Jacobson, Carroll, Buchwald, Otis, Simon, Griffin, Lupardo, Galef, Rosenthal L
MLTSPNSR
Amd 8-400, El L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10833
SPONSOR: Rules (Dinowitz) 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 Election Law § 8-400 (1)(b) to include within the defi-
nition 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 spread-
ing 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 during a pandemic.
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.
