As COVID-19 surges around the United States, Assemblyman Jeffrey Dinowitz has been pushing for legislation that would expand New York voters’ ability to vote by mail in upcoming elections. Building on efforts to authorize absentee voting following the latest primary elections on June 23, it appears that legislation from Dinowitz will be passed in a flurry of Albany activity this week.

 

The legislation would temporarily alter the definition of illness with respect to absentee voting eligibility to include “risk of contracting or spreading a disease that may cause illness to the voter or to other members of the public”. The expansion of this definition would expire on Jan. 1, 2022, which coincides with the soonest a constitutional amendment to allow no-excuse absentee voting in New York State could take effect.

 

The constitutional amendment to authorize no-excuse absentee voting was passed in 2019, and must pass again in the next legislature, which will be seated in January 2021. If passed, the amendment must be ratified by statewide popular vote. This ratification could happen as soon as November 2021 and, if ratified, the constitution would be amended on the first day of January next after such approval.

 

The effect of this legislation would be that all eligible voters can request an absentee ballot if they are worried about spreading COVID-19, similar to what was in effect for the June 23 primary election. This would affect the Nov. 3 general election as well as all elections in New York State in 2021.

 

In reference to the impending legislation, Dinowitz said, “It is readily apparent that the COVID-19 pandemic will not be under control by November, and frankly at this rate it doesn’t seem certain that our country will have a handle on this in 2021 either. New Yorkers must be able to cast their ballots without fearing for their health or the health of their loved ones. While we work through the constitutional amendment process, this legislation will successfully bridge the gap between our needs now and where we hope to be in 2022”.