S T A T E O F N E W Y O R K
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201
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
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Introduced by M. of A. CAMARA, JEFFRIES -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to authorizing early
voting at primary and general elections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 8 of the election law is amended by adding a new
title 6 to read as follows:
TITLE VI
EARLY VOTING
SECTION 8-600. EARLY VOTING IN PRIMARY AND GENERAL ELECTIONS.
8-602. APPLICATION FOR EARLY VOTING.
8-604. STATE BOARD OF ELECTIONS; POWERS AND DUTIES OF.
S 8-600. EARLY VOTING IN PRIMARY AND GENERAL ELECTIONS. 1. ON AND
AFTER THE FOURTEENTH DAY PRIOR TO THE DATE OF EVERY PRIMARY AND GENERAL
ELECTION, EACH BOARD OF ELECTIONS SHALL PROVIDE FOR THE CONDUCTING OF
EARLY VOTING. SUCH VOTING SHALL BE CONDUCTED AT THE OFFICE OF THE BOARD
OF ELECTIONS AND AT SUCH ALTERNATIVE POLLING PLACES DESIGNATED BY SUCH
BOARD. EARLY VOTING SHALL BE MADE AVAILABLE DURING SUCH FOURTEEN DAY
PERIOD, EXCLUDING SATURDAYS, SUNDAYS AND PUBLIC HOLIDAYS. THE BOARD OF
ELECTIONS SHALL BE OPEN TO THE PUBLIC FOR EARLY VOTING FROM 8LABOR A.M.
UNTIL 4LABOR P.M. AND THE ALTERNATIVE POLLING PLACES SHALL BE OPEN FOR
EARLY VOTING DURING SUCH HOURS AND DAYS AS SHALL BE DESIGNATED BY THE
BOARD OF ELECTIONS.
2. A REGISTERED VOTER MAY PARTICIPATE IN EARLY VOTING UPON COMPLETION
AND FILING OF AN APPLICATION THEREFOR WITH THE BOARD OF ELECTIONS HOLD-
ING HIS OR HER VOTER REGISTRATION.
3. THE CONDUCT OF EARLY VOTING SHALL BE MONITORED AND ADMINISTERED BY
TWO PERSONS DESIGNATED BY THE BOARD OF ELECTIONS, WITH ONE SUCH PERSON
FROM EACH OF THE MAJOR POLITICAL PARTIES. SUCH VOTING SHALL CONFORM WITH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00011-02-9
A. 201 2
THE PROCEDURES, MEASURES AND REQUIREMENTS FOR CASTING VOTES IN A PRIMARY
OR GENERAL ELECTION. ALL VOTES CAST DURING EARLY VOTING SHALL BE COUNTED
AFTER THE POLLS CLOSE ON THE DATE OF THE PRIMARY OR GENERAL ELECTION TO
WHICH IT RELATES, IN THE SAME MANNER PRESCRIBED BY ARTICLE NINE OF THIS
CHAPTER.
4. EACH BOARD OF ELECTIONS SHALL PUBLISH NOTICE OF THE TIME PERIOD OF
EARLY VOTING, THE TIMES THEREOF, THE PLACES WHERE EARLY VOTING IS
CONDUCTED AND THE MANNER IN WHICH SUCH VOTING IS CONDUCTED. SUCH NOTICES
SHALL BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION NOT LESS THAN
SEVEN DAYS PRIOR TO THE FIRST DAY OF EARLY VOTING AND ONCE A WEEK THERE-
AFTER.
S 8-602. APPLICATION FOR EARLY VOTING. 1. THE BOARD OF ELECTIONS
SHALL FURNISH ONE APPLICATION FOR EARLY VOTING TO ANY VOTER WHO
PERSONALLY APPEARS AND WISHES TO EXERCISE THIS RIGHT. UPON COMPLETION OF
SUCH APPLICATION, TWO DULY DESIGNATED EMPLOYEES OF THE BOARD OF
ELECTIONS, ONE FROM EACH MAJOR POLITICAL PARTY REPRESENTED, SHALL
COMPARE THE INFORMATION OF THE VOTER WITH THE SIGNATURE ON THE VOTER'S
PERMANENT REGISTRATION RECORD, OR OTHER EVIDENCE OF IDENTIFICATION IF
COMPUTERIZED DUPLICATE REGISTRATION RECORDS ARE USED, AND SHALL ENDORSE
ON THE APPLICATION THAT SUCH REVIEW HAS BEEN COMPLETED. THE RESULTS OR
TABULATION OF VOTES CAST DURING AN EARLY VOTING PERIOD SHALL NOT BE MADE
BEFORE THE CLOSE OF ALL POLLING PLACES ON THE DATE OF THE ELECTION.
BALLOTS USED IN EARLY VOTING SHALL BE, AS NEARLY AS PRACTICABLE, THE
SAME FORM AS THOSE USED ON THE DATE OF THE ELECTION.
2. THE APPLICATION FOR EARLY VOTING SHALL REQUIRE AND INCLUDE THE
FOLLOWING IDENTIFYING INFORMATION:
(A) THE DATE OF THE PRIMARY OR GENERAL ELECTION,
(B) NAME OF THE BOARD OF ELECTIONS,
(C) THE NAME OF THE VOTER,
(D) RESIDENCE OF VOTER,
(E) NUMBER OF THE ASSEMBLY DISTRICT, IF ANY,
(F) NAME OF CITY OR TOWN, NUMBER OF WARD, IF ANY, AND
(G) ELECTION DISTRICT AND PARTY ENROLLMENT. THERE SHALL BE A PLACE FOR
TWO SIGNATURES OF PERSONS DESIGNATED TO INSPECT, ONE FROM EACH MAJOR
POLITICAL PARTY, THAT SUCH PERSONS HAVE CHECKED AND MARKED THE VOTER'S
REGISTRATION AND POLL RECORD. ON THE REVERSE SIDE OF SUCH APPLICATION
SHALL BE PRINTED THE FOLLOWING STATEMENT:
I DO DECLARE THAT I AM A CITIZEN OF THE UNITED STATES, THAT I AM DULY
REGISTERED IN THE ELECTION DISTRICT SHOWN ON THE REVERSE SIDE OF THIS
APPLICATION AND I AM QUALIFIED TO VOTE IN SUCH DISTRICT; THAT I DO NOT
INTEND TO VOTE ELSEWHERE, THAT I HAVE NOT COMMITTED ANY ACT NOR AM I
UNDER ANY IMPEDIMENT WHICH DENIES ME THE RIGHT TO VOTE. I HEREBY DECLARE
THAT THE FOREGOING IS A TRUE STATEMENT TO THE BEST OF MY KNOWLEDGE AND
BELIEF, AND I UNDERSTAND THAT IF I MAKE ANY MATERIAL FALSE STATEMENT IN
THE FOREGOING STATEMENT, I SHALL BE GUILTY OF A MISDEMEANOR.
(DATE)_________________
_______________________
(SIGNATURE AND ADDRESS OF VOTER)_______________________
_______________________________________________________
(WITNESS)______________________
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S 8-604. STATE BOARD OF ELECTIONS; POWERS AND DUTIES OF. ANY RULE OR
REGULATION NECESSARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS
TITLE SHALL BE PROMULGATED BY THE STATE BOARD OF ELECTIONS.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.