S T A T E O F N E W Y O R K
________________________________________________________________________
3813--A
2015-2016 Regular Sessions
I N S E N A T E
February 18, 2015
___________
Introduced by Sens. STEWART-COUSINS, AVELLA, COMRIE, GIANARIS, HOYLMAN,
KRUEGER, PERALTA, PERKINS, SANDERS, SERRANO, SQUADRON, STAVISKY --
read twice and ordered printed, and when printed to be committed to
the Committee on Elections -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to early voting; and to
repeal certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3-400 of the election law is amended by adding a
new subdivision 9 to read as follows:
9. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS ARTICLE,
ELECTION INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR EARLY
VOTING, SHALL CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES WHO SHALL
BE APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED INDI-
VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS
TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
FOR EARLY VOTING SHALL BE EQUALLY DIVIDED BETWEEN THE MAJOR POLITICAL
PARTIES.
S 2. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
1. The board of elections, between August first and August fifth of
each year, shall send by first class mail on which is endorsed "ADDRESS
CORRECTION REQUESTED" and which contains a request that any such mail
received for persons not residing at the address be dropped back in the
mail, a communication, in a form approved by the state board of
elections, to every registered voter who has been registered without a
change of address since the beginning of such year, except that the
board of elections shall not be required to send such communications to
voters in inactive status. The communication shall notify the voter of
the days and hours of the ensuing primary and general elections, INCLUD-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02563-02-5
S. 3813--A 2
ING THE DAYS AND HOURS FOR EARLY VOTING, the place where he OR SHE
appears by his OR HER registration records to be entitled to vote,
INCLUDING POLLING PLACES FOR EARLY VOTING, the fact that voters who have
moved or will have moved from the address where they were last regis-
tered must re-register or, that if such move was to another address in
the same county or city, that such voter may either notify the board of
elections of his OR HER new address or vote by paper ballot at the poll-
ing place for his OR HER new address even if such voter has not re-re-
gistered, or otherwise notified the board of elections of the change of
address. If the location of the polling place for the voter's election
district has been moved, the communication shall contain the following
legend in bold type: "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE
AT..........". The communication shall also indicate whether the polling
place is accessible to physically disabled voters, that a voter who will
be out of the city or county on the day of the primary or general
election or a voter who is ill or physically disabled may obtain an
absentee ballot, that a physically disabled voter whose polling place is
not accessible may request that his OR HER registration record be moved
to an election district which has a polling place which is accessible,
the phone number to call for applications to move a registration record
or for absentee ballot applications, the phone number to call for the
location of registration and polling places, the phone number to call to
indicate that the voter is willing to serve on election day as an
election inspector, poll clerk, interpreter or in other capacities, the
phone number to call to obtain an application for registration by mail,
and such other information concerning the elections or registration as
the board may include. In lieu of sending such communication to every
registered voter, the board of elections may send a single communication
to a household containing more than one registered voter, provided that
the names of all such voters appear as part of the address on such
communication.
S 3. Subdivision 2 of section 8-100 of the election law is REPEALED
and a new subdivision 2 is added to read as follows:
2. (A) THE BOARD OF ELECTIONS OF EACH COUNTY AND OF THE CITY OF NEW
YORK SHALL DESIGNATE HOURS POLLS SHALL BE OPEN FOR VOTING, SUBJECT TO
THE REQUIREMENTS OF THIS SUBDIVISION.
(B) IN THE CITY OF NEW YORK OR IN THE COUNTY OF NASSAU, SUFFOLK, WEST-
CHESTER, ROCKLAND, ORANGE, PUTNAM OR ERIE, FOR A PRIMARY ELECTION, THE
DESIGNATED TIME POLLS SHALL OPEN SHALL BE NO EARLIER THAN SIX O'CLOCK
AND NO LATER THAN SEVEN O'CLOCK IN THE MORNING.
(C) IN ANY COUNTY OTHER THAN IN THE CITY OF NEW YORK OR THE COUNTIES
OF NASSAU, SUFFOLK, WESTCHESTER, ROCKLAND, ORANGE, PUTNAM OR ERIE, FOR A
PRIMARY ELECTION THE DESIGNATED TIME POLLS SHALL OPEN SHALL BE NO EARLI-
ER THAN ELEVEN O'CLOCK IN THE MORNING AND NO LATER THAN TWELVE O'CLOCK
NOON.
