NY State Senate Bill S8131

Current Bill Status - In Senate Committee Elections Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 24, 2020	referred to elections

Co-Sponsors

S8131 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §8-407, El L

S8131 (ACTIVE) - Summary

Relates to requiring board of inspectors be employees of certain facilities; requires board of inspectors be employees of nursing homes, residential health care facilities, facilities operated or licensed, or under the jurisdiction of, the department of mental hygiene or hospitals or facilities operated by the Veteran's Administration of the United States.

S8131 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8131

SPONSOR: MAY
 
TITLE OF BILL:  An act to amend the election law, in relation to
requiring board of inspectors be employees of certain facilities; and
providing for the repeal of such provisions upon the expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill allows employees of nursing homes and other types of health
care facilities referenced in section 8-407 in the election law to serve
as poll worker inspectors, and requires administrators of such nursing
homes and health care facilities to assist the inspectors in discharging
their duties such as making space available. If any facility does not
comply, every resident of such nursing home or health care facility must
be permitted to vote by absentee ballot.  Current law only permits
inspectors to be regular employees of the board of elections.

 
SUMMARY OF PROVISIONS:

Section 1: This bill authorizes any employees of any facility referenced

in subdivision one of section 8-407 in the Election Law, which includes
nursing homes and other health care facilities, to be poll inspectors.

This bill further requires such facilities to assist in the discharge
the inspectors' duties including making space within the facility avail-
able that is suitable for the discharge of the duties of an inspector.

This bill additionally provides that if a facility is to refuse to
comply with this section, every resident of such facility who has
applies for an absentee ballot or is eligible to vote by absentee ballot
will be mailed a ballot by the board of elections.

Section 2: This act takes effect immediately but will be deemed repealed
on December 31, 2020.

 
JUSTIFICATION:

Due to concerns regarding the COVID-19 pandemic, elections procedure
must better accommodate individuals wishing to vote safely. Protocol at
nursing homes and health facilities make it challenging to maintain
current law which permits poll inspectors employed by the board of
elections to attend such facilities in order to dispense absentee
ballots. This bill would allow employees of the nursing homes and facil-
ities to step into the role of poll worker inspector as to not endanger
its residents by allowing outside board of election employees to come
in. The health facility employees would be permitted to provide absentee
ballots to its residents. If a facility does not comply with this, the
board of elections will be permitted to mail the absentee ballots so
that residents at the nursing home or other health facility will not be
disenfranchised.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

TBD
 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed December 31, 2020.

S8131 (ACTIVE) - Bill Text download pdf


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

                                  8131

                            I N  S E N A T E

                             March 24, 2020
                               ___________

Introduced  by  Sen.  MAY  --  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  requiring  board  of
  inspectors  be  employees of certain facilities; 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.  Subdivisions  2, 5 and 7 of section 8-407 of the election
law, as added by chapter 296 of the laws of 1988, are amended and a  new
subdivision 7-a is added to read as follows:
  2.  Such  a  board  of  elections shall appoint, in the same manner as
other inspectors, one or more bi-partisan  boards  of  inspectors,  each
composed of two such inspectors[. Such inspectors may be regular employ-
ees  of  such board of elections] WHO SHALL BE EMPLOYEES OF ANY FACILITY
REFERENCED IN SUBDIVISION ONE OF THIS SECTION.
  5. The board of elections shall deliver to each  board  of  inspectors
all the absentee ballots in the custody of such board of elections which
are addressed to residents of the facilities which such board of inspec-
tors  is  [assigned  to  attend]  EMPLOYED AT, together with one or more
portable voting booths  of  a  type  approved  by  the  state  board  of
elections  and  such  other  supplies  as  such board of inspectors will
require to discharge its duties properly.
  7. It shall be the duty of each such superintendent, administrator  or
director  to assist the board of inspectors [attending] AT such facility
in the discharge of its duties, including, but  not  limited  to  making
available  to  such board of inspectors space within such facility suit-
able for the discharge of its duties.
  7-A. IN THE EVENT A FACILITY REFUSES TO COMPLY WITH THIS  SECTION  THE
BOARD  OF ELECTIONS MAY MAIL A BALLOT TO EVERY RESIDENT OF SUCH FACILITY
WHO HAS APPLIED FOR AN ABSENTEE BALLOT OR IS ELIGIBLE TO VOTE BY  ABSEN-
TEE BALLOT.
  §  2.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, 2020.

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

                                                           LBD15872-02-0

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The New York State Senate

senate Bill S8131

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

Your Voice

Actions

Co-Sponsors

S8131 (ACTIVE) - Details

S8131 (ACTIVE) - Summary

S8131 (ACTIVE) - Sponsor Memo

S8131 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8131

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Sponsored By

Rachel May

Current Bill Status - In Senate Committee Elections Committee

Your Voice

Actions

Co-Sponsors

Andrew Gounardes

S8131 (ACTIVE) - Details

S8131 (ACTIVE) - Summary

S8131 (ACTIVE) - Sponsor Memo

S8131 (ACTIVE) - Bill Text download pdf

Comments