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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jan 03, 2018 |
referred to election law |
| Feb 08, 2017 |
referred to election law |
Assembly Bill A5312
2017-2018 Legislative Session
Establishes the New York votes act; repealer
download bill text pdfSponsored By
CUSICK
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Latrice Walker
Daniel O'Donnell
Thomas Abinanti
Sandy Galef
David Buchwald
Barbara Lifton
Kenneth Zebrowski
Robert C. Carroll
Donna Lupardo
Frank Skartados
Rebecca Seawright
Michael Blake
Amy Paulin
Harry B. Bronson
Ellen C. Jaffee
Nily Rozic
Phil Steck
Walter T. Mosley
Jo Anne Simon
Richard Gottfried
Steven Otis
Alicia Hyndman
Felix Ortiz
Victor M. Pichardo
Luis R. Sepúlveda
Carmen De La Rosa
Dan Quart
Kimberly Jean-Pierre
Clyde Vanel
Maritza Davila
Aravella Simotas
multi-Sponsors
Joseph Lentol
Matthew Titone
2017-A5312 (ACTIVE) - Details
- Current Committee:
- Assembly Election Law
- Law Section:
- Election Law
- Laws Affected:
- Amd El L, generally; amd §75, add §510, Cor L; amd §42, Pub Off L
2017-A5312 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5312
2017-2018 Regular Sessions
I N A S S E M B L Y
February 8, 2017
___________
Introduced by M. of A. CUSICK, KAVANAGH, WALKER, O'DONNELL, ABINANTI,
GALEF, BUCHWALD, LIFTON, ZEBROWSKI, CARROLL -- (at request of the
Department of Law) -- read once and referred to the Committee on
Election Law
AN ACT to amend the election law, in relation to establishing an elec-
tronic registration process integrated within designated agency appli-
cations (Part A); to amend the election law, in relation to establish-
ing an electronic personal voter registration and absentee ballot
application process (Part B); to amend the election law, in relation
to student voting, transfer of registrations, affidavit ballots,
moving deadlines and access to records (Part C); to amend the election
law, in relation to allowing for polling place voter registration for
any qualified person who is not registered to vote (Part D); to amend
the election law, in relation to qualified absentee voters and to
repeal certain provisions of such law relating thereto (Part E); to
amend the election law, in relation to completing and filing watcher
certificates and the form and manner of challenges of voter qualifica-
tions (Part F); to amend the election law, in relation to mandatory
core curriculum and language access; and to amend the election law, in
relation to mandatory training curriculum for election commissioners,
key staff of boards of elections and poll workers (Part G); to amend
the election law, in relation to early voting (Part H); to amend the
election law and the correction law, in relation to voting by
convicted felons (Part I); to amend the election law, in relation to
additional days of voting as a result of emergencies (Part J); to
amend the election law, in relation to primary elections and amending
certain deadlines to facilitate the timely transmission of ballots to
military voters stationed overseas and in relation to date of primary
elections; and to amend the public officers law, in relation to fill-
ing vacancies in elective offices (Part K); and to amend the election
law, in relation to the reimbursement to counties and the city of New
York of certain additional costs associated with implementation and
administration of the New York votes act (Part L)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07824-05-7
A. 5312 2
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to enact the New York votes act. Each component is
wholly contained within a Part identified as Parts A through L. The
effective date for each particular provision contained within such Part
is set forth in the last section of such Part. Any provision in any
section contained within a Part, including the effective date of the
Part, which makes reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in which it is found.
Section four of this act sets forth the general effective date of this
act.
§ 2. This act shall be known and may be cited as the "New York votes
act".
PART A
Section 1. Article 5 of the election law is amended by adding a new
title 9 to read as follows:
TITLE IX
AUTOMATIC ELECTRONIC VOTER REGISTRATION PROCESS
SECTION 5-900. INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION
REQUIRED.
5-902. AUTOMATIC REINSTATEMENT AFTER FORFEITURE.
