The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10169--A

                          I N  A S S E M B L Y

                             March 24, 2020
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee  on  Election  Law  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the election law, in  relation  to  permitting  absentee
  voting in the event of an imminent, impending or urgent threat result-
  ing  from  a  disease  outbreak;  and providing for the repeal of such
  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.  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:
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15784-02-0

A. 10169--A                         2

IMMINENT, IMPENDING OR URGENT THREAT RESULTING FROM A DISEASE  OUTBREAK,
INCLUDING, BUT NOT LIMITED TO, THE CORONAVIRUS DISEASE 2019 (COVID-19).
  §  2.  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).
  § 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed December 31, 2020.