New York S 5182: Enacts the "Disaster Voting Relief Act"

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S05182 Summary:

BILL NOS05182 

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SAME ASNo Same As

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Add §§3-109 & 8-418, amd §§8-302 & 9-209, El L

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Enacts the Disaster Voting Relief Act; provides for temporary voting procedures in a state of emergency.

Go to top S05182 Actions:

BILL NOS05182 

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02/19/2025REFERRED TO ELECTIONS

01/07/2026REFERRED TO ELECTIONS

Go to topS05182 Committee&nbspVotes:

Go to topS05182 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05182 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5182

 2025-2026 Regular Sessions

 IN SENATE

 February 19, 2025
 ___________

 Introduced by Sen. COMRIE -- 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"

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "disaster voting relief act".
 3 § 2. The election law is amended by adding a new section 3-109 to read
 4 as follows:
 5 § 3-109. Disaster; governor may suspend or delay voting. 1. The gover-
 6 nor may, upon issuance of an executive order declaring a state of emer-
 7 gency or upon the issuance of a federal disaster declaration suspend or
 8 delay an election in such municipality.
 9 2. If a delay or suspension is authorized by the governor, the delayed
 10 voting shall resume or be rescheduled as soon as practicable pursuant to
 11 the procedures outlined in section 3-108 of this title. The state board
 12 of elections shall promulgate such rules and regulations to further
 13 effectuate the provisions of this section.
 14 § 3. The election law is amended by adding a new section 8-418 to read
 15 as follows:
 16 § 8-418. Persons entitled to vote absentee when an emergency is
 17 declared. Upon issuance of an executive order declaring a state of emer-
 18 gency or upon the issuance of a federal disaster declaration within
 19 fourteen days of an election any qualified voter whose polling location
 20 is within the area affected by such declaration may vote as an absentee
 21 voter notwithstanding the provisions of this chapter.
 22 § 4. Section 8-302 of the election law is amended by adding a new
 23 subdivision 6 to read as follows:
 24 6. Upon the governor's issuance of an executive order declaring a
 25 state of emergency pursuant to section twenty-eight of the executive law

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06053-01-5

 S. 5182 2

 1 or upon the issuance of a federal disaster declaration a voter seeking
 2 to vote by affidavit need not affirm that such voter is duly registered
 3 in the election district in which such voter seeks to cast an affidavit
 4 ballot if such voter is registered to vote within the county for which
 5 such declaration has been issued.
 6 § 5. The opening paragraph of section 9-209 of the election law, as
 7 separately amended by chapters 479 and 481 of the laws of 2023, is
 8 amended to read as follows:
 9 Before completing the canvass of votes cast in any primary, general,
 10 special, or other election at which voters are required to sign their
 11 registration poll records before voting, the board of elections shall
 12 proceed in the manner hereinafter prescribed to review, cast and canvass
 13 early mail, any absentee, military, special presidential, special feder-
 14 al or other special ballots and any ballots cast in affidavit envelopes,
 15 including ballots cast by voters pursuant to section 8-604 of this chap-
 16 ter. Each such ballot shall be retained in the original envelope
 17 containing the voter's affidavit and signature, in which it is delivered
 18 to the board of elections until such time as it is to be reviewed, in
 19 order to be cast and canvassed. Absentee ballots cast by voters pursuant
 20 to section 8-418 of this chapter shall be transmitted by the county
 21 board of elections where such ballot was cast to the board of elections
 22 where such voter is registered to vote to be canvassed with other affi