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

                                  9811

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee 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  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. THE BOARD OF ELECTIONS  SHALL  ASSIGN  STAFF  AND  PROVIDE  THE
RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
EXCEED THIRTY MINUTES.
  S  2.  Section  4-117  of  the election law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. THE NOTICE REQUIRED BY SUBDIVISION  ONE  OF  THIS  SECTION  SHALL
INCLUDE  THE  DATES, HOURS AND LOCATIONS OF EARLY VOTING FOR THE GENERAL
AND PRIMARY ELECTION. THE BOARD OF  ELECTIONS  MAY  SATISFY  THE  NOTICE
REQUIREMENT  OF THIS SUBDIVISION BY PROVIDING IN THE NOTICE INSTRUCTIONS
TO OBTAIN THE REQUIRED EARLY VOTING INFORMATION FROM A  WEBSITE  OF  THE
BOARD  OF ELECTIONS AND PROVIDING A PHONE NUMBER TO CALL FOR SUCH INFOR-
MATION.
  S 3. Subdivision 2 of section 8-100 of the election law, as amended by
chapter 335 of the laws of 2000, is amended to read as follows:
  2. Polls shall be open for voting during the following hours: a prima-
ry election from twelve o'clock noon until nine o'clock in the  evening,
except  in  the  city  of  New York and the counties of Nassau, Suffolk,
Westchester, Rockland, Orange, Putnam and Erie,  and  in  such  city  or
county from [six] SEVEN o'clock in the morning until nine o'clock in the
evening; the general election from six o'clock in the morning until nine

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

                                                           LBD14535-02-6

A. 9811                             2

o'clock in the evening; a special election called by the governor pursu-
ant  to  the  public  officers law, and, except as otherwise provided by
law, every other election, from [six] SEVEN o'clock in the morning until
nine  o'clock in the evening; EARLY VOTING HOURS SHALL BE AS PROVIDED IN
SECTION 8-600 OF THIS ARTICLE.
  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
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  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.
  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 EIGHTH DAY PRIOR TO ANY GENER-
AL, PRIMARY OR SPECIAL ELECTION FOR ANY  PUBLIC  OR  PARTY  OFFICE,  AND
ENDING ON AND INCLUDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR
SPECIAL  ELECTION  FOR  SUCH PUBLIC OR PARTY OFFICE, PERSONS DULY REGIS-
TERED AND ELIGIBLE TO VOTE AT SUCH ELECTION SHALL BE PERMITTED  TO  VOTE
AS  PROVIDED  IN THIS TITLE.   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  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. THERE SHALL BE SO DESIGNATED AT LEAST
ONE EARLY VOTING POLLING PLACE FOR EVERY FULL INCREMENT OF  FIFTY  THOU-
SAND  REGISTERED VOTERS IN EACH COUNTY; PROVIDED, HOWEVER, THE NUMBER OF
EARLY VOTING POLLING PLACES IN A COUNTY SHALL  NOT  BE  REQUIRED  TO  BE

A. 9811                             3

GREATER  THAN  SEVEN, AND A COUNTY WITH FEWER THAN FIFTY THOUSAND VOTERS
SHALL HAVE AT LEAST ONE EARLY VOTING POLLING PLACE.
  (B)  THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK MAY
ESTABLISH ADDITIONAL POLLING PLACES FOR EARLY VOTING IN  EXCESS  OF  THE
MINIMUM  NUMBER  REQUIRED  BY  THIS  SUBDIVISION  FOR THE CONVENIENCE OF
ELIGIBLE VOTERS WISHING TO VOTE DURING THE EARLY VOTING PERIOD.
  (C) NOTWITHSTANDING THE MINIMUM NUMBER  OF  EARLY  VOTING  POLL  SITES
OTHERWISE  REQUIRED  BY  THIS  SUBDIVISION,  FOR  ANY PRIMARY OR SPECIAL
ELECTION, UPON MAJORITY VOTE OF THE BOARD OF ELECTIONS,  THE  NUMBER  OF
EARLY  VOTING  SITES MAY BE REDUCED IF THE BOARD OF ELECTIONS REASONABLY
DETERMINES A LESSER NUMBER OF SITES IS SUFFICIENT TO MEET THE  NEEDS  OF
EARLY VOTERS.
  (D) 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 PERMITTED 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,
(A) 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 (B) IF PERMITTING SUCH PERSONS TO VOTE EARLY  AT  ANY  POLLING  PLACE
ESTABLISHED  FOR  EARLY  VOTING WOULD MAKE IT IMPRACTICAL 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  TO
BE  SERVED  BY  SUCH  POLLING  PLACE FOR EARLY VOTING, 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 ON A
SUBSTANTIALLY EQUAL BASIS.
  4. (A) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST  EIGHT  HOURS
BETWEEN  SEVEN  O'CLOCK  IN THE MORNING AND EIGHT 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  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 PURSUANT TO SUBDI-
VISION  THREE  OF  THIS  SECTION,  POLLING PLACES THAT REMAIN OPEN UNTIL
EIGHT O'CLOCK SHALL BE DESIGNATED SUCH THAT ANY PERSON ENTITLED TO  VOTE
EARLY  MAY  VOTE UNTIL 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) EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY
VOTING  AT  A  GENERAL ELECTION SHALL BE DESIGNATED BY MAY FIRST OF EACH
YEAR PURSUANT TO SUBDIVISION ONE  OF  SECTION  4-104  OF  THIS  CHAPTER.

