NYSBOE Guidance on COVID-19
- General Guidance for County Boards Regarding COVID-19
- COVID-19 Update for Election Officials — Questions and Answers
Executive Orders — COVID-19
Executive Order 202.28
The Governor has issued Executive Orders 202.15, 202.23 and 202.28, relating to absentee ballot applications for the June 23, 2020 primary and special election. The State Board of Elections is providing the following guidance in relation to processing absentee ballot applications for the June 23, 2020 primary and special election:
- Executive Order 202.23, issued on April 24, 2020, requires County Boards of Elections to mail absentee ballot applications to all eligible active and inactive voters. Executive Order 202.28 provides that a County Board of Elections may amend the absentee ballot application form it mails to eligible active and inactive voters so as to limit the application to the June 23, 2020 primary or special election. Amending the absentee ballot application form is discretionary; it is not mandatory.
- Regardless of whether the absentee ballot application is amended, any absentee ballot application that is received from the Executive Order 202.23 mailing and any applications received electronically, telephone, email or internet shall only be valid for the June 23, 2020 primary or special election.
- Executive Order 202.28 did not disturb the status of voters that are in permanent absentee ballot status prior to the aforementioned Executive Orders. If a voter has been in permanent absentee ballot status, the voter shall continue to receive an absentee ballot for all applicable elections, including the General Election in November 2020.
- A voter may still request, at any time, to be placed in permanent absentee ballot status through any statutorily valid means, including the Executive Order 202.23 mailing other than through an absentee ballot application that was obtained through modified conditions (electronically, telephone, email or internet) from any EO issued.
- A voter may request to receive an absentee ballot for any statutorily valid reason for the November 2020 General Election through any valid means other than through an absentee ballot application that was obtained through modified conditions (electronically, telephone, email or internet) from any EO issued or that they received through the Executive Order 202.23 mailing.
Executive Order 202.26
Executive Order 202.26 containing several changes for Village Elections can be found here: https://www.governor.ny.gov/sites/default/files/atoms/files/EO_202.26_Final_Elections.pdf
Executive Orders 202.23 and 202.24
Pursuant to Executive Orders 202.23 and 202.24:
- All eligible voters in active or inactive status will be mailed an absentee ballot application for a primary or special election to be held on June 23.
- The Special Election in Congressional District 27 is NOT cancelled and all previously submitted absentee ballots for this contest will remain valid.
- The following Special Elections are cancelled: SD-50, AD-12, AD-31, AD-136; Queens Borough President; NYC Council District 37. The vacancies will be filled at the November General Election.
The link for Executive Order 202.23 is: https://www.governor.ny.gov/sites/default/files/atoms/files/EO_202_23.pdf
The link for Executive Order 202.24 is: https://www.governor.ny.gov/sites/default/files/atoms/files/EO_202.24.pdf
Executive Order 202.15
Executive Order 202.15 allows voters who are affected by COVID-19 pandemic and wish to apply to vote by absentee ballot to utilize the absentee ballot application ( pdf 574KB) and check the box for “Temporary illness or physical disability” with no requirement for in-person signature or appearance to be able to access an absentee ballot. The Order contains no change in the application deadlines. Applications for absentee ballots may be made by mail, email, fax or in person.
Delivery of absentee ballots to voters still remains the same – via mail or in person. There is no change in the return methods: mail or in person. Applications for elections conducted after June 23rd revert back to the original process, unless further modified by an executive order or by law.
The link for the Executive 202.15 is: https://www.governor.ny.gov/sites/default/files/atoms/files/EO_202.15.pdf
Executive Orders 202.12 and 202.13
Executive Orders 202.12 and 202.13 have modified the Election Law by:
- Postponing and rescheduling the federal Presidential Primary from April 28, 2020 to June 23, 2020;
- Postponing and rescheduling the special elections in the 27th CD, 50th SD, 12th AD, 31st AD and 136th AD from April 28,2020 to June 23, 2020; and
- Beginning March 31, 2020, postponing the circulation and filing of all independent nominating petitions;
- modifying the annual mail check requirements.
The link for the Executive 202.12 is: https://hcr.ny.gov/system/files/documents/2020/03/exec_covid19_executiveorder202.12_032820.pdf
The link for the Executive 202.13 is: https://www.governor.ny.gov/sites/default/files/atoms/files/EO_202.13.pdf
Attention Petition Filers:
DEADLINE TO FILE ELECTION LAW § 16-102 COURT CHALLENGES TO PETITIONS FOR JUNE PRIMARY IS APRIL 3, 2020.
It is our opinion that the deadline to file and serve an Election Law proceeding in Supreme Court related to the June 23, 2020 Primary (Election Law § 16-102) is April 3, 2020 ( pdf 99.2KB).
Chapter 24 of the Laws of 2020
Chapter 24 of the laws of 2020, signed on March 18, 2020, set the dates for filing designating petitions to be from March 17, 2020 through March 20, 2020.
Executive Order 202.2
Executive Order 202.2 has modified the Election Law by:
- Setting the last day to collect a signature for a designating petition to be 5 pm on March 17, 2020;
- Reduced the signature requirement to be 1.5% of the active enrolled voters of the political party in the political unit or 30% of set State signature thresholds;
- Reduced signature requirements for party position, as noted above; and
- Postponed March village elections statewide.
The link for the new 2020 political calendar reflecting changes: https://www.elections.ny.gov/NYSBOE/law/2020PoliticalCalendar0608.pdf ( pdf 240KB)
The link for the Executive order is: https://www.governor.ny.gov/sites/default/files/atoms/files/EO%20202.2.pdf
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