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A10515Assembly2019-2020 Session

Allow Absentee Voting for COVID

Official title

“Authorizes absentee voting during the declared state of emergency for COVID-19”

Sponsor Michael DenDekkerAD-34Affects Public Safety & Consumer Affairs
Status
In Assembly Committee
Rules
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill allows all New York voters to request and cast absentee ballots during the COVID-19 state of emergency.

Why it matters

  1. Expands voter access during a critical time. By allowing all registered voters to request absentee ballots, the bill removes traditional barriers (like needing a specific excuse) and ensures more people can safely participate in elections during the COVID-19 emergency.

  2. Addresses public health concerns. The legislation directly responds to health risks posed by in-person voting, supporting social distancing efforts and reducing the likelihood of large gatherings at polling sites.

  3. Ensures continuity of government. By facilitating absentee voting, the bill helps maintain the orderly functioning and legitimacy of state and local government, even as the pandemic disrupts normal civic processes.

  4. Sets a legal precedent for emergencies. The bill uses constitutional emergency powers to temporarily override normal absentee voting rules, potentially influencing how New York (and other states) handle election law during future disasters.

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Allow Absentee Voting for COVID

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Michael DenDekker

Assembly Member · Assembly District 34

Rules

No co-sponsors yet.

History

  1. Reported referred to rules
  2. Reference changed to ways and means
  3. Referred to election law

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

10515

IN ASSEMBLY

May 24, 2020

Introduced by COMMITTEE ON RULES -- (at request of M. of A. DenDekker) -- read once and referred to the Committee on Election Law

AN ACT in relation to authorizing absentee voting during the declared state of emergency for COVID-19

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Legislative findings and intent. The legislature finds that the state of New York is in the midst of a natural disaster as a result of the worldwide COVID-19 pandemic. In response to this crisis, on March 2, 2020, the legislature amended article 2-B of the executive law to expand the governor's emergency powers to address disasters caused by a disease outbreak. The governor signed the legislation into law the next day (chapter 23 of the laws of 2020). On March 7, 2020, the governor issued Executive Order 202, declaring a state disaster emergency for the entire state of New York. On March 11, 2020, the World Health Organization declared COVID-19 to be a global pandemic. Three days later, the President of the United States declared a national emergency under Proclamation 9994 in response to the COVID-19 pandemic.

This natural disaster, caused by the worldwide COVID-19 pandemic, has resulted in 361,515 COVID-19 positive cases, and 23,391 deaths since the first case was identified in New York on March 1, 2020. The COVID-19 outbreak has severely disrupted the health care system in New York city and threatens the statewide system as a whole. Facing severe shortages of respiratory ventilators and personal protection equipment to treat critically ill patients, the governor took drastic steps to slow the exponential growth of the deadly disease. These steps include, in the interest of preserving life and public health, a policy of "social distancing," including avoiding gatherings of more than 10 people to prevent the spread of COVID-19. This has also included the closure of all but essential businesses statewide, the closure of schools, colleges and universities statewide, and the postponement of the presidential primary from April 28 to June 23, 2020.

The legislature further finds that open elections are essential for democracy and to the orderly continuation of New York's state and local

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD16514-01-0

A. 10515 2

governmental operations. All state legislative seats in the assembly and senate are up for election this year and the threat of contagion and the necessary policy of social distancing could drastically affect the willingness of the citizenry to vote in person in the midst of the pandemic. In order to facilitate the participation of voters in the elections that will decide who takes office on January 1, 2021, the legislature finds that it is necessary to allow all voters to vote via an absentee ballot due to the risk of exposure to the deadly COVID-19 coronavirus.

§ 2. Absentee voting. Notwithstanding section 2 of article II of the constitution of the state of New York, in order to insure the continuity of state and local governmental operations in this period of emergency due to the natural disaster created by the COVID-19 worldwide pandemic, the legislature uses its constitutional authority pursuant to section 25 of article III of the constitution of the state of New York to authorize all registered voters who are entitled to vote in an election during the declared COVID-19 state emergency to request, receive and cast an absentee ballot due to the risk of exposure to the deadly COVID-19 coronavirus. Such ballots shall be canvassed and counted if otherwise valid pursuant to the election law and related executive orders.

§ 3. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.