Senate Bill S2799

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2799
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sens. COMRIE, ADDABBO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Elections
 
 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.
              

                                                            LBD05859-01-9

 S. 2799                             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
 amended  by  chapter  163  of  the  laws  of 2010, 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
 county or city 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. 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.  ABSENTEE 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.    Effective  immediately,  the  board  of
 elections  is authorized to promulgate such rules and regulations neces-
 sary for the further implementation of this act on its effective date.