S T A T E O F N E W Y O R K
________________________________________________________________________
4565
2017-2018 Regular Sessions
I N A S S E M B L Y
February 3, 2017
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Introduced by M. of A. CURRAN -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to primary and secondary
schools being used as polling places
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 4-104 of the election law, as
amended by chapter 180 of the laws of 2005, is amended to read as
follows:
1. Every board of elections shall, in consultation with each city,
town and village, designate the polling places in each election district
in which the meetings for the registration of voters, and for any
election may be held. The board of trustees of each village in which
general and special village elections conducted by the board of
elections are held at a time other than the time of a general election
shall submit such a list of polling places for such village elections to
the board of elections. A polling place may be located in a building
owned by a religious organization or used by it as a place of worship.
If such a building is designated as a polling place, it shall not be
required to be open for voter registration on any Saturday if this is
contrary to the religious beliefs of the religious organization. In such
a situation, the board of elections shall designate an alternate
location to be used for voter registration. A POLLING PLACE MAY BE
LOCATED IN A BUILDING UTILIZED FOR PRIMARY OR SECONDARY SCHOOL INSTRUC-
TION. IF SUCH A BUILDING IS DESIGNATED AS A POLLING PLACE, IT SHALL NOT
BE REQUIRED TO BE OPEN FOR VOTER REGISTRATION OR AS A POLLING PLACE IF
THE SCHOOL IS IN SESSION AND MINORS ARE SCHEDULED TO BE PRESENT ON SUCH
DAY. IN SUCH A SITUATION, THE BOARD OF ELECTIONS SHALL DESIGNATE AN
ALTERNATE LOCATION TO BE USED FOR VOTER REGISTRATION AND AS A POLLING
PLACE. Such polling places must be designated by May first, of each
year, and shall be effective for one year thereafter. Such a list
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08561-01-7
A. 4565 2
required to be submitted by a village board of trustees must be submit-
ted at least four months before each general village election and shall
be effective until four months before the subsequent general village
election. No place in which a business licensed to sell alcoholic bever-
ages for on premises consumption is conducted on any day of local regis-
tration or of voting shall be so designated. If, within the discretion
of the board of elections a particular polling place so designated is
subsequently found to be unsuitable or unsafe or should circumstances
arise that make a designated polling place unsuitable or unsafe, then
the board of elections is empowered to select an alternative meeting
place. In the city of New York, the board of elections shall designate
such polling places and alternate registration places if the polling
place cannot be used for voter registration on Saturdays.
§ 2. This act shall take effect immediately.