S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3873
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sens. COMRIE, ADDABBO, PERKINS -- read twice and ordered
   printed, and  when  printed  to  be  committed  to  the  Committee  on
   Elections
 
 AN  ACT  to amend the election law, in relation to enacting the disaster
   voting relief act of 2017
 
   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 2017".
   § 2.  The election law is amended by adding a  new  section  3-109  to
 read as follows:
   § 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.
   § 3. The election law is amended by adding a new section 8-414 to read
 as follows:
   §  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.
   §  4.  Section  8-302  of  the election law is amended by adding a new
 subdivision 6 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00211-01-7
              

 S. 3873                             2
 
   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.
   §  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.
   §  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.
   § 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.