5-904. FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO PREVENT
REGISTRATION.
5-906. PRESUMPTION OF INNOCENT AUTHORIZED ERROR.
5-908. FORMS.
§ 5-900. INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION REQUIRED.
1. IN ADDITION TO ANY OTHER METHOD OF VOTER REGISTRATION PROVIDED FOR BY
THIS CHAPTER, STATE AND LOCAL AGENCIES DESIGNATED IN SUBDIVISION TEN OF
THIS SECTION SHALL PROVIDE TO THE STATE BOARD OF ELECTIONS VOTER REGIS-
TRATION QUALIFICATION INFORMATION ASSOCIATED WITH EACH PERSON WHO
SUBMITS AN APPLICATION FOR SERVICES AT SUCH AGENCY, OR WHO NOTIFIES THE
AGENCY OF A CHANGE OF ADDRESS OR NAME. SUCH DESIGNATED AGENCIES SHALL
ENSURE AGENCY APPLICATIONS SUBSTANTIALLY INCLUDE ALL OF THE ELEMENTS
REQUIRED BY SECTION 5-210 OF THIS ARTICLE, INCLUDING THE APPROPRIATE
ATTESTATION, SO THAT PERSONS COMPLETING SUCH APPLICATIONS SHALL BE ABLE
TO ALSO SUBMIT AN APPLICATION TO REGISTER TO VOTE THROUGH THE ELECTRONIC
VOTER REGISTRATION TRANSMITTAL SYSTEM. FOR PURPOSES OF THIS SECTION,
"AGENCY" SHALL MEAN ANY STATE OR LOCAL AGENCY, DEPARTMENT, DIVISION,
OFFICE, INSTITUTION OR OTHER ENTITY DESIGNATED BY THE STATE BOARD OF
ELECTIONS PURSUANT TO SUBDIVISION TEN OF THIS SECTION.
2. FOR EACH APPLICATION SUBMITTED TO THE AGENCY, WHETHER ELECTRON-
ICALLY OR ON PAPER, THE AGENCY SHALL TRANSMIT TO THE STATE BOARD OF
ELECTIONS THROUGH AN INTERFACE WITH THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM ESTABLISHED AND MAINTAINED BY THE STATE BOARD OF
ELECTIONS THAT PORTION OF THE APPLICATION THAT INCLUDES VOTER REGISTRA-
TION INFORMATION. THE STATE BOARD OF ELECTIONS SHALL ELECTRONICALLY
FORWARD SUCH APPLICATION TO THE APPLICABLE BOARD OF ELECTIONS OF EACH
COUNTY OR THE CITY OF NEW YORK FOR FILING, PROCESSING AND VERIFICATION
CONSISTENT WITH THIS CHAPTER.
3. AN INTEGRATED VOTER REGISTRATION FORM SUBMITTED TO AN AGENCY IN
PAPER FORMAT SHALL BE TRANSMITTED TO THE STATE BOARD OF ELECTIONS
A. 5312 3
THROUGH AN ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM BY CONVERT-
ING THE PAPER FORM TO AN IMAGE FILE OR A PORTABLE DOCUMENT FORMAT FILE
WHICH SHALL THEREAFTER BE DEEMED THE ORIGINAL FORM FOR VOTER REGISTRA-
TION AND ENROLLMENT PURPOSES. THE AGENCY SHALL RETAIN THE COMPLETE
ORIGINAL PAPER APPLICATION FOR NO LESS THAN TWO YEARS. THE TRANSMITTAL
OF THE CONVERTED PAPER APPLICATION MAY INCLUDE OR BE ACCOMPANIED BY DATA
ELEMENTS AND TRANSMITTAL INFORMATION AS REQUIRED BY THE RULES AND REGU-
LATIONS OF THE STATE BOARD OF ELECTIONS.