(D) FOR A GENERAL, SPECIAL, OR OTHER ELECTION, EXCEPT AS OTHERWISE
PROVIDED BY LAW, THE DESIGNATED TIME POLLS SHALL OPEN SHALL BE NO EARLI-
ER THAN SIX O'CLOCK AND NO LATER THAN SEVEN O'CLOCK IN THE MORNING.
(E) FOR ANY PRIMARY, GENERAL, SPECIAL, OR OTHER ELECTION, EXCEPT AS
OTHERWISE PROVIDED BY LAW, THE DESIGNATED TIME POLLS SHALL CLOSE SHALL
BE NO EARLIER THAN EIGHT O'CLOCK AND NO LATER THAN NINE O'CLOCK IN THE
EVENING.
S 4. Subdivision 1 of section 8-102 of the election law is amended by
adding a new paragraph (k) to read as follows:
(K) VOTING AT EACH POLLING PLACE FOR EARLY VOTING SHALL BE CONDUCTED
IN A MANNER CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, WITH THE
S. 3813--A 3
EXCEPTION OF THE TABULATION AND PROCLAMATION OF ELECTION RESULTS WHICH
SHALL BE COMPLETED ACCORDING TO SUBDIVISIONS EIGHT AND NINE OF SECTION
8-600 OF THIS ARTICLE.
S 5. Section 8-104 of the election law is amended by adding a new
subdivision 7 to read as follows:
7. THIS SECTION SHALL APPLY ON ALL EARLY VOTING DAYS AS PROVIDED FOR
IN SECTION 8-600 OF THIS ARTICLE.
S 6. Paragraph (b) of subdivision 2 of section 8-508 of the election
law, as amended by chapter 200 of the laws of 1996, is amended to read
as follows:
(b) The second section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each person who is challenged on the day of election OR ON ANY DAY IN
WHICH THERE IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
together with the reason for the challenge. If no voters are challenged,
the board of inspectors shall enter the words "No Challenges" across the
space reserved for such names. In lieu of preparing section two of the
challenge report, the board of elections may provide, next to the name
of each voter on the computer generated registration list, a place for
the inspectors of election to record the information required to be
entered in such section two, or provide at the end of such computer
generated registration list, a place for the inspectors of election to
enter such information.
S 7. 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.
8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY
VOTING.
S 8-600. EARLY VOTING. 1. BEGINNING THE FOURTEENTH DAY PRIOR TO ANY
GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE, AND
ENDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR SPECIAL ELECTION
FOR SUCH PUBLIC OR PARTY OFFICE, PERSONS DULY REGISTERED AND ELIGIBLE TO
VOTE FOR CANDIDATES FOR SUCH OFFICE SHALL BE PERMITTED TO VOTE IN PERSON
BY BALLOT FOR A CANDIDATE FOR SUCH OFFICE. THE BOARD OF ELECTIONS OF
EACH COUNTY AND THE CITY OF NEW YORK SHALL ESTABLISH PROCEDURES, SUBJECT
TO APPROVAL OF THE STATE BOARD OF ELECTIONS, TO ENSURE THAT PERSONS WHO
VOTE DURING THE EARLY VOTING PERIOD SHALL NOT BE PERMITTED TO VOTE
SUBSEQUENTLY IN THE SAME ELECTION.
2. (A) THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK
SHALL DESIGNATE ONE OR MORE POLLING PLACES FOR EARLY VOTING IN EACH
COUNTY, WHICH MAY INCLUDE THE OFFICES OF THE BOARD OF ELECTIONS, FOR
PERSONS TO VOTE EARLY PURSUANT TO THIS SECTION.
(B) A COUNTY WITH A POPULATION OF LESS THAN ONE HUNDRED FIFTY THOUSAND
SHALL HAVE ONE POLLING PLACE FOR EARLY VOTING DESIGNATED IN THE COUNTY.
(C) A COUNTY WITH A POPULATION OF ONE HUNDRED FIFTY THOUSAND OR MORE
AND LESS THAN THREE HUNDRED FIFTY THOUSAND SHALL HAVE THREE POLLING
PLACES FOR EARLY VOTING DESIGNATED IN THE COUNTY.
(D) A COUNTY WITH A POPULATION OF THREE HUNDRED FIFTY THOUSAND OR MORE
AND LESS THAN FIVE HUNDRED FIFTY THOUSAND SHALL HAVE FIVE POLLING PLACES
FOR EARLY VOTING DESIGNATED IN THE COUNTY.
(E) A COUNTY WITH A POPULATION OF FIVE HUNDRED FIFTY THOUSAND OR MORE
SHALL HAVE SEVEN POLLING PLACES FOR EARLY VOTING DESIGNATED IN THE COUN-
TY.