A. 9811                             4

NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISION ONE OF SECTION 4-104 OF
THIS CHAPTER REQUIRING POLL SITE DESIGNATION BY MAY FIRST, EARLY  VOTING
POLLING  PLACES  AND  THEIR  HOURS  OF  OPERATION FOR EARLY VOTING FOR A
PRIMARY OR SPECIAL ELECTION SHALL BE MADE NOT LATER THAN FORTY-FIVE DAYS
BEFORE SUCH PRIMARY OR SPECIAL ELECTION.
  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 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 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 BE SECURED IN THE MANNER OF VOTED BALLOTS CAST ON ELECTION DAY AND
SUCH BALLOTS SHALL NOT BE CANVASSED OR EXAMINED UNTIL AFTER THE CLOSE OF
THE POLLS ON ELECTION DAY, AND NO  UNOFFICIAL  TABULATIONS  OF  ELECTION
RESULTS  SHALL  BE PRINTED OR VIEWED IN ANY MANNER UNTIL AFTER THE CLOSE
OF 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 CAST IN A
MANNER  CONSISTENT  WITH SECTION 9-110 OF THIS CHAPTER, EXCEPT THAT SUCH
BALLOTS WHICH CANNOT THEN BE CAST ON A  BALLOT  SCANNER  SHALL  BE  HELD
INVIOLATE AND UNEXAMINED AND SHALL BE DULY SECURED UNTIL AFTER THE CLOSE
OF  POLLS  ON  ELECTION  DAY  WHEN  SUCH  BALLOTS  SHALL BE EXAMINED AND
CANVASSED IN A MANNER CONSISTENT WITH SUBDIVISION TWO OF  SECTION  9-110
OF THIS CHAPTER.
  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 ON ELECTION DAY; PROVIDED, HOWEVER, THE STATE
BOARD OF ELECTIONS MAY BY REGULATION DULY ADOPTED BY A MAJORITY OF  SUCH
BOARD  ESTABLISH  A  PROCEDURE  WHEREBY  BALLOT  SCANNERS USED FOR EARLY
VOTING MAY ALSO BE USED ON ELECTION DAY IF THE PORTABLE  MEMORY  DEVICES
USED  DURING  EARLY VOTING CONTAINING THE EARLY VOTING ELECTION INFORMA-
TION AND VOTE TABULATIONS ARE PROPERLY SECURED APART FROM THE  SCANNERS,
AND  THE  RESULTS  THEREFROM  SHALL BE DULY CANVASSED AFTER THE CLOSE OF
POLLS ON ELECTION DAY.
  10. AFTER THE CLOSE OF POLLS ON ELECTION DAY, INSPECTORS OR  BOARD  OF
ELECTIONS  EMPLOYEES  APPOINTED  TO  CANVASS  BALLOTS  CAST DURING EARLY
VOTING 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 PLAC-
ES FOR EARLY VOTING, AND SECURING BALLOTS, SCANNERS, AND OTHER  ELECTION

A. 9811                             5

MATERIALS.  SUCH  CANVASS  MAY  OCCUR  AT  THE  OFFICES  OF THE BOARD OF
ELECTIONS, AT THE EARLY VOTING POLLING  PLACE  OR  SUCH  OTHER  LOCATION
DESIGNATED BY THE BOARD OF ELECTIONS.
  11.  NOTWITHSTANDING  THE  REQUIREMENTS  OF  THIS  TITLE REQUIRING THE
CANVASS OF BALLOTS CAST DURING EARLY VOTING AFTER THE CLOSE OF POLLS  ON
ELECTION DAY, SUCH CANVASS MAY BEGIN ONE HOUR BEFORE THE SCHEDULED CLOSE
OF  POLLS  ON ELECTION DAY PROVIDED THE BOARD OF ELECTIONS ADOPTS PROCE-
DURES TO PREVENT THE PUBLIC RELEASE OF ELECTION  RESULTS  PRIOR  TO  THE
CLOSE  OF  POLLS ON ELECTION DAY AND SUCH PROCEDURES SHALL BE CONSISTENT
WITH THE REGULATIONS OF THE STATE BOARD OF ELECTIONS AND SHALL BE  FILED
WITH THE STATE BOARD OF ELECTIONS AT LEAST THIRTY DAYS BEFORE THEY SHALL
BE EFFECTIVE.
  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 120 days or more after it shall have taken effect.