NY State Senate Bill 2023-S8195

Archive: Last Bill Status - In Senate Committee Elections Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2024	referred to elections

2023-S8195 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §§3-109 & 8-416, amd §§8-302 & 9-209, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5235
2015-2016: S4947
2017-2018: S3873
2019-2020: S2799
2021-2022: S5702
2025-2026: S5182

2023-S8195 (ACTIVE) - Summary

Enacts the Disaster Voting Relief Act; provides for temporary voting procedures in a state of emergency.

2023-S8195 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8195

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to enacting the "disaster
voting relief act of 2024"

 
PURPOSE:

This bill would ensure that registered voters are given an opportunity
to cast their votes when a natural or manmade disaster has affected
their polling sites.

 
SUMMARY OF PROVISIONS:

Section one of this bill titles the bill the "Disaster Voting Relief_
Act of 2021."

Section two of the bill would add section 3-109 to the election law,
authorizing the Governor to delay or suspend an election in an affected
municipality upon declaration of a state of emergency or a federal

disaster declaration. This section also provides for the resumption or
rescheduling of an election delayed or suspended in accordance with this
provision, pursuant to rules and regulations promulgated by the State
Board of Elections.

Section three of this bill would add section 8-414 to the election law,
allowing residents to vote by absentee ballot if their polling place is
located in an area affected. by an executive order declaring a state of
emergency or a federal disaster declaration. Such declaration must be
made within 14 days of the election.

Section four of the bill would amend election law section. 8-302 by
adding a new subdivision six, waiving the requirement of an affidavit
voter to affirm that he or she is registered to vote within the election
district where the poll site is located, provided that the voter is
registered to vote in the same county as the poll site upon declaration
of a state of emergency or a federal disaster declaration.

Section five of the bill would amend paragraph (a) of subdivision 2 of
section 9-209 of the election law to make it clear that a voter
displaced due to a disaster shall have his or her vote counted notwith-
standing the fact that they did not appear at the correct polling
location. Such affidavit ballots would only be cast for those contests
for which the person was eligible to vote at the polling location where
he or she appeared. ballots cast by voters pursuant to now section 414
to be transmitted to the board of elections in the voter's home county
where they shall be canvassed.

 
JUSTIFICATION:

This bill would help necessitate the franchise for New York citizens who
have been displaced from their homes due to an emergency or disaster.
Over the past several years, we have seen firsthand how voters in our
state have been disenfranchised due to natural disasters that have
occurred near an election. This is unacceptable and as a state we must
ensure this important right is maintained in the face of such horrific

unacceptable and as a state we ensure this important right natural or
manmade acts.

 
LEGISLATIVE HISTORY:

S5702 2022

S 3873 COMRIE Same as A 4368 Titus

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become a
law. Effective immediately the board of elections is authorized to
promulgate such rules and regulations necessary for the further imple-
mentation of this at on its effective date.

2023-S8195 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8195
 
                             I N  S E N A T E
 
                             January 12, 2024
                                ___________
 
 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 2024"
 
   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 2024".
   § 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 8-416 to read
 as follows:
   §  8-416.  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04337-02-4
 S. 8195                             2
 
 BALLOT IF SUCH VOTER IS REGISTERED TO VOTE WITHIN THE COUNTY  FOR  WHICH
 SUCH DECLARATION HAS BEEN ISSUED.
   §  5.  The  opening paragraph of section 9-209 of the election law, as
 separately amended by chapters 479 and 481  of  the  laws  of  2023,  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 review, cast and canvass
 early mail, any absentee, military, special presidential, special feder-
 al or other special ballots and any ballots cast in affidavit envelopes,
 including ballots cast by voters pursuant to section 8-604 of this chap-
 ter. 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 reviewed, in
 order to be cast and canvassed. ABSENTEE BALLOTS CAST BY VOTERS PURSUANT
 TO SECTION 8-416 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  AFFI-
 DAVIT  AND  ABSENTEE BALLOTS FOR THE ELECTION DISTRICT WHEREIN THE VOTER
 RESIDES.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S8195

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

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2023-S8195 (ACTIVE) - Details

2023-S8195 (ACTIVE) - Summary

2023-S8195 (ACTIVE) - Sponsor Memo

2023-S8195 (ACTIVE) - Bill Text download pdf

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

2023-S8195 (ACTIVE) - Details

2023-S8195 (ACTIVE) - Summary

2023-S8195 (ACTIVE) - Sponsor Memo

2023-S8195 (ACTIVE) - Bill Text download pdf

Comments