NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3291
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend chapter 139 of the laws of 2020 amending the election
law relating to absentee voting, in relation to the effectiveness there-
of; and to amend chapter 2 of the laws of 2022 amending the election law
relating to absentee voting in village elections, in relation to the
effectiveness thereof
PURPOSE:
This bill would make permanent absentee voting due to the risk of
contracting or spreading a disease.
SUMMARY OF PROVISIONS:
Section one of the bill amends section one of chapter 2 of the laws of
2022 amending section two of chapter 139 of the laws of 2020 to remove
the expiration and repealing provision from the effective date from
legislation which included within the definition of "illness" as it
relates to absentee voting in 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
spreading a disease-causing illness to the voter or to other members of
the public.
Section two of the bill amends section four of chapter 2 of the laws of
2022 to remove the expiration and repealing provision from the effective
date from legislation which included within the definition of "illness"
as it relates to absentee voting in village elections in 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 spreading a disease-causing illness to the voter
or to other members of the public.
Section three of the bill provides the effective date.
JUSTIFICATION:
COVID-19 is still a risk and reminded us how lethal contagious diseases
can be. Voters should never have to choose between their health and
their right to participate in our democracy. While the ballot measure
that would have permanently allowed no-excuse absentee voting was voted
down in November 2021, this legislation only makes permanent provisions
which have allowed voters to cast their ballot when there is a risk of
contracting or spreading a disease that may cause illness to the voter
or to other members of the public, which they have specifically been
able to do since 2020.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL, IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
3291
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend chapter 139 of the laws of 2020 amending the election
law relating to absentee voting, in relation to the effectiveness
thereof; and to amend chapter 2 of the laws of 2022 amending the
election law relating to absentee voting in village elections, in
relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2 of chapter 139 of the laws of 2020 amending the
2 election law relating to absentee voting, as amended by chapter 2 of the
3 laws of 2022, is amended to read as follows:
4 § 2. This act shall take effect immediately [and shall expire and be
5 deemed repealed December 31, 2022].
6 § 2. Section 4 of chapter 2 of the laws of 2022 amending the election
7 law relating to absentee voting in village elections is amended to read
8 as follows:
9 § 4. This act shall take effect immediately and shall be deemed to
10 have been in full force and effect on and after December 31, 2021[;
11 provided however that the provisions of sections two and three of this
12 act shall expire and be deemed repealed December 31, 2022].
13 § 3. This act shall take effect immediately and shall be deemed to
14 have been in full force and effect on and after December 31, 2022.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02982-01-3
