Senate Bill S8352

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8352
 
                             I N  S E N A T E
 
                               May 19, 2020
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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 voting by  proxy  at  a
   judicial  district  convention due to novel coronavirus, COVID-19; and
   providing for the repeal of such provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  6-124 of the election law, as amended by chapter
 876 of the laws of 1977, is amended to read as follows:
   § 6-124. Conventions; judicial.  1.  A  judicial  district  convention
 shall  be constituted by the election at the preceding primary of deleg-
 ates and alternate delegates, if any, from each assembly district or, if
 an assembly district shall contain all or part of two or  more  counties
 and if the rules of the party shall so provide, separately from the part
 of  such assembly district contained within each such county. The number
 of delegates and alternates, if any, shall be determined by party rules,
 but the number of delegates shall be substantially  in  accordance  with
 the  ratio,  which  the number of votes cast for the party candidate for
 the office of governor, on the line or column of the party at  the  last
 preceding election for such office, in any unit of representation, bears
 to  the total vote cast at such election for such candidate on such line
 or column in the  entire  state.  The  number  of  alternates  from  any
 district shall not exceed the number of delegates therefrom.  The deleg-
 ates  certified  to have been elected as such, in the manner provided in
 this chapter, shall be conclusively entitled to their seats, rights  and
 votes as delegates to such convention. When a duly elected delegate does
 not attend the convention, his place shall be taken by one of the alter-
 nates,  if any, to be substituted in his place, in the order of the vote
 received by each such alternate as such vote appears upon the  certified
 list  and  if  an  equal  number of votes were cast for two or more such
 alternates; the order in which  such  alternates  shall  be  substituted
 shall  be  determined by lot forthwith upon the convening of the conven-
 tion. If there shall have been  no  contested  election  for  alternate,
 substitution  shall  be in the order in which the name of such alternate
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16076-01-0

 S. 8352                             2
 
 appears upon the certified list, and if no alternates  shall  have  been
 elected  or  if no alternates appear at such convention, then the deleg-
 ates present from the same district shall elect a  person  to  fill  the
 vacancy.
   2.  NOTWITHSTANDING  SUBDIVISION  ONE  OF  THIS  SECTION  OR ANY OTHER
 PROVISION OF LAW, RULE OR REGULATION  TO  THE  CONTRARY,  WHERE  A  DULY
 ELECTED DELEGATE MAY NOT ATTEND THE CONVENTION DUE TO THE STATE DISASTER
 OF  EMERGENCY  DUE TO NOVEL CORONAVIRUS, COVID-19, SUCH DELEGATE'S PLACE
 SHALL NOT BE SUBSTITUTED BY AN ALTERNATE AND INSTEAD SUCH DELEGATE SHALL
 BE ENTITLED TO VOTE BY PROXY.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, 2020.