Amd 2, Chap 139 of 2020; amd 15-120 & 15-122, El L
Permits voting by absentee ballot where there is a risk of contracting or spreading a disease that may cause 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: A8432A
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the election law, in relation to absentee voting in
village elections; to amend chapter 139 of the laws of 2020 amending the
election law relating to absentee voting, in relation to the effective-
ness thereof; and providing for the repeal of certain provisions upon
expiration thereof
PURPOSE:
This bill would temporarily extend (until December 31, 2022) absentee
voting due to the risk of contracting or spreading a disease.
SUMMARY OF PROVISIONS:
Section one of the bill amends Chapter 139 of the laws of 2020 to change
the repeal date from January 1, 2022 to December 31, 2022. Chapter 139
amended the Election Law to define "illness" as "instances where a voter
who is unable to appear personally at the polling place ... because
there is a risk of contracting or spreading a disease-causing illness."
Without Chapter 139, Election Law authorizes absentee voting because of
"illness" but does not define such term.
Section two of the bill amends subdivision 1 of § 15-120 of the election
law, to allow voters to vote via absentee ballot in village elections by
selecting temporary illness due to a risk of spreading or contracting a
disease that may cause illness to the public.
Section three of the bill amends subdivision 1 of § 15-122 of the
election law to allow voters to vote via absentee ballot in village
elections by selecting temporary illness due to a risk of spreading or
contracting a disease that may cause illness to the public.
Section four of the bill provides the effective date.
JUSTIFICATION:
COVID-19 is still a risk. Voters should not 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
(proposal 4) was apparently voted down (in November 2021), there is
still a need - because of the ongoing pandemic - for New Yorkers to be
able to request ballots on a temporary basis.
This bill would extend until December 31, 2022 the ability to vote by
absentee ballot if a voter is concerned about voting in-person due to an
epidemic or disease outbreak.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
Immediately and shall be deemed to have been in full force and effect on
and after December 31, 2021; provided however that the provisions of
sections two and three of this act shall expire and be deemed repealed
December 31, 2022.
STATE OF NEW YORK
________________________________________________________________________
8432--A
2021-2022 Regular Sessions
IN ASSEMBLY
November 17, 2021
___________
Introduced by M. of A. DINOWITZ, KELLES, SILLITTI, LAVINE, ABINANTI,
PAULIN, SIMON, SEAWRIGHT, STECK, FERNANDEZ, BURGOS, ENGLEBRIGHT,
GALEF, GOTTFRIED, CRUZ -- read once and referred to the Committee on
Election Law -- recommitted to the Committee on Election Law in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the election law, in relation to absentee voting in
village elections; to amend chapter 139 of the laws of 2020 amending
the election law relating to absentee voting, in relation to the
effectiveness thereof; and providing for the repeal of certain
provisions upon expiration 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, is amended to read as follows:
3 § 2. This act shall take effect immediately and shall expire and be
4 deemed repealed [January 1] December 31, 2022.
5 § 2. Subdivision 1 of section 15-120 of the election law, as amended
6 by chapter 289 of the laws of 2014, paragraph (c) as amended by chapter
7 322 of the laws of 2021, is amended to read as follows:
8 1. A qualified voter of a village may vote as an absentee voter under
9 this section if during all the hours of voting on the day of a general
10 or special village election he or she will be:
11 (a) absent from the county of his or her residence; or
12 (b) unable to appear at the polling place because of illness or phys-
13 ical disability, or duties related to the primary care of one or more
14 individuals who are ill or physically disabled, or because he or she
15 will be or is a patient in a hospital, provided that, for purposes of
16 this paragraph, "illness" shall include, but not be limited to,
17 instances where a voter is unable to appear personally at the polling
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13532-03-2
A. 8432--A 2
1 place of the election district in which they are a qualified voter
2 because there is a risk of contracting or spreading a disease that may
3 cause illness to the voter or to other members of the public; or
4 (c) an incarcerated individual or patient of a veteran's adminis-
5 tration hospital; or
6 (d) absent from his or her voting residence because he or she is
7 detained in jail awaiting action by a grand jury or awaiting trial, or
8 confined in jail or prison after a conviction for an offense other than
9 a felony, provided that he or she is qualified to vote in the election
10 district of his or her residence.
11 § 3. Subdivision 1 of section 15-122 of the election law is amended to
12 read as follows:
13 1. A qualified elector of a village, who, on the occurrence of any
14 general or special village election, may be within the county of his
15 residence but unable to appear personally at the polling place in the
16 village of his residence because of illness, physical disability or
17 confinement either at home or in a hospital or institution, other than a
18 mental institution may vote as an absentee voter under this section,
19 provided that, for purposes of this subdivision, "illness" shall
20 include, but not be limited to, instances where a voter is unable to
21 appear personally at the polling place of the election district in which
22 they are a qualified voter because there is a risk of contracting or
23 spreading a disease that may cause illness to the voter or to other
24 members of the public.
25 § 4. This act shall take effect immediately and shall be deemed to
26 have been in full force and effect on and after December 31, 2021;
27 provided however that the provisions of sections two and three of this
28 act shall expire and be deemed repealed December 31, 2022.
