S T A T E O F N E W Y O R K
________________________________________________________________________
5346
2019-2020 Regular Sessions
I N A S S E M B L Y
February 11, 2019
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Introduced by M. of A. TITUS -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to enacting the "disaster
voting relief act of 2019"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "disaster voting relief act of 2019".
§ 2. The election law is amended by adding a new section 3-109 to
read as follows:
§ 3-109. DISASTER; GOVERNOR MAY SUSPEND OR DELAY VOTING. 1. THE GOVER-
NOR MAY, UPON ISSUANCE OF AN EXECUTIVE ORDER DECLARING A STATE OF EMER-
GENCY OR UPON THE ISSUANCE OF A FEDERAL DISASTER DECLARATION SUSPEND OR
DELAY AN ELECTION IN SUCH MUNICIPALITY.
2. IF A DELAY OR SUSPENSION IS AUTHORIZED BY THE GOVERNOR, THE DELAYED
VOTING SHALL RESUME OR BE RESCHEDULED AS SOON AS PRACTICABLE PURSUANT TO
THE PROCEDURES OUTLINED IN SECTION 3-108 OF THIS TITLE. THE STATE BOARD
OF ELECTIONS SHALL PROMULGATE SUCH RULES AND REGULATIONS TO FURTHER
EFFECTUATE THE PROVISIONS OF THIS SECTION.
§ 3. The election law is amended by adding a new section 8-414 to read
as follows:
§ 8-414. PERSONS ENTITLED TO VOTE ABSENTEE WHEN AN EMERGENCY IS
DECLARED. UPON ISSUANCE OF AN EXECUTIVE ORDER DECLARING A STATE OF EMER-
GENCY OR UPON THE ISSUANCE OF A FEDERAL DISASTER DECLARATION WITHIN
FOURTEEN DAYS OF AN ELECTION ANY QUALIFIED VOTER WHOSE POLLING LOCATION
IS WITHIN THE AREA AFFECTED BY SUCH DECLARATION MAY VOTE AS AN ABSENTEE
VOTER NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER.
§ 4. Section 8-302 of the election law is amended by adding a new
subdivision 6 to read as follows:
6. UPON THE GOVERNOR'S ISSUANCE OF AN EXECUTIVE ORDER DECLARING A
STATE OF EMERGENCY PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05859-02-9
A. 5346 2
OR UPON THE ISSUANCE OF A FEDERAL DISASTER DECLARATION A VOTER SEEKING
TO VOTE BY AFFIDAVIT NEED NOT AFFIRM THAT SUCH VOTER IS DULY REGISTERED
IN THE ELECTION DISTRICT IN WHICH SUCH VOTER SEEKS TO CAST AN AFFIDAVIT
BALLOT IF SUCH VOTER IS REGISTERED TO VOTE WITHIN THE COUNTY FOR WHICH
SUCH DECLARATION HAS BEEN ISSUED.
§ 5. Paragraph (a) of subdivision 2 of section 9-209 of the election
law is amended by adding a new subparagraph (iv) to read as follows:
(IV) NOTWITHSTANDING SUBPARAGRAPH (III) OF THIS PARAGRAPH, THE BOARD
OF ELECTIONS FOR THE COUNTY IN WHICH SUCH VOTER RESIDES SHALL CAST AND
CANVASS SUCH BALLOT, IF IT DETERMINES THAT SUCH VOTER WAS ENTITLED TO
VOTE REGARDLESS OF THE FACT THAT THE VOTER MAY HAVE APPEARED IN THE
INCORRECT POLLING LOCATION DUE TO THE DECLARATION OF A STATE OF EMERGEN-
CY. SUCH BALLOT SHALL NOT BE CAST AND CANVASSED FOR SUCH CONTEST FOR
WHICH THE PERSON WAS NOT ENTITLED TO VOTE AT SUCH ELECTION.
§ 6. The opening paragraph of section 9-209 of the election law, as
separately amended by chapters 3 and 6 of the laws of 2019, is amended
to read as follows:
Before completing the canvass of votes cast in any primary, general,
special, or other election at which voters are required to sign their
registration poll records before voting, the board of elections shall
proceed in the manner hereinafter prescribed to cast and canvass any
absentee, military, special presidential, special federal or other
special ballots and any ballots voted by voters who moved within the
state after registering, voters who are in inactive status, voters whose
registration was incorrectly transferred to another address even though
they did not move, voters whose registration poll records were missing
on the day of such election, voters who have not had their identity
previously verified and voters whose registration poll records did not
show them to be enrolled in the party in which they claimed to be
enrolled and voters incorrectly identified as having already voted. Each
such ballot shall be retained in the original envelope containing the
voter's affidavit and signature, in which it is delivered to the board
of elections until such time as it is to be cast and canvassed. ABSEN-
TEE BALLOTS CAST BY VOTERS PURSUANT TO SECTION 8-414 OF THIS CHAPTER
SHALL BE TRANSMITTED BY THE COUNTY BOARD OF ELECTIONS WHERE SUCH BALLOT
WAS CAST TO THE BOARD OF ELECTIONS WHERE SUCH VOTER IS REGISTERED TO
VOTE TO BE CANVASSED WITH OTHER AFFIDAVIT AND ABSENTEE BALLOTS FOR THE
ELECTION DISTRICT WHEREIN THE VOTER RESIDES.
§ 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, the amendments to the
opening paragraph of section 9-209 of the election law made by section
six of this act shall take effect on the same date and in the same
manner as chapter 3 of the laws of 2019 takes effect. Effective imme-
diately, the board of elections is authorized to promulgate such rules
and regulations necessary for the further implementation of this act on
its effective date.