April 27, 2021 Legislation Authorizes Voting by Absentee Ballot Due to the Risk of Contracting or Spreading a Disease
KEEPING YOU INFORMED…
Governor Cuomo signed legislation this week temporarily amending the Education Law to allow voters to vote by absentee ballot in 2021 school district budget votes and elections due to the risk of contracting or spreading COVID-19 or another disease that may cause illness.
Prior to this amendment, the Education Law did not recognize the risk of contracting or spreading a disease as a reason to request an absentee ballot. The Law did, however, provide that “illness” of the voter was a permissible reason to vote by absentee ballot. To ensure safe access to voting, the new legislation immediately amends the definition of “illness” to include “instances where a voter is unable to appear personally at the polling place of the school district in which they are a qualified voter 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.”
Although the legislation applies to any “disease that may cause illness,” the amendment was intended to address the potential health risks of COVID-19. The amendment will expire on January 1, 2022.
If you have any questions regarding this new legislation, please contact Mara N. Harvey, Michelle A. Mahabirsingh or any of our other Education Law attorneys by calling 631-694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP 2021
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