4. AN INTEGRATED VOTER REGISTRATION APPLICATION SUBMITTED TO AN AGENCY
IN AN ELECTRONIC FORMAT SHALL BE TRANSMITTED TO THE STATE BOARD OF
ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM
AND SHALL INCLUDE ALL OF THE VOTER REGISTRATION DATA ELEMENTS, INCLUDING
ELECTRONIC SIGNATURE, AS APPLICABLE, AND RECORD OF ATTESTATION OF THE
ACCURACY OF THE VOTER REGISTRATION INFORMATION AND ANY RELEVANT DOCUMENT
IMAGES.
5. INFORMATION FROM THE VOTER RELEVANT TO BOTH VOTER REGISTRATION AND
THE AGENCY APPLICATION SHALL BE ENTERED BY THE VOTER ONLY ONCE UPON AN
APPLICATION.
6. THE AGENCY SHALL REDACT OR REMOVE FROM THE COMPLETED INTEGRATED
APPLICATION TO BE TRANSMITTED TO THE STATE BOARD OF ELECTIONS ANY INFOR-
MATION SOLELY APPLICABLE TO THE AGENCY APPLICATION.
6-A. INFORMATION CONCERNING THE CITIZENSHIP STATUS OF INDIVIDUALS,
WHEN COLLECTED AND TRANSMITTED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, SHALL NOT BE RETAINED, USED OR SHARED FOR ANY OTHER PURPOSE
EXCEPT AS MAY BE REQUIRED BY LAW.
7. A VOTER SHALL BE ABLE TO DECLINE TO REGISTER TO VOTE USING AN INTE-
GRATED APPLICATION BY SELECTING A SINGLE CHECK BOX, OR EQUIVALENT, WHICH
SHALL READ "I DECLINE USE OF THIS FORM FOR VOTER REGISTRATION PURPOSES.
DO NOT FORWARD MY INFORMATION TO THE BOARD OF ELECTIONS".
8. THE VOTER SHALL BE ABLE TO SIGN THE VOTER REGISTRATION APPLICATION
AND THE AGENCY APPLICATION BY MEANS OF A SINGLE MANUAL OR ELECTRONIC
SIGNATURE UNLESS THE AGENCY REQUIRES MORE THAN ONE SIGNATURE FOR OTHER
AGENCY PURPOSES.
9. NO APPLICATION FOR VOTER REGISTRATION SHALL BE SUBMITTED IF THE
APPLICANT DECLINES REGISTRATION OR FAILS TO SIGN THE INTEGRATED APPLICA-
TION, WHETHER ON PAPER OR ONLINE.
10. DESIGNATED AGENCIES FOR PURPOSES OF THIS SECTION SHALL INCLUDE ALL
AGENCIES DESIGNATED AS VOTER REGISTRATION AGENCIES IN SECTIONS 5-211 AND
5-212 OF THIS ARTICLE, AS WELL AS ANY OTHER AGENCY DESIGNATED BY THE
STATE BOARD OF ELECTIONS. ANY SUCH DESIGNATED AGENCY SHALL TAKE ALL
ACTIONS THAT ARE NECESSARY AND PROPER FOR THE IMPLEMENTATION OF THIS
SECTION, INCLUDING FACILITATING TECHNOLOGICAL CAPABILITIES TO ALLOW
TRANSMISSION OF DATA THROUGH AN INTERFACE WITH THE ELECTRONIC VOTER
REGISTRATION TRANSMITTAL SYSTEM IN A SECURE MANNER.
