S T A T E   O F   N E W   Y O R K
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                                  10946

                          I N  A S S E M B L Y

                               May 4, 2010
                               ___________

Introduced by M. of A. CAHILL, WEISENBERG, JOHN, WRIGHT, PAULIN, ESPAIL-
  LAT,  TITUS,  KAVANAGH, BROOK-KRASNY, KELLNER, SPANO, SCHIMEL, GORDON,
  BENJAMIN, LATIMER,  ZEBROWSKI,  MAISEL,  ALESSI,  MAGNARELLI,  TITONE,
  PHEFFER,  TOWNS  -- Multi-Sponsored by -- M.  of A. ABBATE, BENEDETTO,
  BING,  BOYLAND,  BRENNAN,  BRODSKY,  CALHOUN,  CANESTRARI,   CARROZZA,
  CASTRO,   CHRISTENSEN,   CLARK,   COLTON,  COOK,  CUSICK,  CYMBROWITZ,
  DelMONTE, DESTITO,  DINOWITZ,  ENGLEBRIGHT,  FARRELL,  FIELDS,  FINCH,
  GALEF,  GIANARIS,  GLICK,  GOTTFRIED,  GUNTHER, HEASTIE, HEVESI, HOYT,
  JACOBS,  JEFFRIES,  KOON,  LAVINE,  LENTOL,  LIFTON,  LUPARDO,  MAGEE,
  MARKEY,  McENENY,  M. MILLER,  MILLMAN,  MOLINARO, MONTESANO, MORELLE,
  ORTIZ,  PEOPLES-STOKES,  PERRY,  PRETLOW,  RAMOS,  REILLY,  J. RIVERA,
  P. RIVERA, ROBINSON, ROSENTHAL, SAYWARD, SCARBOROUGH, SCHROEDER, SKAR-
  TADOS,  SWEENEY, THIELE, TOWNSEND, WEINSTEIN -- read once and referred
  to the Committee on Election Law

AN ACT to amend the election law, in relation to requiring polling plac-
  es to be accessible to physically disabled voters

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1-a of section 4-104 of the election law, as
amended by chapter 580 of the laws of  1995,  is  amended  and  two  new
subdivisions 1-b and 1-c are added to read as follows:
  1-a.  Each  polling  place  shall  [have  at  least  one entrance that
provides access, by ramp or otherwise, to  physically  disabled  voters,
provided, however, that this requirement may be waived in writing by the
county  board  of elections upon a petition to the board by the legisla-
tive body of the city or town designating such  polling  places  showing
good  and  sufficient  cause. In the city of New York and in counties in
which polling places are designated by the board of elections, the board
shall specify in writing why it has determined  that  it  is  unable  to
comply  with  the provisions of this subdivision. Such petition, waiver,
and written determination, as provided for in this subdivision, shall be
filed in the office of the board and be available for public inspection.
Such a waiver may be granted and filed or such a  written  determination
may  be  filed only where the board of elections determines, with regard

