NY State Senate Bill 2019-S8015D

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 20, 2020	approval memo.4 signed chap.139
Aug 10, 2020	delivered to governor
Jul 23, 2020	returned to senate passed assembly ordered to third reading rules cal.350 substituted for a10833
Jul 22, 2020	referred to ways and means delivered to assembly passed senate ordered to third reading cal.894
Jul 21, 2020	reported and committed to rules
Jul 16, 2020	print number 8015d
Jul 16, 2020	amend (t) and recommit to elections
Jul 15, 2020	print number 8015c
Jul 15, 2020	amend and recommit to elections
May 21, 2020	print number 8015b
May 21, 2020	amend and recommit to elections
Mar 24, 2020	print number 8015a
Mar 24, 2020	amend (t) and recommit to elections
Mar 09, 2020	referred to elections

Votes

- Jul 22, 2020 - Floor Vote
  S8015D
  
  Aye
  
  42
  
  Nay
  
  18
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jul 22, 2020
      
      aye (42)
      
      Addabbo Jr.
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      LaValle
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  Jul 22, 2020 - Rules Committee Vote
  S8015D
  
  Aye
  
  13
  
  Nay
  
  6
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: Jul 22, 2020
      
      aye (13)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (6)
      
      Griffo
      
      LaValle
      
      Lanza
      
      Ortt
      
      Robach
      
      Seward
  Jul 21, 2020 - Elections Committee Vote
  S8015D
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Elections Committee Vote: Jul 21, 2020
      
      aye (5)
      
      Kavanagh
      
      May
      
      Mayer
      
      Myrie
      
      Salazar
      
      nay (2)
      
      Funke
      
      Ritchie

Bill Amendments

Original

D (Active)

co-Sponsors

View additional co-sponsors

2019-S8015 - Details

See Assembly Version of this Bill:: A10833
Law Section:: Election Law
Laws Affected:: Amd §8-400, El L

2019-S8015 - Summary

Authorizes absentee voting; defines the term "illness" for the purposes of absentee voting to include instances where a voter is unable to appear personally at the polling place of the election district in which they are a qualified voter because there is a risk of contracting or spreading a disease causing illness to the voter or to other members of the public.

2019-S8015 - Sponsor Memo

                                
 
BILL NUMBER: S8015

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the election law, in relation to permitting absentee
voting in the event of a public health risk

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow voters who are concerned about voting in-person due to an ongo-
ing public health risk to request an absentee ballot.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 and subdivision 3 of section 8-400 of the
election law to add public risks to the criteria for requesting an
absentee ballot.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Currently, New York's law only allows an individual to request an absen-
tee ballot if they a) will be absent from their county of residence or
New York City on the day of the election, b) are unable to appear at the
polling place due to illness, physical disability, or care-taking
responsibilities for someone who is ill or disabled, c) are a resident
or patient at a veteran health administration hospital, or d) are
currently being held in jail. These restrictive criteria do not accommo-
date people who are concerned about the risk voting in-person would pose
to their own or other's health.

While the risk of COVID-19 to New Yorkers remains low, individuals,
especially those who are high-risk are right to take extra precautions.
According to the CDC, older people and people with existing health
conditions like heart disease, lung disease, or diabetes are at greater
risk of serious illness if they contract COVID-19. High-risk individuals
who are trying to limit their potential exposure or other's exposure to
the virus should not have to decide between protecting their health or
exercising their civic duty. Similarly, individuals who are preventively
quarantined should still be able to participate in our elections.

This legislation will allow New Yorkers to request an absentee ballot if
they are unable to appear personally at their polling place due to a
public health concern that voting in person could expose themselves or
others to that risk. This will ensure that all New Yorkers can feel
comfortable participating in New York's upcoming primary elections in
April and June.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S8015 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8015
 
                             I N  S E N A T E
 
                               March 9, 2020
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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  permitting  absentee
   voting in the event of a public health risk
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 and paragraph (c) of subdivision 3 of section
 8-400 of the election law, subdivision 1 and paragraph (c)  of  subdivi-
 sion  3  as  amended by chapter 63 of the laws of 2010, paragraph (c) of
 subdivision 1 and subparagraph (iii) of paragraph (c) of  subdivision  3
 as  amended  by  chapter 375 of the laws of 2015, are 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  TO APPEAR PERSONALLY AT THE POLLING PLACE OF THE ELECTION
 DISTRICT IN WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE OF THE  CONCERN
 THAT A PUBLIC HEALTH RISK EXISTS AND SUCH APPEARANCE MAY RESULT IN EXPO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15746-03-0