11. UPON THE RELEASE FROM A STATE CORRECTIONAL FACILITY OF ANY PERSON
SERVING A SENTENCE OF IMPRISONMENT ON A FELONY CONVICTION OR ANY TIME
ASSESSMENT REFERENCED IN SUBDIVISION TWO, THREE OR FOUR OF SECTION 5-106
OF THIS ARTICLE, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
SHALL PROVIDE SUCH PERSON A VOTER REGISTRATION FORM, PURSUANT TO SECTION
SEVENTY-FIVE OF THE CORRECTION LAW AND SUCH FORM, IF POSSIBLE, SHALL BE
INTEGRATED WITH THE RELEASE DOCUMENTS NORMALLY PRESENTED AND SIGNED UPON
RELEASE. THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION SHALL
SUBMIT RELEVANT INFORMATION FOR SUCH PERSON THROUGH THE VOTER REGISTRA-
TION TRANSMITTAL SYSTEM AND NOTIFY THE BOARD OF ELECTIONS OF THE
PERSON'S DISCHARGE.
A. 5312 4
12. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGU-
LATIONS FOR THE CREATION AND ADMINISTRATION OF AN INTEGRATED ELECTRONIC
VOTER REGISTRATION PROCESS AS PROVIDED FOR BY THIS SECTION.
§ 5-902. AUTOMATIC REINSTATEMENT AFTER FORFEITURE. ANY PERSON WHOSE
VOTER REGISTRATION IS CANCELED PURSUANT TO SECTION 5-106 OF THIS ARTICLE
SHALL BE AUTOMATICALLY REINSTATED AS A VOTER UPON BECOMING ELIGIBLE,
UNLESS SUCH VOTER SHALL AFFIRMATIVELY DECLINE SUCH REINSTATEMENT. THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION SHALL NOTIFY THE
BOARD OF ELECTIONS THROUGH THE VOTER REGISTRATION TRANSMITTAL SYSTEM OF
THE DATE WHEN THE FORFEITURE OF VOTING RIGHTS SHALL END AND PROVIDE AN
UPDATED ADDRESS FOR SUCH PERSON, IF KNOWN. IF NO NEW ADDRESS FOR SUCH
VOTER IS AVAILABLE AT THAT TIME, SUCH VOTER SHALL BE REINSTATED AT THE
ADDRESS OF THE PREVIOUSLY CANCELED REGISTRATION; PROVIDED, HOWEVER, IF
THE MAILED NOTIFICATION OF SUCH REGISTRATION SHALL BE RETURNED UNDELIV-
ERABLE TO THE BOARD OF ELECTIONS, SUCH RETURNED MAIL SHALL BE PROCESSED
IN ACCORDANCE WITH THIS ARTICLE.
§ 5-904. FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO PREVENT REGIS-
TRATION. IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT PROVIDED BY
AN APPLICANT WHO SUBMITS A VOTER REGISTRATION APPLICATION PURSUANT TO
THIS TITLE AND SUCH SIGNATURE EXEMPLAR IS NOT OTHERWISE AVAILABLE FROM
THE STATEWIDE VOTER REGISTRATION DATABASE OR A STATE OR LOCAL AGENCY,
THE LOCAL BOARD OF ELECTIONS SHALL, ABSENT ANOTHER REASON TO REJECT THE
APPLICATION, PROCEED TO REGISTER AND, AS APPLICABLE, ENROLL THE APPLI-
CANT. WITHIN TEN DAYS OF SUCH ACTION, THE BOARD OF ELECTIONS SHALL SEND
A STANDARD FORM PROMULGATED BY THE STATE BOARD OF ELECTIONS TO THE VOTER
WHOSE RECORD LACKS AN EXEMPLAR SIGNATURE, REQUIRING SUCH VOTER TO SUBMIT
A SIGNATURE FOR IDENTIFICATION PURPOSES. THE VOTER SHALL SUBMIT TO THE
BOARD OF ELECTIONS A VOTER REGISTRATION EXEMPLAR SIGNATURE BY ANY ONE OF
THE FOLLOWING METHODS: IN PERSON, BY MAIL WITH RETURN POSTAGE PAID
PROVIDED BY THE BOARD OF ELECTIONS, BY ELECTRONIC MAIL, OR BY ELECTRONIC
UPLOAD TO THE BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRA-
TION TRANSMITTAL SYSTEM. IF SUCH VOTER DOES NOT PROVIDE THE REQUIRED
EXEMPLAR SIGNATURE, WHEN THE VOTER APPEARS TO VOTE THE VOTER SHALL BE
ENTITLED TO VOTE IN THE SAME MANNER AS A VOTER WITH A NOTATION INDICAT-
ING THE VOTER'S IDENTITY HAS NOT YET BEEN VERIFIED IN THE MANNER
PROVIDED BY SECTION 8-302 OF THIS CHAPTER.
