senate Bill S8197

2019-2020 Legislative Session

Relates to permitting all qualified voters to vote as absentee voters during a state disaster emergency and providing for the automatic mailing of absentee ballots during a state disaster emergency

download bill text pdf

Sponsored By

Archive: Last 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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 13, 2020 referred to elections

Co-Sponsors

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S8197 (ACTIVE) - Details

Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §§8-400 & 8-406, El L
Versions Introduced in 2021-2022 Legislative Session:
S3869

S8197 (ACTIVE) - Summary

Permits all qualified voters to vote as absentee voters during a state disaster emergency; provides for the automatic mailing of absentee ballots to all qualified voters during a state disaster emergency.

S8197 (ACTIVE) - Sponsor Memo

S8197 (ACTIVE) - Bill Text download pdf


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

                                  8197

                            I N  S E N A T E

                             April 13, 2020
                               ___________

Introduced  by  Sens. KENNEDY, ADDABBO, BENJAMIN, BRESLIN, BROOKS, HOYL-
  MAN, JACKSON, KAPLAN, KRUEGER, LIU, MAYER, MONTGOMERY, PARKER,  SERRA-
  NO,  SKOUFIS -- 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  all  quali-
  fied  voters  to vote as absentee voters during a state disaster emer-
  gency and providing for the  automatic  mailing  of  absentee  ballots
  during a state disaster emergency

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 8-400 of the election law is amended  by  adding  a
new subdivision 1-a to read as follows:
  1-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A QUALIFIED
VOTER  MAY  VOTE  AS AN ABSENTEE VOTER UNDER THIS CHAPTER IF 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  OCCURS  DURING  A
STATE  DISASTER EMERGENCY, AS DEFINED IN SECTION TWENTY OF THE EXECUTIVE
LAW.
  § 2. Section 8-406 of the election law, as amended by chapter  296  of
the laws of 1988, is amended to read as follows:
  §  8-406.  Absentee  ballots,  delivery of. 1. If the board shall find
that the applicant  is  a  qualified  voter  of  the  election  district
containing  his residence as stated in his statement and that his state-
ment is sufficient, it shall, as soon as practicable after it shall have
determined his right thereto, mail to him at an  address  designated  by
him,  or deliver to him, or to any person designated for such purpose in
writing by him, at the office of the board,  such  an  absentee  voter's
ballot  or  set  of  ballots  and an envelope therefor. If the ballot or
ballots are to be sent outside of the United States to a  country  other
than Canada or Mexico, such ballot or ballots shall be sent by air mail.
However,  if  an  applicant  who is eligible for an absentee ballot is a
resident of a facility operated or licensed by, or under  the  jurisdic-
tion  of,  the department of mental hygiene, or a resident of a facility

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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