Senate Bill S5702

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5702
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 enacting the  "disaster
   voting relief act of 2021"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Short title.  This act shall be known and may be cited  as
 the "disaster voting relief act of 2021".
   §  2.    The  election law is amended by adding a new section 3-109 to
 read as follows:
   § 3-109. DISASTER; GOVERNOR MAY SUSPEND OR DELAY VOTING. 1. THE GOVER-
 NOR MAY, UPON ISSUANCE OF AN EXECUTIVE ORDER DECLARING A STATE OF  EMER-
 GENCY  OR UPON THE ISSUANCE OF A FEDERAL DISASTER DECLARATION SUSPEND OR
 DELAY AN ELECTION IN SUCH MUNICIPALITY.
   2. IF A DELAY OR SUSPENSION IS AUTHORIZED BY THE GOVERNOR, THE DELAYED
 VOTING SHALL RESUME OR BE RESCHEDULED AS SOON AS PRACTICABLE PURSUANT TO
 THE PROCEDURES OUTLINED IN SECTION 3-108 OF THIS TITLE. THE STATE  BOARD
 OF  ELECTIONS  SHALL  PROMULGATE  SUCH  RULES AND REGULATIONS TO FURTHER
 EFFECTUATE THE PROVISIONS OF THIS SECTION.
   § 3. The election law is amended by adding a new section 8-414 to read
 as follows:
   § 8-414. PERSONS ENTITLED  TO  VOTE  ABSENTEE  WHEN  AN  EMERGENCY  IS
 DECLARED. UPON ISSUANCE OF AN EXECUTIVE ORDER DECLARING A STATE OF EMER-
 GENCY  OR  UPON  THE  ISSUANCE  OF A FEDERAL DISASTER DECLARATION WITHIN
 FOURTEEN DAYS OF AN ELECTION ANY QUALIFIED VOTER WHOSE POLLING  LOCATION
 IS  WITHIN THE AREA AFFECTED BY SUCH DECLARATION MAY VOTE AS AN ABSENTEE
 VOTER NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER.
   § 4. Section 8-302 of the election law is  amended  by  adding  a  new
 subdivision 6 to read as follows:
   6.  UPON  THE  GOVERNOR'S  ISSUANCE  OF AN EXECUTIVE ORDER DECLARING A
 STATE OF EMERGENCY PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10052-01-1

 S. 5702                             2
 
 OR UPON THE ISSUANCE OF A FEDERAL DISASTER DECLARATION A  VOTER  SEEKING
 TO  VOTE BY AFFIDAVIT NEED NOT AFFIRM THAT SUCH VOTER IS DULY REGISTERED
 IN THE ELECTION DISTRICT IN WHICH SUCH VOTER SEEKS TO CAST AN  AFFIDAVIT
 BALLOT  IF  SUCH VOTER IS REGISTERED TO VOTE WITHIN THE COUNTY FOR WHICH
 SUCH DECLARATION HAS BEEN ISSUED.
   § 5. Paragraph (a) of subdivision 2 of section 9-209 of  the  election
 law is amended by adding a new subparagraph (viii) to read as follows:
   (VIII) NOTWITHSTANDING SUBPARAGRAPH (III) OF THIS PARAGRAPH, THE BOARD
 OF  ELECTIONS  FOR THE COUNTY IN WHICH SUCH VOTER RESIDES SHALL CAST AND
 CANVASS SUCH BALLOT, IF IT DETERMINES THAT SUCH VOTER  WAS  ENTITLED  TO
 VOTE  REGARDLESS    OF  THE FACT THAT THE VOTER MAY HAVE APPEARED IN THE
 INCORRECT POLLING LOCATION DUE TO THE DECLARATION OF A STATE OF EMERGEN-
 CY. SUCH BALLOT SHALL NOT BE CAST AND CANVASSED  FOR  SUCH  CONTEST  FOR
 WHICH THE PERSON WAS NOT ENTITLED TO VOTE AT SUCH ELECTION.
   §  6.  The  opening paragraph of section 9-209 of the election law, as
 amended by section 4 of part CCC of chapter 55 of the laws of  2019,  is
 amended to read as follows:
   Before  completing  the canvass of votes cast in any primary, general,
 special, or other election at which voters are required  to  sign  their
 registration  poll  records  before voting, the board of elections shall
 proceed in the manner hereinafter prescribed to  cast  and  canvass  any
 absentee,  military,  special  presidential,  special  federal  or other
 special ballots and any ballots voted by voters  who  moved  within  the
 state after registering, voters who are in inactive status, voters whose
 registration  was incorrectly transferred to another address even though
 they did not move, voters whose registration poll records  were  missing
 on  the  day  of  such  election, voters who have not had their identity
 previously verified, voters who submitted a voter registration  applica-
 tion  through  the  electronic voter registration transmittal system but
 did not provide the required exemplar signature, and voters whose regis-
 tration poll records did not show them to be enrolled in  the  party  in
 which  they  claimed to be enrolled and voters incorrectly identified as
 having already voted. Each such ballot shall be retained in the original
 envelope containing the voter's affidavit and signature, in which it  is
 delivered  to the board of elections until such time as it is to be cast
 and canvassed.   ABSENTEE BALLOTS CAST BY  VOTERS  PURSUANT  TO  SECTION
 8-414  OF  THIS  CHAPTER  SHALL  BE  TRANSMITTED  BY THE COUNTY BOARD OF
 ELECTIONS WHERE SUCH BALLOT WAS CAST TO THE  BOARD  OF  ELECTIONS  WHERE
 SUCH  VOTER  IS  REGISTERED TO VOTE TO BE CANVASSED WITH OTHER AFFIDAVIT
 AND ABSENTEE  BALLOTS  FOR  THE  ELECTION  DISTRICT  WHEREIN  THE  VOTER
 RESIDES.
   § 7. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law provided, however, that if part CCC of chap-
 ter 55 of the laws of 2019 has not taken effect on or before  such  date
 then  section  six of this act shall take effect on the same date and in
 the same manner as such part.    Effective  immediately,  the  board  of
 elections  is authorized to promulgate such rules and regulations neces-
 sary for the further implementation of this act on its effective date.