Amendment ID: S12-3.1

Further Amendment 3.1

In-Person Voting

Mr. Keenan moves that the amendment be amended by striking out sections 1 to 3, inclusive, and inserting in place thereof the following 3 sections:-

Section 1. (a) Notwithstanding Senate Rule 55, Senate Rule 57 or any other rule to the contrary, whenever a question is taken by yeas and nays, the Clerk shall call the names of all members, except the President, in alphabetical order, and every member present shall answer to such member’s name, unless excused before the vote was taken. Except in the case of a vote to ascertain the presence of a quorum, if a member is prevented from voting personally in the Senate Chamber at the member’s assigned seat because of having tested positive for COVID-19 within the previous five days or having been exposed to an individual who has within the previous five days tested positive for COVID-19, or is according to the Centers for Disease Control at increased risk of severe illness from COVID-19 because of the member’s age or certain underlying medical conditions, or resides with a person who is at increased risk or severe illness from COVID-19 because of that person’s age or certain underlying medical conditions, or is not present because of a disability or due to a condition related to pregnancy, childbirth or nursing a child that member may be excused from so voting by the President.

(b) When a member is excused from voting in accordance with subsection (a), the President shall assign a court officer or authorize the Clerk to answer the roll call on behalf of the member so long as the disability or condition continues; provided, however, that the President shall announce the action of the Chair to the membership prior to assigning a court officer or authorizing the Clerk to cast the member’s vote; and provided further, that the President shall announce the action to the membership the first time a vote is cast for that member on each successive day that the member is absent from the chamber because of the disability or condition. No member shall be permitted to vote after the decision is announced from the Chair.

(c) A member voting in accordance with this section may answer the roll call (i) through the court officer assigned by the President by use of a telephone line or other electronic means to record their vote or presence or to be counted, which shall be monitored by a court officer and a member of the Clerk’s staff. A court officer shall ascertain and announce any such recordation on behalf of the member and a member of the Clerk’s office shall verify the account, or (ii) by submitting a letter to the Clerk that specifies the member’s exact instruction to the presiding officer on how to answer the question for which the roll call is ordered and states that the presiding officer is authorized to announce the member’s vote or record the member’s presence; provided, however, that a member may alter or revoke this authorization by submitting a letter to the Clerk; provided further, that if a member who has so authorized the presiding officer casts the member’s own vote or records the member’s own presence, the member shall be considered to have revoked the authorization to announce the member’s vote or record the member’s presence in the Senate. Upon receipt of a member’s letter authorizing the presiding officer or altering or revoking the authorization of the presiding officer, the Clerk shall notify the President and the minority leader of the authorization, alteration or revocation. The Clerk shall maintain an updated list of the authorizations, alterations and revocations submitted or in effect under this order and shall make the list publicly available in electronic form and available during any vote subject to this order. The presiding officer shall answer the roll call on behalf of each member who has authorized the presiding officer to announce the vote or record the presence of the member; provided, however, that the presiding officer shall announce the vote or record the presence in accordance with the member’s exact instruction. A letter under this section may be submitted to the Clerk electronically.

Section 2. A member who participates remotely pursuant to section 1 shall be counted for the purpose of establishing a quorum as required pursuant to Senate Rule 64 and Article XXXIII of the Amendments to the Constitution of the Commonwealth.

Section 3. Upon the issuance of an emergency order by the department of public health limiting or prohibiting indoor gathering in such manner that makes voting and participation by members in accordance with subsection 1(a) unsafe for members, each member may vote and participate in accordance with subsections 1(b) and (c) until the department of public health order is rescinded or August 1, 2022, whichever occurs first.