§ 5-906. PRESUMPTION OF INNOCENT AUTHORIZED ERROR. 1. IF A PERSON WHO
IS INELIGIBLE TO VOTE BECOMES REGISTERED TO VOTE PURSUANT TO SECTION
5-902 OF THIS TITLE, THAT PERSON'S REGISTRATION SHALL BE PRESUMED TO
HAVE BEEN EFFECTED WITH OFFICIAL AUTHORIZATION AND NOT THE FAULT OF THAT
PERSON. SUCH PRESUMPTION MAY BE REBUTTED WITH EVIDENCE OF KNOWING AND
WILLFUL INTENT TO FALSELY REGISTER TO VOTE.
2. IF A PERSON WHO IS INELIGIBLE BECOMES REGISTERED TO VOTE PURSUANT
TO SECTION 5-902 OF THIS TITLE AND EITHER VOTES OR ATTEMPTS TO VOTE IN
AN ELECTION HELD AFTER THE EFFECTIVE DATE OF THE PERSON'S REGISTRATION,
THAT PERSON SHALL BE PRESUMED TO HAVE ACTED WITH OFFICIAL AUTHORIZATION
AND SHALL NOT BE GUILTY OF ILLEGAL VOTING OR ILLEGALLY ATTEMPTING TO
VOTE. SUCH PRESUMPTION MAY BE REBUTTED WITH EVIDENCE OF KNOWING AND
WILLFUL INTENT TO VOTE OR ATTEMPT TO VOTE WITH KNOWLEDGE THAT SUCH
PERSON IS NOT QUALIFIED OR ENTITLED TO VOTE.
§ 5-908. FORMS. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES
AND REGULATIONS TO IMPLEMENT THIS TITLE. ALL AGENCY FORMS AND NOTICES
REQUIRED BY THIS TITLE SHALL BE APPROVED BY THE STATE BOARD OF
ELECTIONS. ALL APPLICATIONS AND NOTICES FOR USE BY A BOARD OF ELECTIONS
PURSUANT TO THIS TITLE SHALL BE PROMULGATED BY THE STATE BOARD OF
ELECTIONS, AND NO ADDITION OR ALTERNATION TO SUCH FORMS BY A BOARD OF
A. 5312 5
ELECTIONS SHALL BE MADE WITHOUT APPROVAL OF THE STATE BOARD OF
ELECTIONS.
§ 2. This act shall take effect on the earlier occurrence of: (i) two
years after it shall have become a law; provided, however, the state
board of elections shall be authorized to implement necessary rules and
regulations and to take steps required to implement this act immediate-
ly; or (ii) five days after the date of certification by the state board
of elections that the information technology infrastructure to substan-
tially implement this act is functional. Provided, further that the
state board of elections shall notify the legislative bill drafting
commission upon the occurrence of the enactment of the legislation
provided for in this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law.
PART B
Section 1. Article 5 of the election law is amended by adding a new
title 8 to read as follows:
TITLE VIII
ELECTRONIC PERSONAL VOTER REGISTRATION AND
ABSENTEE BALLOT APPLICATION PROCESS
SECTION 5-800. ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM.
5-802. ONLINE VOTER REGISTRATION APPLICATION.
5-803. ONLINE ABSENTEE BALLOT APPLICATION.
5-804. FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO PREVENT
REGISTRATION.
