 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10203
 
                   IN ASSEMBLY
 
                                     March 24, 2020
                                       ___________
 
        Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
          tee on Election Law
 
        AN  ACT  to  amend  the election law, in relation to permitting absentee
          voting in the event of a public health risk
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 and paragraph (c) of subdivision 3 of section
     2  8-400  of  the election law, subdivision 1 and paragraph (c) of subdivi-
     3  sion 3 as amended by chapter 63 of the laws of 2010,  paragraph  (c)  of
     4  subdivision  1  and subparagraph (iii) of paragraph (c) of subdivision 3
     5  as amended by chapter 375 of the laws of 2015, are amended  to  read  as
     6  follows:
     7    1.  A qualified voter may vote as an absentee voter under this chapter
     8  if, on the occurrence of any village election conducted by the board  of
     9  elections,  primary  election, special election, general election or New
    10  York city community school board district  or  city  of  Buffalo  school
    11  district election, he or she expects to be:
    12    (a)  absent from the county of his or her residence, or, if a resident
    13  of the city of New York absent from said city; or
    14    (b) unable to appear personally at the polling place of  the  election
    15  district  in  which he or she is a qualified voter because of illness or
    16  physical disability or duties related to the primary care of one or more
    17  individuals who are ill or physically disabled, or  because  he  or  she
    18  will be or is a patient in a hospital; or
    19    (c)  a  resident or patient of a veterans health administration hospi-
    20  tal; or
    21    (d) absent from his or her voting  residence  because  he  or  she  is
    22  detained  in  jail awaiting action by a grand jury or awaiting trial, or
    23  confined in jail or prison after a conviction for an offense other  than
    24  a  felony,  provided that he or she is qualified to vote in the election
    25  district of his or her residence[.]; or
    26    (e) unable to appear personally at the polling place of  the  election
    27  district  in which he or she is a qualified voter because of the concern
    28  that a public health risk exists and such appearance may result in expo-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15746-03-0

        A. 10203                            2
 
     1  sure to such risk; or such person is concerned that voting in person may
     2  expose other persons to a public health risk.
     3    (c)  A statement, as appropriate, that on the day of such election the
     4  applicant expects in good faith to be in one of  the  following  catego-
     5  ries:
     6    (i)  absent  from the county of his or her residence, or if a resident
     7  of the city of New York absent from said city; provided, however, if the
     8  applicant expects to be absent from such county or city for  a  duration
     9  covering  more  than  one election and seeks an absentee ballot for each
    10  election, he or she shall state the dates when  he  or  she  expects  to
    11  begin and end such absence; or
    12    (ii)  unable  to appear at a 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
    15    (iii) a resident or patient of a veterans health administration hospi-
    16  tal; or
    17    (iv)  detained  in  jail  awaiting  action by a grand jury or awaiting
    18  trial or confined in jail or prison after a conviction  for  an  offense
    19  other than a felony and stating the place where he or she is so detained
    20  or confined[.]; or
    21    (v) unable to appear personally at the polling place of  the  election
    22  district  in which he or she is a qualified voter because of the concern
    23  that a public health risk exists and such appearance may result in expo-
    24  sure to such risk; or such person is concerned that voting in person may
    25  expose other persons to a public health risk.
    26    § 2. This act shall take effect immediately.
Relates to absentee voting

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