S. 3813--A 4
(F) IN ADDITION TO THE POLLING PLACES FOR EARLY VOTING REQUIRED IN
THIS SUBDIVISION, THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF
NEW YORK MAY ESTABLISH ADDITIONAL POLLING PLACES FOR EARLY VOTING FOR
THE CONVENIENCE OF ELIGIBLE VOTERS WISHING TO VOTE DURING THE EARLY
VOTING PERIOD.
(G) IN THE CITY OF NEW YORK THE BOARD OF ELECTIONS MAY DESIGNATE, WITH
THE UNANIMOUS APPROVAL OF THE COMMISSIONERS FOR THE FIVE COUNTIES THERE-
OF, POLLING PLACES FOR EARLY VOTING ON A CITYWIDE BASIS, SUCH THAT THE
AGGREGATE NUMBER OF SUCH POLLING PLACES EQUALS OR EXCEEDS THE SUM OF THE
SITES OTHERWISE REQUIRED BY THIS SECTION FOR THE FIVE COUNTIES, WITHOUT
DESIGNATING THE NUMBER OTHERWISE REQUIRED TO BE DESIGNATED IN EACH COUN-
TY.
(H) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED TO ENSURE, TO THE
EXTENT PRACTICABLE, THAT ELIGIBLE VOTERS HAVE ADEQUATE EQUITABLE ACCESS,
TAKING INTO CONSIDERATION POPULATION DENSITY, TRAVEL TIME TO THE POLLING
PLACE, PROXIMITY TO OTHER LOCATIONS OR COMMONLY USED TRANSPORTATION
ROUTES AND SUCH OTHER FACTORS THE BOARD OF ELECTIONS OF THE COUNTY OR
THE CITY OF NEW YORK DEEMS APPROPRIATE. THE PROVISIONS OF SECTION 4-104
OF THIS CHAPTER, EXCEPT SUBDIVISIONS FOUR AND FIVE OF SUCH SECTION,
SHALL APPLY TO THE DESIGNATION OF POLLING PLACES FOR EARLY VOTING EXCEPT
TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT WITH THIS SECTION.
3. ANY PERSON ENTITLED TO VOTE EARLY MAY DO SO AT ANY POLLING PLACE
FOR EARLY VOTING ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
IN THE COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE PROVIDED, HOWEVER,
IF IT IS IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY VOTING ALL
APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON IN THE COUNTY OR TO
ENSURE THAT SUCH VOTER HAS NOT PREVIOUSLY VOTED EARLY DURING SUCH
ELECTION, THE BOARD OF ELECTIONS MAY DESIGNATE EACH POLLING PLACE FOR
EARLY VOTING ONLY FOR THOSE VOTERS REGISTERED TO VOTE IN A PORTION OF
THE COUNTY SERVED BY SUCH POLLING PLACE, PROVIDED THAT ALL VOTERS IN
EACH COUNTY SHALL HAVE ONE OR MORE POLLING PLACES AT WHICH THEY ARE
ELIGIBLE TO VOTE THROUGHOUT THE EARLY VOTING PERIOD.
4. (A) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST EIGHT HOURS
BETWEEN SIX O'CLOCK IN THE MORNING AND NINE O'CLOCK IN THE EVENING EACH
WEEK DAY DURING THE EARLY VOTING PERIOD.
(B) AT LEAST ONE POLLING PLACE FOR EARLY VOTING SHALL REMAIN OPEN
UNTIL NO EARLIER THAN EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK
DAYS IN EACH CALENDAR WEEK DURING THE EARLY VOTING PERIOD. IF POLLING
PLACES FOR EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSU-
ANT TO SUBDIVISION THREE OF THIS SECTION, POLLING PLACES THAT REMAIN
OPEN UNTIL NO EARLIER THAN EIGHT O'CLOCK SHALL BE DESIGNATED SUCH THAT
ANY PERSON ENTITLED TO VOTE EARLY MAY VOTE UNTIL NO EARLIER THAN EIGHT
O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK DAYS DURING THE EARLY VOTING
PERIOD.
(C) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST FIVE HOURS
BETWEEN NINE O'CLOCK IN THE MORNING AND SIX O'CLOCK IN THE EVENING ON
EACH SATURDAY, SUNDAY AND LEGAL HOLIDAY DURING THE EARLY VOTING PERIOD.
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY BOARD
OF ELECTIONS FROM ESTABLISHING A GREATER NUMBER OF HOURS FOR VOTING
DURING THE EARLY VOTING PERIOD BEYOND THE NUMBER OF HOURS REQUIRED IN
THIS SUBDIVISION.
