S T A T E   O F   N E W   Y O R K
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                                  4433

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A.  SILVER,  CUSICK,  WRIGHT,  GOTTFRIED, GLICK,
  CYMBROWITZ, BRENNAN, PERRY, COLTON -- Multi-Sponsored by -- M.  of  A.
  ABINANTI, BRAUNSTEIN, BUCHWALD, CAHILL, COOK, DINOWITZ, GALEF, HEVESI,
  JAFFEE,  KIM, LUPARDO, MAGNARELLI, MARKEY, PAULIN, RAMOS, SCARBOROUGH,
  SCHIMEL, SIMOTAS, SKOUFIS, SOLAGES, THIELE -- read once  and  referred
  to the Committee on Election Law

AN ACT to amend the election law, in relation to early voting

  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  SECTION,
ELECTION INSPECTORS OR POLL CLERKS, IF ANY, AT EARLY  VOTING  LOCATIONS,
SHALL  CONSIST  OF  EITHER  BOARD  OF  ELECTIONS  EMPLOYEES WHO SHALL BE
APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED  INDIVID-
UALS,  APPOINTED  IN THE MANNER SET FORTH IN THIS SECTION.  APPOINTMENTS
TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH EARLY  VOTING
LOCATION 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-
ING THE DAYS AND HOURS FOR EARLY VOTING AND THE LOCATIONS THEREFOR,  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02563-01-5
              

A. 4433                             2

place  where  he  appears  by his registration records to be entitled to
vote, the fact that voters who have moved or will have  moved  from  the
address  where  they  were  last registered 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  new  address  or
vote  by  paper  ballot at the polling place for his new address even if
such voter has not re-registered, 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 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 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 EARLY VOTING SITE SHALL BE CONDUCTED  IN  A  MANNER
CONSISTENT  WITH  THE  PROVISIONS OF THIS ARTICLE, WITH THE EXCEPTION OF
THE TABULATION AND PROCLAMATION  OF  ELECTION  RESULTS  WHICH  SHALL  BE
COMPLETED  ACCORDING  TO  SUBDIVISIONS  EIGHT,  NINE, AND TEN OF SECTION
8-600 OF THIS ARTICLE.
  S 4. 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 5. 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 chal-
lenged, 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 comput-
er generated registration list, a place for the inspectors  of  election
to enter such information.

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  S  6. 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 THIRD THURSDAY  PRIOR  TO  ANY
GENERAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE, AND THE SECOND THURSDAY
PRIOR TO ANY PRIMARY OR SPECIAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE,
AND  ENDING  ON THE THURSDAY IMMEDIATELY PRECEDING A GENERAL, PRIMARY OR
SPECIAL ELECTION FOR ANY 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. VOTERS WHO
CAST A VOTE AT AN EARLY VOTING SITE DURING THE EARLY VOTING PERIOD SHALL
BE PROHIBITED FROM VOTING ON ELECTION DAY.
  2. THE BOARD OF ELECTIONS OF EACH COUNTY SHALL DESIGNATE AT LEAST FIVE
POLLING SITES, INCLUDING THE BOARD OF ELECTIONS ITSELF, IN  EACH  COUNTY
OR  BOROUGH  IN THE CITY OF NEW YORK, FOR PERSONS TO VOTE EARLY PURSUANT
TO THIS SECTION. SUCH POLLING SITES SHALL BE GEOGRAPHICALLY  LOCATED  SO
AS  TO  PROVIDE  ALL VOTERS IN THE COUNTY AN EQUAL OPPORTUNITY TO CAST A
BALLOT, INSOFAR AS IS PRACTICABLE.  IN  THE  EVENT  THAT  THE  BOARD  OF
ELECTIONS  DETERMINES  THAT THE NUMBER OF EARLY VOTING SITES IS INSUFFI-
CIENT DUE TO THE NUMBER OF VOTERS WHO ARE VOTING  EARLY,  THE  BOARD  OF
ELECTIONS  MAY  ESTABLISH  ADDITIONAL EARLY VOTING SITES FOR THE CONVEN-
IENCE OF ELIGIBLE VOTERS WISHING TO VOTE AT  SUCH  EARLY  VOTING  SITES.
FURTHER,  THE  BOARD OF ELECTIONS SHALL GIVE ADEQUATE NOTICE TO ELIGIBLE
VOTERS OF SUCH ADDITIONAL EARLY VOTING SITES. THE PROVISIONS OF  SECTION
4-104  OF  THIS CHAPTER SHALL APPLY TO THE DESIGNATION OF POLLING PLACES
FOR EARLY VOTING EXCEPT WHERE SUCH PROVISIONS ARE INCONSISTENT WITH THIS
SUBDIVISION.
  3. ANY PERSON ENTITLED TO VOTE EARLY MAY DO SO  AT  ANY  EARLY  VOTING
SITE  ESTABLISHED  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION IN THE
COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE PROVIDED, HOWEVER,  IF  IT
IS  IMPRACTICAL  FOR THE COUNTY BOARD OF ELECTIONS TO PROVIDE EACH EARLY
VOTING SITE ALL APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON  IN
THE  COUNTY  OR  SUCH  BOARD  OF ELECTIONS IS UNABLE TO ENSURE THAT SUCH
VOTER HAS NOT PREVIOUSLY VOTED EARLY DURING SUCH ELECTION, THE BOARD  OF
ELECTIONS  SHALL  PROVIDE  APPROPRIATE  FORMS  OF BALLOTS ONLY FOR THOSE
VOTERS REGISTERED TO VOTE IN THE AREA SERVED BY SUCH EARLY  VOTING  SITE
AS DESIGNATED BY THE BOARD OF ELECTIONS.
  4.  POLLS  SHALL  BE  OPEN  FOR EARLY VOTING FROM EIGHT O'CLOCK IN THE
MORNING UNTIL EIGHT O'CLOCK IN THE EVENING EACH WEEK DAY AND  FROM  NINE
O'CLOCK  IN  THE MORNING UNTIL FIVE O'CLOCK IN THE AFTERNOON ON SATURDAY
AND SUNDAY. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  PROHIBIT  ANY
BOARD  OF ELECTIONS FROM EXTENDING HOURS FOR EARLY VOTING PAST THE TIMES
SPECIFIED HEREIN.
  5. THE BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION  PLAN  THAT  IS
EASILY ACCESSIBLE AND UNDERSTOOD BY ALL VOTERS. SUCH COMMUNICATIONS PLAN
SHALL  UTILIZE ANY AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA. INFOR-
MATION TO BE PROVIDED SHALL INCLUDE THE LOCATION  OF  ALL  EARLY  VOTING
SITES  AND  A  NOTATION  WHETHER  SUCH  SITES ARE ACCESSIBLE TO DISABLED
VOTERS, DATES AND HOURS OF OPERATION, A CLEAR AND UNAMBIGUOUS MESSAGE TO
VOTERS NOTIFYING THEM THAT IF SUCH VOTERS CAST A BALLOT DURING THE EARLY
VOTING PERIOD THEN THEY WILL NOT BE ALLOWED TO VOTE ON ELECTION DAY; AND
IF EARLY VOTING POLLING PLACES ARE REGIONALIZED PURSUANT TO  SUBDIVISION

