NY State Assembly Bill A8582B

Archive: Last Bill Status - Passed Assembly

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

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2016	referred to rules delivered to senate passed assembly
Jun 08, 2016	ordered to third reading rules cal.172 rules report cal.172 reported
Jun 06, 2016	reported referred to rules
Jun 02, 2016	reported referred to ways and means
May 12, 2016	print number 8582b
May 12, 2016	amend (t) and recommit to election law
Jan 22, 2016	print number 8582a
Jan 22, 2016	amend and recommit to election law
Jan 06, 2016	referred to election law
Nov 18, 2015	referred to election law

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

A8582 - Details

See Senate Version of this Bill:: S3813
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 4-117, 8-100, 8-102, 8-104 & 8-508, add Art 8 Title 6 §§8-600 - 8-602, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1461
2017-2018: A2064, A9608, S2950
2019-2020: A780

A8582 - Summary

Relates to early voting; provides that beginning the eighth day prior to any election and ending on and including the second day prior to the election a person duly registered and eligible to vote shall be permitted to vote.

A8582 - Bill Text download pdf

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

                                  8582

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            November 18, 2015
                               ___________

Introduced by M. of A. KAVANAGH, CUSICK -- read once and referred to the
  Committee on Election Law

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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13193-01-5

A. 8582                             2

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
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.

A. 8582                             3

  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.
  (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

A. 8582                             4

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.
  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

A. 8582                             5

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.

Co-Sponsors

A8582A - Details

See Senate Version of this Bill:: S3813
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 4-117, 8-100, 8-102, 8-104 & 8-508, add Art 8 Title 6 §§8-600 - 8-602, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1461
2017-2018: A2064, A9608, S2950
2019-2020: A780

A8582A - Summary

A8582A - Bill Text download pdf

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

                                 8582--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            November 18, 2015
                               ___________

Introduced by M. of A. KAVANAGH, CUSICK, BLAKE -- read once and referred
  to  the  Committee  on Election Law -- recommitted to the Committee on
  Election Law in accordance with Assembly Rule 3, sec. 2  --  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.  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13193-02-6

A. 8582--A                          2

  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
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.

A. 8582--A                          3

  S  8-600.  EARLY  VOTING. 1. BEGINNING THE THIRTEENTH DAY PRIOR TO ANY
GENERAL, 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
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.

A. 8582--A                          4

  (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.
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  ANY
BALLOTS THAT WOULD OTHERWISE BE SCANNED AT THE CLOSE OF THE POLLS PURSU-
ANT  TO  SUCH  SECTION SHALL BE SCANNED AT THE CLOSE OF EACH DAY'S EARLY
VOTING.

A. 8582--A                          5

  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 120 days or more after it shall have taken effect.

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A8582B (ACTIVE) - Details

See Senate Version of this Bill:: S3813
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 4-117, 8-100, 8-102, 8-104 & 8-508, add Art 8 Title 6 §§8-600 - 8-602, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1461
2017-2018: A2064, A9608, S2950
2019-2020: A780

A8582B (ACTIVE) - Summary

A8582B (ACTIVE) - Bill Text download pdf

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

                                 8582--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            November 18, 2015
                               ___________

Introduced  by  M.  of  A.  KAVANAGH,  CUSICK,  BLAKE, SIMON, BENEDETTO,
  LINARES, SEPULVEDA, DINOWITZ, ROSENTHAL, GOTTFRIED, QUART -- read once
  and referred to the Committee on Election Law --  recommitted  to  the
  Committee  on  Election Law in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee with amendments, ordered reprinted as amended and  recommitted  to
  said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13193-03-6

A. 8582--B                          2

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
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

A. 8582--B                          3

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
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.

A. 8582--B                          4

  (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.
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

A. 8582--B                          5

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
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.

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The New York State Senate

assembly Bill A8582B

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A8582A - Details

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assembly Bill A8582B

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Sponsored By

KAVANAGH

Archive: Last Bill Status - Passed Assembly

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Bill Amendments

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Michael Cusick

Michael Blake

A8582 - Details

A8582 - Summary

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Michael Cusick

Michael Blake

Jo Anne Simon

Michael Benedetto

Guillermo Linares

Luis R. Sepúlveda

Jeffrey Dinowitz

Linda Rosenthal

Richard Gottfried

Dan Quart

A8582A - Details

A8582A - Summary

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Co-Sponsors

Michael Cusick

Michael Blake

Jo Anne Simon

Michael Benedetto

Guillermo Linares

Luis R. Sepúlveda

Jeffrey Dinowitz

Linda Rosenthal

Richard Gottfried

Dan Quart

John T. McDonald III

Patricia Fahy

Steven Otis

Donna Lupardo

N. Nick Perry

Thomas Abinanti

Nily Rozic

Sandy Galef

Ellen C. Jaffee

Barbara Lifton

Edward Braunstein

Amy Paulin

William Colton

Kevin Cahill

Andrew Hevesi

Michaelle C. Solages

Vivian Cook

Philip Ramos

James Skoufis

Steven Cymbrowitz

Multi-Sponsors

David Buchwald

Joseph Lentol

William Magee

Fred Thiele

A8582B (ACTIVE) - Details

A8582B (ACTIVE) - Summary

A8582B (ACTIVE) - Bill Text download pdf

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