S T A T E   O F   N E W   Y O R K
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                                 5235--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by  Sens. TKACZYK, STEWART-COUSINS, ADDABBO, SANDERS -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Elections -- recommitted to the Committee on Elections in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the election law, in relation to enacting the disaster
  voting relief act of 2014

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short title.  This act shall be known and may be cited as
the "disaster voting relief act of 2014".
  S 2.  The election law is amended by adding a  new  section  3-109  to
read as follows:
  S 3-109. DISASTER; GOVERNOR MAY SUSPEND OR DELAY VOTING. 1. THE GOVER-
NOR  MAY, UPON ISSUANCE OF AN EXECUTIVE ORDER DECLARING A STATE OF EMER-
GENCY OR UPON THE ISSUANCE OF A FEDERAL DISASTER DECLARATION SUSPEND  OR
DELAY AN ELECTION IN SUCH MUNICIPALITY.
  2. IF A DELAY OR SUSPENSION IS AUTHORIZED BY THE GOVERNOR, THE DELAYED
VOTING SHALL RESUME OR BE RESCHEDULED AS SOON AS PRACTICABLE PURSUANT TO
THE  PROCEDURES OUTLINED IN SECTION 3-108 OF THIS TITLE. THE STATE BOARD
OF ELECTIONS SHALL PROMULGATE SUCH  RULES  AND  REGULATIONS  TO  FURTHER
EFFECTUATE THE PROVISIONS OF THIS SECTION.
  S 3. The election law is amended by adding a new section 8-414 to read
as follows:
  S  8-414.  PERSONS  ENTITLED  TO  VOTE  ABSENTEE  WHEN AN EMERGENCY IS
DECLARED. UPON ISSUANCE OF AN EXECUTIVE ORDER DECLARING A STATE OF EMER-
GENCY OR UPON THE ISSUANCE OF  A  FEDERAL  DISASTER  DECLARATION  WITHIN
FOURTEEN  DAYS OF AN ELECTION ANY QUALIFIED VOTER WHOSE POLLING LOCATION
IS WITHIN THE AREA AFFECTED BY SUCH DECLARATION MAY VOTE AS AN  ABSENTEE
VOTER NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10637-04-4
              

S. 5235--A                          2

  S  4.  Section  8-302  of  the election law is amended by adding a new
subdivision 6 to read as follows:
  6.  UPON  THE  GOVERNOR'S  ISSUANCE  OF AN EXECUTIVE ORDER DECLARING A
STATE OF EMERGENCY PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW
OR UPON THE ISSUANCE OF A FEDERAL DISASTER DECLARATION A  VOTER  SEEKING
TO  VOTE BY AFFIDAVIT NEED NOT AFFIRM THAT SUCH VOTER IS DULY REGISTERED
IN THE ELECTION DISTRICT IN WHICH SUCH VOTER SEEKS TO CAST AN  AFFIDAVIT
BALLOT  IF  SUCH VOTER IS REGISTERED TO VOTE WITHIN THE COUNTY FOR WHICH
SUCH DECLARATION HAS BEEN ISSUED.
  S 5. Paragraph (a) of subdivision 2 of section 9-209 of  the  election
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV)  NOTWITHSTANDING  SUBPARAGRAPH (III) OF THIS PARAGRAPH, THE BOARD
OF ELECTIONS FOR THE COUNTY IN WHICH SUCH VOTER RESIDES SHALL  CAST  AND
CANVASS  SUCH  BALLOT,  IF IT DETERMINES THAT SUCH VOTER WAS ENTITLED TO
VOTE REGARDLESS  OF THE FACT THAT THE VOTER MAY  HAVE  APPEARED  IN  THE
INCORRECT POLLING LOCATION DUE TO THE DECLARATION OF A STATE OF EMERGEN-
CY.  SUCH  BALLOT  SHALL  NOT BE CAST AND CANVASSED FOR SUCH CONTEST FOR
WHICH THE PERSON WAS NOT ENTITLED TO VOTE AT SUCH ELECTION.
  S 6. The opening paragraph of section 9-209 of the  election  law,  as
amended  by  chapter  163  of  the  laws  of 2010, is amended to read as
follows:
  Before completing the canvass of votes cast in any  primary,  general,
special,  or  other  election at which voters are required to sign their
registration poll records before voting, the board  of  elections  shall
proceed  in  the  manner  hereinafter prescribed to cast and canvass any
absentee, military,  special  presidential,  special  federal  or  other
special  ballots  and  any  ballots voted by voters who moved within the
county or city after registering, voters who  are  in  inactive  status,
voters whose registration was incorrectly transferred to another address
even  though  they  did not move, voters whose registration poll records
were missing on the day of such election, voters who have not had  their
identity  previously verified and voters whose registration poll records
did not show them to be enrolled in the party in which they  claimed  to
be enrolled. Each such ballot shall be retained in the original envelope
containing the voter's affidavit and signature, in which it is delivered
to  the  board  of  elections  until  such  time as it is to be cast and
canvassed.  ABSENTEE BALLOTS CAST BY VOTERS PURSUANT TO SECTION 8-414 OF
THIS CHAPTER SHALL BE TRANSMITTED BY THE COUNTY BOARD OF ELECTIONS WHERE
SUCH BALLOT WAS CAST TO THE BOARD  OF  ELECTIONS  WHERE  SUCH  VOTER  IS
REGISTERED  TO  VOTE  TO  BE CANVASSED WITH OTHER AFFIDAVIT AND ABSENTEE
BALLOTS FOR THE ELECTION DISTRICT WHEREIN THE VOTER RESIDES.
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become  a  law.    Effective  immediately,  the  board  of
elections  is authorized to promulgate such rules and regulations neces-
sary for the further implementation of this act on its effective date.