A. 4433                             4

THREE  OF  THIS  SECTION, THE LOCATION OF THE EARLY VOTING POLLING PLACE
SERVING THE VOTERS OF ANY  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 NINE O'CLOCK IN THE EVENING 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 NINE
O'CLOCK IN THE EVENING ON ELECTION  DAY,  THE  REMOVABLE  ELECTRONIC  OR
COMPUTERIZED DEVICES IN USE BY ALL VOTING SCANNERS USED DURING THE EARLY
VOTING  PERIOD  SHALL  BE  PROCESSED,  IN A MANNER NOT INCONSISTENT WITH
ARTICLE NINE OF THIS CHAPTER, BY BIPARTISAN TEAMS OF BOARD OF  ELECTIONS
EMPLOYEES   OR  ELECTION  INSPECTORS  AS  DESIGNATED  BY  THE  BOARD  OF
ELECTIONS.  THEREAFTER, TABULATED RESULTS TAPES SHALL BE PRODUCED AND  A
CANVASS  SHEET  REFLECTING  THE  AGGREGATED VOTE RESULTS OF EARLY VOTING
SHALL BE COMPLETED AND SIGNED BY SAID BIPARTISAN CANVASS TEAMS.
  9. NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER, AT THE END OF  EACH
DAY  OF  EARLY VOTING, ANY EARLY VOTING BALLOTS THAT WERE NOT ABLE TO BE
SCANNED AT ANY EARLY VOTING SITE SHALL BE SCANNED BY A  BIPARTISAN  TEAM
OF  INSPECTORS  ASSIGNED  TO SUCH EARLY VOTE SITE. ANY SUCH BALLOTS THAT
REMAIN UNSCANNED BECAUSE THE SCANNER WAS UNAVAILABLE, OR BECAUSE  OF  AN
OVERVOTE  OR BLANK BALLOT WARNING ON THE BALLOT SCANNER SCREEN, SHALL BE
RETURNED TO THE BOARD OF ELECTIONS UNCOUNTED. AT  NINE  O'CLOCK  IN  THE
EVENING  ON  ELECTION  DAY  AT  THE  BOARD  OF ELECTIONS, SUCH UNSCANNED
BALLOTS SHALL BE CANVASSED BY BIPARTISAN TEAMS  OF  BOARD  OF  ELECTIONS
EMPLOYEES   OR  ELECTION  INSPECTORS  AS  DESIGNATED  BY  THE  BOARD  OF
ELECTIONS. THE VOTES FROM SUCH BALLOTS SHALL BE RECORDED ON TALLY SHEETS
AND BE SIGNED BY SAID BIPARTISAN CANVASS  TEAMS.  RESULTS  TABULATED  ON
SAID  TALLY SHEETS SHALL BE ADDED TO THE TABULATED RESULTS TAPES TOTALS,
AND THE SIGNED TALLY SHEETS SHALL  BE  AFFIXED  TO  CORRESPONDING  EARLY
VOTING CANVASS SHEETS.
  10.  UPON  THE  COMPLETION  OF THE CANVASS OF ALL EARLY VOTING BALLOTS
CAST, THE REMOVABLE ELECTRONIC OR COMPUTERIZED DEVICES USED IN ALL EARLY
VOTING SCANNERS SHALL BE USED TO PRODUCE THE UNOFFICIAL TALLY OF RESULTS
AS REQUIRED IN SECTION 9-126 OF THIS CHAPTER.
  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 7. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.