(E) HOURS OF OPERATION FOR POLLING PLACES FOR EARLY VOTING SHALL BE
DESIGNATED BY MAY FIRST OF EACH YEAR, ALONG WITH THE DESIGNATION OF
POLLING PLACES PURSUANT TO SUBDIVISION ONE OF SECTION 4-104 OF THIS
CHAPTER, AND SHALL BE EFFECTIVE FOR ONE YEAR THEREAFTER.
S. 3813--A 5
5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY. SUCH PLAN MAY UTILIZE
ANY AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL PUBLICIZE:
THE LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES FOR
EARLY VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS ACCESSIBLE
TO VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE TO
VOTERS THAT IF THEY CAST A BALLOT DURING THE EARLY VOTING PERIOD THEY
WILL NOT BE ALLOWED TO VOTE ON ELECTION DAY; AND IF POLLING PLACES FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION, THE LOCATION OF THE POLLING PLACES FOR
EARLY VOTING SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN OR OTHER
POLITICAL SUBDIVISION.
6. THE FORM OF PAPER BALLOTS, IF USED IN EARLY VOTING, SHALL COMPLY
WITH THE PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE APPLICABLE
TO VOTING BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE CAST
IN THE SAME MANNER AS PROVIDED FOR IN SECTION 8-312 OF THIS ARTICLE,
PROVIDED HOWEVER THAT BALLOTS CAST DURING THE EARLY VOTING PERIOD SHALL
NOT BE CANVASSED UNTIL AFTER THE CLOSE OF THE POLLS ON ELECTION DAY.
7. VOTERS CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE SUBJECT TO
CHALLENGE AS PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF THIS ARTI-
CLE.
8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
EACH DAY OF EARLY VOTING, ANY EARLY VOTING BALLOTS THAT HAVE NOT BEEN
SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CANVASSED
IN A MANNER CONSISTENT WITH SECTION 9-110 OF THIS CHAPTER, EXCEPT THAT
ANY BALLOTS THAT WOULD OTHERWISE BE SCANNED AT THE CLOSE OF THE POLLS
PURSUANT TO SUCH SECTION SHALL BE SCANNED AT THE CLOSE OF EACH DAY'S
EARLY VOTING.
9. THE BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND SCANNERS USED
FOR EARLY VOTING FROM THE BEGINNING OF THE EARLY VOTING PERIOD THROUGH
THE CLOSE OF THE POLLS OF THE ELECTION ON ELECTION DAY. AS SOON AS THE
POLLS OF THE ELECTION ARE CLOSED ON ELECTION DAY, AND NOT BEFORE,
INSPECTORS OR BOARD OF ELECTIONS EMPLOYEES SHALL FOLLOW ALL RELEVANT
PROVISIONS OF ARTICLE NINE OF THIS CHAPTER THAT ARE NOT INCONSISTENT
WITH THIS SECTION, FOR CANVASSING, PROCESSING, RECORDING, AND ANNOUNCING
RESULTS OF VOTING AT POLLING PLACES FOR EARLY VOTING, AND SECURING
BALLOTS, SCANNERS, AND OTHER ELECTION MATERIALS.
S 8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY VOTING.
ANY RULE OR REGULATION NECESSARY FOR THE IMPLEMENTATION OF THE
PROVISIONS OF THIS TITLE SHALL BE PROMULGATED BY THE STATE BOARD OF
ELECTIONS PROVIDED THAT SUCH RULES AND REGULATIONS SHALL INCLUDE
PROVISIONS TO ENSURE THAT BALLOTS CAST EARLY, BY ANY METHOD ALLOWED
UNDER LAW, ARE COUNTED AND CANVASSED AS IF CAST ON ELECTION DAY. THE
STATE BOARD OF ELECTIONS SHALL PROMULGATE ANY OTHER RULES AND REGU-
LATIONS NECESSARY TO ENSURE AN EFFICIENT AND FAIR EARLY VOTING PROCESS
THAT RESPECTS THE PRIVACY OF THE VOTER. PROVIDED FURTHER THAT SUCH RULES
AND REGULATIONS SHALL REQUIRE THAT THE VOTING HISTORY RECORD FOR EACH
VOTER BE CONTINUALLY UPDATED TO REFLECT EACH INSTANCE OF EARLY VOTING BY
SUCH VOTER.
S 8. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to any
election held one hundred twenty days or more after it shall have taken
effect.