senate Bill S169

2011-2012 Legislative Session

Establishes no school shall serve as a polling place

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to elections
Jan 05, 2011 referred to elections

S169 - Bill Details

Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd ยง4-104, El L
Versions Introduced in 2009-2010 Legislative Session:
S319

S169 - Bill Texts

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Establishes no polling place shall be located on the premises of any public or private elementary or secondary school or a school for preschool children.

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BILL NUMBER:S169

TITLE OF BILL: An act to amend the election law, in relation to
establishing no school shall serve as a polling place

PURPOSE: This legislation would expressly prevent any elementary or
secondary school from being used as a poll site for any election.

SUMMARY OF PROVISIONS: Amends election law to state that no polling
place shall be located on the premise of any public or private
elementary or secondary school or a school for preschool children.

JUSTIFICATION: With today's fears of terrorism our polling sites make
prime targets. There were fears of attacks on poll sites during the
recent Iraqi elections. While these did not take place in large part
the fear was real and we in no ways should be putting our children in
harms way.

LEGISLATIVE HISTORY:
S.4947 of 2005; Referred to Senate Elections Committee
S.111 of 2007-2008; Referred to Senate Elections Committee
S.319 of 2009-2010; Referred to Senate Elections Committee

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE BATE: Immediately.

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

                                   169

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to establishing no  school
  shall serve as a polling place

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

  Section 1. Subdivision 3 of section 4-104  of  the  election  law,  as
amended  by chapter 694 of the laws of 1989, is amended and a new subdi-
vision 7-a is added to read as follows:
  3. A building exempt from taxation shall be used whenever possible  as
a  polling  place if it is situated in the same or a contiguous election
district, and may contain as many distinctly separate polling places  as
public  convenience  may require. The expense, if any, incidental to its
use, shall be paid like the expense of other places of registration  and
voting. [If a board or body empowered to designate polling places choos-
es  a public school building for such purpose, the board or agency which
controls such building must make available  a  room  or  rooms  in  such
building which are suitable for registration and voting and which are as
close  as  possible  to  a convenient entrance to such building and must
make available any such room or rooms which the board or body  designat-
ing  such  building  determines  are  accessible  to physically disabled
voters as provided in subdivision one-a.] Notwithstanding the provisions
of any general, special or local law, if a board or  body  empowered  to
designate  polling  places chooses a publicly owned or leased building[,
other than a public school building,] for such  purposes  the  board  or
body which controls such building must make available a room or rooms in
such  building  which are suitable for registration and voting and which
are as close as possible to a convenient entrance to such building,  and
must  make  available  any  such  room  or rooms which the board or body
designating such building determines are accessible to physically  disa-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01371-01-1

S. 169                              2

bled  voters  unless,  not  later  than  thirty days after notice of its
designation as a polling place,  the  board  or  body  controlling  such
building, files a written request for a cancellation of such designation
with  the  board  or  body empowered to designate polling places on such
form as shall be provided by the board or body making such  designation.
The  board  or  body empowered to so designate shall, within twenty days
after such request is filed, determine whether the use of such  building
as  a  polling  place would unreasonably interfere with the usual activ-
ities conducted in such building and upon such determination, may cancel
such designation.
  7-A. NO POLLING PLACE SHALL BE LOCATED ON THE PREMISES OF  ANY  PUBLIC
OR  PRIVATE  ELEMENTARY  OR  SECONDARY  SCHOOL OR A SCHOOL FOR PRESCHOOL
CHILDREN, AS THAT TERM IS DEFINED IN PARAGRAPH I OF SUBDIVISION  ONE  OF
SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW.
  S 2. This act shall take effect immediately.

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