§ 5-800. ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM. IN ADDITION
TO ANY OTHER MEANS OF VOTER REGISTRATION PROVIDED FOR BY THIS CHAPTER,
THE STATE BOARD OF ELECTIONS SHALL ESTABLISH AND MAINTAIN AN ELECTRONIC
VOTER REGISTRATION TRANSMITTAL SYSTEM THROUGH WHICH APPLICANTS MAY APPLY
TO REGISTER TO VOTE ONLINE. THE STATE BOARD OF ELECTIONS SHALL ELEC-
TRONICALLY TRANSMIT SUCH APPLICATIONS TO THE APPLICABLE BOARD OF
ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK FOR FILING, PROCESSING
AND VERIFICATION CONSISTENT WITH THIS CHAPTER. IN ACCORDANCE WITH TECH-
NICAL SPECIFICATIONS PROVIDED BY THE STATE BOARD OF ELECTIONS, EACH
BOARD OF ELECTIONS SHALL MAINTAIN A VOTER REGISTRATION SYSTEM CAPABLE OF
RECEIVING AND PROCESSING VOTER REGISTRATION APPLICATION INFORMATION,
INCLUDING ELECTRONIC SIGNATURES, FROM THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM ESTABLISHED BY THE STATE BOARD OF ELECTIONS. NOTWITH-
STANDING ANY OTHER INCONSISTENT PROVISION OF THIS CHAPTER, APPLICATIONS
FILED USING SUCH SYSTEM SHALL BE CONSIDERED FILED WITH THE APPLICABLE
BOARD OF ELECTIONS ON THE CALENDAR DATE THE APPLICATION IS INITIALLY
TRANSMITTED BY THE VOTER THROUGH THE ELECTRONIC VOTER REGISTRATION TRAN-
SMITTAL SYSTEM.
§ 5-802. ONLINE VOTER REGISTRATION APPLICATION. 1. A VOTER SHALL BE
ABLE TO APPLY TO REGISTER TO VOTE USING A PERSONAL ONLINE VOTER REGIS-
TRATION APPLICATION SUBMITTED THROUGH THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM WHEN THE VOTER:
(A) COMPLETES AN ELECTRONIC VOTER REGISTRATION APPLICATION PROMULGATED
BY THE STATE BOARD OF ELECTIONS WHICH SHALL INCLUDE ALL OF THE VOTER
REGISTRATION INFORMATION REQUIRED BY SECTION 5-210 OF THIS ARTICLE; AND
(B) AFFIRMS, SUBJECT TO PENALTY OF PERJURY, BY MEANS OF ELECTRONIC OR
MANUAL SIGNATURE, THAT THE INFORMATION CONTAINED IN THE VOTER REGISTRA-
A. 5312 6
TION APPLICATION IS TRUE AND THAT THE APPLICANT MEETS ALL OF THE QUALI-
FICATIONS TO BECOME A REGISTERED VOTER; AND
(C) CONSENTS TO THE USE OF AN ELECTRONIC COPY OF THE INDIVIDUAL'S
MANUAL SIGNATURE THAT IS IN THE CUSTODY OF THE DEPARTMENT OF MOTOR VEHI-
CLES, THE STATE BOARD OF ELECTIONS, OR OTHER AGENCY DESIGNATED BY
SECTIONS 5-211 OR 5-212 OF THIS TITLE, AS THE INDIVIDUAL'S VOTER REGIS-
TRATION EXEMPLAR SIGNATURE, OR PROVIDES SUCH A SIGNATURE BY DIRECT
UPLOAD IN A MANNER THAT COMPLIES WITH THE NEW YORK STATE ELECTRONIC
SIGNATURE AND RECORDS ACT AND THE RULES AND REGULATIONS PROMULGATED BY
THE STATE BOARD OF ELECTIONS.
2. THE BOARD OF ELECTIONS SHALL PROVIDE THE PERSONAL ONLINE VOTER
REGISTRATION APPLICATION IN ANY LANGUAGE REQUIRED BY THE FEDERAL VOTING
RIGHTS ACT OF 1965 (52 U.S.C. SEC. 10503) IN ANY COUNTY IN THE STATE.