 S. 8015                             2
 
 SURE TO SUCH RISK; OR SUCH PERSON IS CONCERNED THAT VOTING IN PERSON MAY
 EXPOSE OTHER PERSONS TO A PUBLIC HEALTH RISK.
   (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 TO APPEAR PERSONALLY AT THE POLLING PLACE OF  THE  ELECTION
 DISTRICT  IN WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE OF THE CONCERN
 THAT A PUBLIC HEALTH RISK EXISTS AND SUCH APPEARANCE MAY RESULT IN EXPO-
 SURE TO SUCH RISK; OR SUCH PERSON IS CONCERNED THAT VOTING IN PERSON MAY
 EXPOSE OTHER PERSONS TO A PUBLIC HEALTH RISK.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S8015A - Details

See Assembly Version of this Bill:: A10833
Law Section:: Election Law
Laws Affected:: Amd §8-400, El L

2019-S8015A - Summary

2019-S8015A - Sponsor Memo

                                
 
BILL NUMBER: S8015A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the election law, in relation to absentee voting

 
PURPOSE OR GENERAL IDEA OF BILL::

To allow voters who are concerned about voting in-person due to an ongo-
ing public health risk to request an absentee ballot.

 
SUMMARY OF SPECIFIC PROVISIONS::

Section 1 amends subdivision 1 and subdivision 3 of section 8-400 of the
election law to include within the definition of "illness" the spread or
potential spread of any communicable disease during a declared state of
emergency.

Section 2 sets forth the effective date.

 
JUSTIFICATION::

Currently, New York's law only allows an individual to request an absen-
tee ballot if they a) will be absent from their county of residence or
New York City on the day of the election, b) are unable to appear at the
polling place due to illness, physical disability, or care-taking
responsibilities for someone who is ill or disabled, c) are a resident
or patient at a veteran health administration hospital, or d) are
currently being held in jail. These restrictive criteria do not accommo-
date people who are concerned about the risk voting in-person would pose
to their own or other's health.

Individuals, especially those who are high-risk, should be given the
tools to take extra precautions to navigate the coronavirus pandemic.
According to the CDC, older people and people with existing health
conditions like heart disease, lung disease, or diabetes, are at greater
risk of serious illness if they contract COVID-19. High-risk individuals
who are trying to limit their potential exposure or other's exposure to
the virus should not have to decide between protecting their health or
exercising their civic duty.  Similarly, individuals who are preventive-
ly quarantined should still be able to participate in our elections.

By redefining "illness," this piece of legislation will allow New York-
ers to request an absentee ballot if they are unable to appear
personally at their polling place due to a public health concern that
voting in-person could expose themselves or others to that risk. This
will ensure that all New Yorkers can feel comfortable participating in
New York's upcoming primary elections in April and June.

 
PRIOR LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::
Immediately.

2019-S8015A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8015--A
 
                             I N  S E N A T E
 
                               March 9, 2020
                                ___________
 
 Introduced  by  Sens.  BIAGGI,  GOUNARDES,  HARCKHAM, HOYLMAN, KAMINSKY,
   KAPLAN, KRUEGER, MAYER, METZGER, SEPULVEDA -- read twice  and  ordered
   printed,  and  when  printed  to  be  committed  to  the  Committee on
   Elections -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the election law, in relation to absentee voting

   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, 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. FOR PURPOSES OF  THIS  PARAGRAPH,
 THE  TERM  "ILLNESS" SHALL INCLUDE THE SPREAD OR POTENTIAL SPREAD OF ANY
 COMMUNICABLE DISEASE, AT A TIME OF DECLARATION OF A STATE  OF  EMERGENCY
 WITHIN THE JURISDICTION WHERE THE ELECTION IS TAKING PLACE; 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15746-04-0

co-Sponsors

View additional co-sponsors

2019-S8015B - Details

See Assembly Version of this Bill:: A10833
Law Section:: Election Law
Laws Affected:: Amd §8-400, El L

2019-S8015B - Summary

2019-S8015B - Sponsor Memo

                                
 
BILL NUMBER: S8015B

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the election law, in relation to absentee voting

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow voters who are concerned about voting in-person due to an
epidemic or disease outbreak to request an absentee ballot.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1(b) of the election law to include within
the definition of "illness" instances where a voter who, during a decla-
ration of a state disaster emergency related to an epidemic or disease
outbreak declared by the Governor pursuant to section 28 of the Execu-
tive Law, is unable to appear personally at the polling place of the
election district in which they are a qualified voter because there is a
risk of contracting or spreading a disease causing illness to the voter

or to other members of the public.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Currently, New York's law only allows an individual to request an absen-
tee ballot if they a) will be absent from their county of residence or
New York City on the day of the election, b) are unable to appear at the
polling place due to illness, physical disability, or care-taking
responsibilities for someone who is ill or disabled, c) are a resident
or patient at a veteran health administration hospital, or d) are
currently being held in jail. These restrictive criteria do not accommo-
date people who are concerned about the risk voting in-person would pose
to their own or other's health.  Individuals, especially those who are
high-risk, should be given the tools to take extra precautions to navi-
gate the coronavirus pandemic.  According to the CDC, older people and
people with existing health conditions like heart disease, lung disease,
or diabetes, are at greater risk of serious illness if they contract
COVID-19. High-risk individuals who are trying to limit their potential
exposure or other's exposure to the virus should not have to decide
between protecting their health or exercising their civic duty. Similar-
ly, individuals who are preventively quarantined should still be able to
participate in our elections.

