2019, is amended
 to read as follows:
   (a) A primary election shall be held on the  fourth  Tuesday  in  June
 before  every general election unless otherwise changed by an act of the
 legislature.  Members of the state and county  committees  and  assembly
 district  leaders  and  associate  district  leaders and all other party
 positions to be elected shall be elected at such primary and  all  nomi-
 nations  for  public office required to be made at a primary election in
 such year shall be made at such primary. In the year two thousand twenty
 in which electors of president and vice president of the  United  States
 are  to  be  elected  an additional primary election, to be known as the
 presidential primary, shall be held on [April twenty-eight]  JUNE  TWEN-
 TY-THIRD,  two thousand twenty unless otherwise changed by an act of the
 legislature, for the purpose of electing delegates and alternate  deleg-
 ates to the national convention.
   § 2. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16027-02-0

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   (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
 IMMINENT,  IMPENDING OR URGENT THREAT RESULTING FROM A DISEASE OUTBREAK,
 INCLUDING, BUT NOT LIMITED TO, THE CORONAVIRUS DISEASE 2019 (COVID-19).
   § 3. 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).
   § 4. Subdivision 1 of section 7-102 of the election law, as amended by
 chapter 219 of the laws of 1992, is amended to read as follows:
   1.  The names of all candidates and the form of submission of all duly
 certified ballot proposals shall be printed  upon  the  official  ballot
 except  that  at  a  primary  election,  no ballot proposals or names of
 candidates for uncontested offices or party positions shall  be  printed
 upon the official ballot; PROVIDED, HOWEVER, THAT FOR A PRIMARY ELECTION
 FOR  THE  OFFICE OF PRESIDENT OF THE UNITED STATES, THE BALLOT SHALL NOT
 CONTAIN:
   (A) THE NAMES OF PREVIOUS CANDIDATES WHO HAVE PUBLICLY SUSPENDED THEIR
 CAMPAIGNS OR REMOVED THEMSELVES FROM CONSIDERATION FOR ELECTION TO  SUCH
 OFFICE AT LEAST THIRTY DAYS BEFORE SUCH PRIMARY ELECTION; OR

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   (B)  THE DELEGATES AND ALTERNATE DELEGATES TO A NATIONAL PARTY CONVEN-
 TION OR NATIONAL PARTY CONFERENCE ASSOCIATED WITH  CANDIDATES  WHO  HAVE
 PUBLICLY  SUSPENDED THEIR CAMPAIGNS OR REMOVED THEMSELVES FROM CONSIDER-
 ATION FOR ELECTION TO SUCH OFFICE  AT  LEAST  THIRTY  DAYS  BEFORE  SUCH
 PRIMARY ELECTION.
   § 5. This act shall take effect immediately and sections one, two, and
 three  of this act expire and be deemed repealed July 1, 2020; provided,
 however, the amendments to paragraph (a) of  subdivision  1  of  section
 8-100  of  the  election  law  made by section one of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith.