S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10207
 
                           I N  A S S E M B L Y
 
                              March 24, 2020
                                ___________
 
 Introduced  by  M.  of  A.  LENTOL,  O'DONNELL,  BENEDETTO,  BRAUNSTEIN,
   DenDEKKER, DINOWITZ, EPSTEIN, LUPARDO, ORTIZ, OTIS, PAULIN,  L. ROSEN-
   THAL,  ZEBROWSKI, GALEF, SCHIMMINGER, LIFTON -- read once and referred
   to the Committee on Election Law
 
 AN ACT establishing that all voting  for  the  April  2020  presidential
   primary be conducted by absentee ballot

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. A crisis exists due to the
 outbreak of the novel coronavirus disease  2019  (COVID-19)  which  will
 negatively impact and impair the efficient operation of early voting and
 election day voting for the presidential primary scheduled for April 28,
 2020. Experts and officials have indicated that the COVID-19 outbreak is
 likely  to  get worse over the next month and may peak in 45 days at the
 same time the  April  2020  presidential  primary  is  scheduled  to  be
 conducted.    In response to this crisis and the widespread transmission
 of the COVID-19 virus, Governor Cuomo  has  declared  a  state  disaster
 emergency in New York, the United States Centers for Disease Control has
 declared  a  public health emergency, and President Trump has declared a
 national emergency.
   The COVID-19 virus is spread  mainly  from  person-to-person  and  the
 single  most  effective way to prevent and slow the further transmission
 of the virus is to avoid close contact and stay at  least  6  feet  away
 from  other  persons.  New York, New Jersey and Connecticut have collec-
 tively banned gatherings of more than 50 people and closed bars, restau-
 rants and movie theaters. Conducting in-person voting for the April 2020
 presidential primary during the height of the  COVID-19  outbreak  would
 threaten the health and safety of all New Yorkers. Instead of postponing
 presidential  primaries, the Chairman of the Democratic National Commit-
 tee has urged states to adopt vote-by-mail provisions.
   Therefore, the legislature finds that pursuant to section  twenty-five
 of article three of the New York state Constitution, the outbreak of the
 COVID-19 virus constitutes a disaster and notwithstanding any inconsist-
 ent  provisions  of  section  two  of  article two of the New York state
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16007-01-0

 A. 10207                            2
 
 Constitution, legislation to provide that all voters  vote  by  absentee
 ballot  for  the  April 2020 presidential primary is necessary to insure
 the continuity of governmental operations.
   §  2.  Notwithstanding  any  other  inconsistent provision of law, all
 voting for the April 2020 presidential primary  shall  be  conducted  by
 absentee ballot in a manner consistent with the applicable provisions of
 the election law. Provided, however, that no application for such absen-
 tee  ballot  shall  be necessary and each local board of elections shall
 provide such ballot, at least 15 days prior to April 28,  2020,  to  all
 enrolled  voters eligible to vote in the April 2020 presidential primary
 in the same manner as otherwise provided for in  section  8-400  of  the
 election  law. Provided further, however, that absentee ballots received
 by the board of elections prior to April 28, 2020,  shall  be  cast  and
 canvassed  as  soon  as practicable after receipt in a manner consistent
 with the provisions of section 9-209 of the election law.   No  election
 results  shall  be  released to the public prior to 9:00 PM on April 28,
 2020.
   § 3. The state board of elections is authorized  to  promulgate  rules
 and  regulations  necessary  for the implementation of the provisions of
 this act.
   § 4. This act shall take effect immediately.