Senate Bill S8120A

                                
 
BILL NUMBER: S8120     Revised 3/27/20

SPONSOR: METZGER
 
TITLE OF BILL:

An act relating to the establishment of voting by mail in the case of a
natural disaster or state of emergency

 
PURPOSE OF THE BILL:

This bill provides for an alternative to in-person voting in the case of
a state of emergency, such as a disease outbreak or natural disaster.

 
SUMMARY OF PROVISIONS:

Section 1 amends the unconsolidated law to require the State Board of
Elections to create a plan by May 1, 2020, for the establishment and use
of voting by mail for elections in the case of a natural disaster or
state of emergency.

Section 2 establishes the effective date.
              

 
JUSTIFICATION:

In the face of the COVID-19 outbreak, the health and safety of poll
workers and citizens may require an alternative process for voting that
greatly reduces the number of people casting their votes at physical
polls without sacrificing voter participation. The state's current
absentee ballot system, in which voters must apply to the Board of
Elections in order to receive a ballot in the mail, is cumbersome and
could lead to a substantial drop in voter participation if relied upon
for elections during a prolonged state of emergency. In a vote-by-mail
system, all eligible voters receive ballots by mail and vote by mailing
their ballot to the Board of Elections, depositing their ballot at
designated locations, or, as applicable, by voting at a polling center.

This bill would require the Board of Elections to create a plan for the
use of a vote-by-mail election system during a time of emergency, such
as a disease outbreak or natural disaster. Such a plan must be in place
by May 1, 2020, in order to be a viable option for the June 2020 prima-
ries.

A vote-by-mail system is used in such states as Colorado, Oregon, and
Washington for all elections, and has a demonstrated track record of
success in achieving a high level of voter turnout. Planning must begin
now in New York to implement such a system in the event of a sustained
state of emergency to ensure the continued and regular exercise of
democracy in this state.

New York has a vested interest in the continuity of government, accom-
plished in part through a timely and routine election system.  The State
Constitution itself vests the Legislature with the power to ensure the
continued operation of the government and the election of government
officials.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.