Enacts the Disaster Voting Relief Act of 2015; provides for temporary voting procedures in a state of emergency

2 Co-sponsors

• Joseph P. Addabbo Jr.
• Bill Perkins

BILL NUMBER:S4947

Title of bill

An act to amend the election law, in relation to enacting the disaster voting relief act of 2015

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 2015."

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 notwithstanding 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.

Section six of the bill amends election law section 9-209, requiring absentee ballots cast by voters pursuant to new section 8-414 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

S. 5235A of 2014

Fiscal implications

None for 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 implementation of this act on its effective date.