By redefining "illness," this piece of legislation will allow New York-
ers to request an absentee ballot if they are unable to appear
personally at their polling place due to an epidemic or disease
outbreak. This will ensure that all New Yorkers can feel comfortable
participating in New York's upcoming primary and general elections.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
Immediately.

2019-S8015B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8015--B
 
                             I N  S E N A T E
 
                               March 9, 2020
                                ___________
 
 Introduced   by  Sens.  BIAGGI,  ADDABBO,  BROOKS,  CARLUCCI,  GAUGHRAN,
   GOUNARDES, HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY,  KAPLAN,  KENNEDY,
   KRUEGER,  MAY,  MAYER, METZGER, MYRIE, PERSAUD, RAMOS, RIVERA, SAVINO,
   SEPULVEDA, SERRANO, STAVISKY, THOMAS -- read twice and ordered  print-
   ed,  and when printed to be committed to the Committee on Elections --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the election law, in relation to absentee voting
 
   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, 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, PROVIDED THAT, FOR PURPOSES OF
 THIS  PARAGRAPH, "ILLNESS" SHALL INCLUDE INSTANCES WHERE  A  VOTER  WHO,
 DURING A DECLARATION OF A STATE DISASTER EMERGENCY RELATED TO AN EPIDEM-
 IC  OR  DISEASE  OUTBREAK  DECLARED  BY THE GOVERNOR PURSUANT TO SECTION
 TWENTY-EIGHT OF THE EXECUTIVE LAW, IS UNABLE TO APPEAR PERSONALLY AT THE
 POLLING PLACE OF THE ELECTION DISTRICT IN WHICH  THEY  ARE  A  QUALIFIED
 VOTER  BECAUSE  THERE  IS  A  RISK OF CONTRACTING OR SPREADING A DISEASE
 CAUSING ILLNESS TO THE VOTER OR TO OTHER MEMBERS OF THE PUBLIC; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15746-07-0

 S. 8015--B                          2
 
   (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.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S8015C - Details

See Assembly Version of this Bill:: A10833
Law Section:: Election Law
Laws Affected:: Amd §8-400, El L

2019-S8015C - Summary

2019-S8015C - Sponsor Memo

                                
 
BILL NUMBER: S8015C

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the election law, in relation to absentee voting

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow voters who are concerned about voting in-person due to an
epidemic or disease outbreak to request an absentee ballot.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1(b) of the election law to include within
the definition of "illness" instances where a voter who is unable to
appear personally at the polling place of the election district in which
they are a qualified voter because there is a risk of contracting or
spreading a disease-causing illness to the voter or to other members of
the public.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Currently, New York's law only allows an individual to request an absen-
tee ballot if they a) will be absent from their county of residence or
New York City on the day of the election, b) are unable to appear at the
polling place due to illness, physical disability, or care-taking
responsibilities for someone who is ill or disabled, c) are a resident
or patient at a veteran health administration hospital, or d) are
currently being held in jail. These restrictive criteria do not accommo-
date people who are concerned about the risk voting in-person would pose
to their own or other's health.

Individuals, especially those who are high-risk, should be given the
tools to take extra precautions to navigate the coronavirus pandemic.
According to the CDC, older people and people with existing health
conditions, like heart disease, lung disease, or diabetes, are at great-
er risk of serious illness if they contract COVID-19. High-risk individ-
uals who are trying to limit their potential exposure or other's expo-
sure to the virus should not have to decide between protecting their
health or exercising their civic duty. Similarly, individuals who are
preventively quarantined should still be able to participate in our
elections.

By redefining "illness," this piece of legislation will allow New York-
ers to request an absentee ballot if they are unable to appear
personally at their polling place due to an epidemic or disease
outbreak. This will ensure that all New Yorkers can feel comfortable
participating in New York's upcoming primary and general elections.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
Immediately.

