BILL NUMBER: S7565A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend chapter 139 of the laws of 2020 amending the election
law relating to absentee voting, in relation to the effectiveness there-
of

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow voters who are concerned about voting in-person due to the
ongoing COVID-19 pandemic to request an absentee ballot through December
31, 2022.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 2 of chapter 139 of the laws of 2020 amending
the election law relating to absentee voting, to extend the effective
date to December 31, 2022.

Section 2 sets forth the effective date.
              

 
JUSTIFICATION:

Currently, New York's law only allows an individual to request an absen-
tee ballot if they a) will be absent from their county of residence or
New York City on the day of the election, b) are unable to appear at the
polling place due to illness, physical disability, or care-taking
responsibilities for someone who is ill or disabled, c) are a resident
or patient at a veteran health administration hospital, or d) are
currently being held in jail. These restrictive criteria do not accommo-
date people who are concerned about the risk voting in-person would pose
to their own or other's health.

Individuals, especially those who are high-risk, should be given the
tools to take extra precautions to navigate the coronavirus pandemic.
According to the CDC, older people and people with existing health
conditions, like heart disease, lung disease, or diabetes, are at great-
er risk of serious illness if they contract COVID-19. High-risk individ-
uals who are trying to limit their potential exposure or other's expo-
sure to the virus should not have to decide between protecting their
health or exercising their civic duty. Similarly, individuals who are
preventively quarantined should still be able to participate in our
elections. This bill amends the definition of illness to include
instances where a voter is unable to appear personally at their polling
place because there is a risk of contracting or spreading a disease that
may cause illness to the voter or to other members of the public.

This legislation was originally passed in 2020 and intended to remain in
effect until January 1, 2022. Unfortunately, the COVID-19 pandemic still
poses significant risks to the health of New Yorkers.  Accordingly, this
bill would extend this measure through December 31, 2022 so that New
Yorkers can continue to participate in our elections without compromis-
ing their health and safety.

 
PRIOR LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately and shall expire and be deemed repealed December 31, 2022.

                                 
BILL NUMBER: S7565B

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the election law, in relation to absentee voting in
village elections; to amend chapter 139 of the laws of 2020 amending the
election law relating to absentee voting, in relation to the effective-
ness thereof; and providing for the repeal of certain provisions upon
expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow voters who are concerned about voting in-person due to the
ongoing COVID-19 pandemic to request an absentee ballot through December
31, 2022.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 2 of chapter 139 of the laws of 2020 amending
the election law relating to absentee voting, to extend the effective
date to December 31, 2022.
              

Section 2 amends subdivision 1 of section 15-120 of the election law to
allow voters to vote via absentee ballot in village elections by select-
ing temporary illness due to a risk of spreading or contracting a
disease that may cause illness to the public.

Section 3 amends subdivision 1 of section 15-122 of the election law to
allow voters to vote via absentee ballot in village elections by select-
ing temporary illness due to a risk of spreading or contracting a
disease that may cause illness to the public.

Section 4 sets forth the effective date.

 
JUSTIFICATION:

Currently, New York's law only allows an individual to request an absen-
tee ballot if they a) will be absent from their county of residence or
New York City on the day of the election, b) are unable to appear at the
polling place due to illness, physical disability, or care-taking
responsibilities for someone who is ill or disabled, c) are a resident
or patient at a veteran health administration hospital, or.d) are
currently being held in jail. These restrictive criteria do not accommo-
date people who are concerned about the risk voting in-person would pose
to their own or other's health.

Individuals, especially those who are high-risk, should be given the
tools to take extra precautions to navigate the coronavirus pandemic.
According to the CDC, older people and people with existing health
conditions, like heart disease, lung disease, or diabetes, are at great-
er risk of serious illness if they contract COVID-19. High-risk individ-
uals who are trying to limit their potential exposure or other's expo-
sure to the virus should not have to decide between protecting their
health or exercising their civic duty. Similarly, individuals who are
preventively quarantined should still be able to participate in our
elections. This bill amends the definition of illness to include
instances where a voter is unable to appear personally at their polling

place because there is a risk of contracting or spreading a disease that
may cause illness to the voter or to other members of the public.

This legislation was originally passed in 2020 and intended to remain in
effect until January 1, 2022. Unfortunately, the COVID-19 pandemic still
poses significant risks to the health of New Yorkers.  Accordingly, this
bill would extend this measure through December 31, 2022 so that New
Yorkers can continue to participate in our elections without compromis-
ing their health and safety. Additionally, this legislation expands this
protection to cover village elections.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately and shall expire and be deemed repealed December 31, 2022.