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

                                                           LBD00578-05-0

A. 10946                            2

to each specific polling place for which a waiver is sought or a written
determination is to be filed, (1) that an alternative accessible polling
place is not reasonably available in the election district or a  contig-
uous  election  district  and  that  specific efforts were undertaken in
cooperation with persons with disabilities who have contacted the legis-
lative body of the city or town which requested such waiver or the board
of elections which filed such written determination to  locate  such  an
alternative  accessible polling place and such efforts are listed in the
petition or written determination, (2) that compliance with the  polling
place  accessibility requirements of this subdivision would require that
unreasonable expenses be incurred and paid, pursuant to section 4-136 of
this article  and  that  specific  information  regarding  expenses  for
compliance  is  listed in the petition or written determination, and (3)
that substantial efforts will be undertaken in cooperation with  persons
with disabilities who have contacted the legislative body of the city or
town  which  requested such waiver or the board of elections which filed
such written determination during the period for  which  the  waiver  is
effective  to  achieve  compliance  with the polling place accessibility
requirements of this  subdivision  and  that  the  specific  substantial
efforts  to  be undertaken to achieve compliance are listed in the peti-
tion or written determination.  For purposes of  this  subdivision,  the
term  "persons  with  disabilities" shall mean persons with disabilities
who shall be entitled to vote in the election district for which a waiv-
er is sought and service  centers  for  independent  living  established
pursuant  to article twenty-three-A of the education law and other enti-
ties which represent the  interests  of  persons  with  disabilities.  A
request  for  a  waiver shall be filed at the same time that the list of
polling places is submitted to or established by the board of elections.
The board of elections shall forthwith prepare a list  of  all  election
districts for which a waiver is sought or a written determination filed.
Such list together with all such petitions for waiver and written deter-
minations  shall  be  public  records  at  the  office  of  the board of
elections. Not later than  May  seventh  of  each  year,  the  board  of
elections  shall  mail  a copy of said list by first class mail to every
person who has made a written request  for  such  list  within  the  two
preceding  calendar  years. The board of elections shall either grant or
deny the waiver no later than June  first  of  the  year  in  which  the
request  is  made.   The state board of elections shall promulgate regu-
lations necessary to ensure proper execution of the provisions  of  this
subdivision] BE ACCESSIBLE TO CITIZENS WITH DISABILITIES AND COMPLY WITH
THE  ACCESSIBILITY  GUIDELINES OF THE AMERICANS WITH DISABILITIES ACT OF
1990.  THE STATE BOARD OF ELECTIONS SHALL PUBLISH AND DISTRIBUTE TO EACH
BOARD OF ELECTIONS WITH THE POWER TO DESIGNATE POLL  SITES,  A  CONCISE,
NON-TECHNICAL  GUIDE  DESCRIBING  STANDARDS FOR POLL SITE ACCESSIBILITY,
INCLUDING A POLLING SITE ACCESS SURVEY INSTRUMENT,  IN  ACCORDANCE  WITH
THE AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES (ADAAG) AND
METHODS  TO  COMPLY WITH SUCH STANDARDS. SUCH GUIDE AND PROCEDURES SHALL
BE DEVELOPED IN CONSULTATION WITH PERSONS, GROUPS OR ENTITIES WITH KNOW-
LEDGE ABOUT PUBLIC ACCESS AS THE STATE BOARD OF ELECTIONS  SHALL  DETER-
MINE APPROPRIATE.
  1-B.  THE COUNTY BOARD OF ELECTIONS SHALL CAUSE AN ACCESS SURVEY TO BE
CONDUCTED FOR EVERY POLLING SITE TO VERIFY SUBSTANTIAL  COMPLIANCE  WITH
THE  ACCESSIBILITY  STANDARDS  CITED  IN THIS SECTION. COMPLETED SURVEYS
SHALL BE SUBMITTED TO THE STATE BOARD OF ELECTIONS AND KEPT ON FILE AS A
PUBLIC RECORD BY EACH COUNTY. EACH POLLING SITE SHALL BE EVALUATED PRIOR
TO ITS DESIGNATION OR UPON CHANGES TO THE FACILITY. A SITE DESIGNATED AS

A. 10946                            3

A POLLING PLACE PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION SHALL BE
EVALUATED WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION  BY
AN  INDIVIDUAL QUALIFIED TO DETERMINE WHETHER OR NOT SUCH SITE MEETS THE
EXISTING  STATE  AND  FEDERAL ACCESSIBILITY STANDARDS. ANY POLLING PLACE
DEEMED NOT TO MEET THE EXISTING ACCESSIBILITY STANDARDS MUST MAKE NECES-
SARY CHANGES AND/OR MODIFICATIONS, OR BE MOVED TO A VERIFIED  ACCESSIBLE
POLLING PLACE WITHIN SIX MONTHS.
  1-C. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE ANY RULES AND REGU-
LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  2.  This  act  shall  take effect on the fifteenth of December next
succeeding the date on which it shall have become a law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.