2019-S8015C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8015--C
 
                             I N  S E N A T E
 
                               March 9, 2020
                                ___________
 
 Introduced by Sens. BIAGGI, ADDABBO, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
   GIANARIS,  GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON, KAMINSKY, KAPLAN,
   KENNEDY, KRUEGER, MAY, MAYER, METZGER, MYRIE, PERSAUD, RAMOS,  RIVERA,
   SAVINO, SEPULVEDA, SERRANO, STAVISKY, THOMAS -- read twice and ordered
   printed,  and  when  printed  to  be  committed  to  the  Committee on
   Elections -- committee discharged, bill amended, ordered reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the election law, in relation to absentee voting
 
   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, 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, PROVIDED THAT, FOR PURPOSES OF
 THIS  PARAGRAPH,  "ILLNESS"  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,
 INSTANCES  WHERE  A  VOTER IS UNABLE TO APPEAR PERSONALLY AT THE POLLING
 PLACE OF THE ELECTION DISTRICT IN  WHICH  THEY  ARE  A  QUALIFIED  VOTER
 BECAUSE  THERE  IS A RISK OF CONTRACTING OR SPREADING A DISEASE THAT MAY
 CAUSE ILLNESS TO THE VOTER OR TO OTHER MEMBERS OF THE PUBLIC; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15746-11-0

 S. 8015--C                          2
 
   (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.
   § 2. This act shall take effect immediately.

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2019-S8015D (ACTIVE) - Details

See Assembly Version of this Bill:: A10833
Law Section:: Election Law
Laws Affected:: Amd §8-400, El L

2019-S8015D (ACTIVE) - Summary

2019-S8015D (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8015D

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the election law, in relation to absentee voting; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow voters who are concerned about voting in-person due to an
epidemic or disease outbreak to request an absentee ballot.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1(b) of the election law to include within
the definition of "illness" instances where a voter who is unable to
appear personally at the polling place of the election district in which
they are a qualified voter because there is a risk of contracting or
spreading a disease-causing illness to the voter or to other members of
the public.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Currently, New York's law only allows an individual to request an absen-
tee ballot if they a) will be absent from their county of residence or
New York City on the day of the election, b) are unable to appear at the
polling place due to illness, physical disability, or care-taking
responsibilities for someone who is ill or disabled, c) are a resident
or patient at a veteran health administration hospital, or d) are
currently being held in jail. These restrictive criteria do not accommo-
date people who are concerned about the risk voting in-person would pose
to their own or other's health.

Individuals, especially those who are high-risk, should be given the
tools to take extra precautions to navigate the coronavirus pandemic.
According to the CDC, older people and people with existing health
conditions, like heart disease, lung disease, or diabetes, are at great-
er risk of serious illness if they contract COVID-19. High-risk individ-
uals who are trying to limit their potential exposure or other's expo-
sure to the virus should not have to decide between protecting their
health or exercising their civic duty. Similarly, individuals who are
preventively quarantined should still be able to participate in our
elections.

By redefining "illness," this piece of legislation will allow New York-
ers to request an absentee ballot if they are unable to appear
personally at their polling place due to an epidemic or disease
outbreak. This will ensure that all New Yorkers can feel comfortable
participating in New York's upcoming primary and general elections.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately and shall expire and be deemed repealed January 1, 2022.

2019-S8015D (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8015--D
 
                             I N  S E N A T E
 
                               March 9, 2020
                                ___________
 
 Introduced by Sens. BIAGGI, ADDABBO, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
   GIANARIS,  GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON, KAMINSKY, KAPLAN,
   KENNEDY, KRUEGER, MAY, MAYER, METZGER, MYRIE, PERSAUD, RAMOS,  RIVERA,
   SAVINO, SEPULVEDA, SERRANO, STAVISKY, THOMAS -- read twice and ordered
   printed,  and  when  printed  to  be  committed  to  the  Committee on
   Elections -- committee discharged, bill amended, ordered reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the election law, in relation to  absentee  voting;  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. Subdivision 1 of section 8-400  of  the  election  law,  as
 amended  by  chapter 63 of the laws of 2010, 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, PROVIDED THAT,  FOR  PURPOSES  OF
 THIS  PARAGRAPH,  "ILLNESS"  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,
 INSTANCES WHERE A VOTER IS UNABLE TO APPEAR PERSONALLY  AT  THE  POLLING
 PLACE  OF  THE  ELECTION  DISTRICT  IN  WHICH THEY ARE A QUALIFIED VOTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15746-14-0

 S. 8015--D                          2
 
 BECAUSE THERE IS A RISK OF CONTRACTING OR SPREADING A DISEASE  THAT  MAY
 CAUSE ILLNESS TO THE VOTER OR TO OTHER MEMBERS OF THE PUBLIC; 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.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 1, 2022.

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Senate Bill S8015D

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2019-S8015 - Details

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2019-S8015 - Bill Text download pdf

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2019-S8015A - Details

2019-S8015A - Summary

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2019-S8015B - Details

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2019-S8015C - Details

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2019-S8015C - Bill Text download pdf

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