3. THE ONLINE VOTER REGISTRATION APPLICATION PROCESS SHALL PROVIDE
REASONABLE ACCOMMODATIONS TO IMPROVE ACCESSIBILITY FOR PERSONS WITH
DISABILITIES, AND SHALL BE COMPATIBLE FOR USE WITH STANDARD ONLINE
ACCESSIBILITY ASSISTANCE TOOLS FOR PERSONS WITH VISUAL, PHYSICAL OR
PERCEPTIVE DISABILITIES.
4. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
FOR THE CREATION AND ADMINISTRATION OF AN ONLINE VOTER REGISTRATION AND
ABSENTEE BALLOT APPLICATION SYSTEM PURSUANT TO THIS SECTION.
§ 5-803. ONLINE ABSENTEE BALLOT APPLICATION. AS PART OF, OR IN ADDI-
TION TO, THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM ESTAB-
LISHED PURSUANT TO SECTION 5-800 OF THIS TITLE, THE STATE BOARD OF
ELECTIONS ALSO SHALL PROVIDE A MEANS BY WHICH QUALIFIED VOTERS SEEKING
TO VOTE BY ABSENTEE BALLOT CAN ACCESS, COMPLETE AND SUBMIT ONLINE AN
ABSENTEE BALLOT APPLICATION.
§ 5-804. FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO PREVENT REGIS-
TRATION. IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT PROVIDED BY
AN APPLICANT WHO SUBMITS A VOTER REGISTRATION APPLICATION PURSUANT TO
THIS TITLE AND SUCH SIGNATURE EXEMPLAR IS NOT OTHERWISE AVAILABLE FROM
THE STATEWIDE VOTER REGISTRATION DATABASE OR A STATE OR LOCAL AGENCY,
THE LOCAL BOARD OF ELECTIONS SHALL, ABSENT ANOTHER REASON TO REJECT THE
APPLICATION, PROCEED TO REGISTER AND, AS APPLICABLE, ENROLL THE APPLI-
CANT. WITHIN TEN DAYS OF SUCH ACTION, THE BOARD OF ELECTIONS SHALL SEND
A STANDARD FORM PROMULGATED BY THE STATE BOARD OF ELECTIONS TO THE VOTER
WHOSE RECORD LACKS AN EXEMPLAR SIGNATURE, REQUIRING SUCH VOTER TO SUBMIT
A SIGNATURE FOR IDENTIFICATION PURPOSES. THE VOTER SHALL SUBMIT TO THE
BOARD OF ELECTIONS A VOTER REGISTRATION EXEMPLAR SIGNATURE BY ANY ONE OF
THE FOLLOWING METHODS: IN PERSON, BY MAIL WITH RETURN POSTAGE PAID
PROVIDED BY THE BOARD OF ELECTIONS, BY ELECTRONIC MAIL, OR BY ELECTRONIC
UPLOAD TO THE BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRA-
TION TRANSMITTAL SYSTEM. IF SUCH VOTER DOES NOT PROVIDE THE REQUIRED
EXEMPLAR SIGNATURE, WHEN THE VOTER APPEARS TO VOTE THE VOTER SHALL BE
ENTITLED TO VOTE IN THE SAME MANNER AS A VOTER WITH A NOTATION INDICAT-
ING THE VOTER'S IDENTITY HAS NOT YET BEEN VERIFIED IN THE MANNER
PROVIDED BY SECTION 8-302 OF THIS CHAPTER.
§ 2. This act shall take effect on the earlier occurrence of: (i) two
years after it shall have become a law; provided, however, the state
board of elections shall be authorized to implement necessary rules and
regulations and to take steps required to implement this act immediate-
ly; or (ii) five days after the date of certification by the state board
of elections that the information technology infrastructure to substan-
tially implement this act is functional. Provided, further that the
state board of elections shall notify the legislative bill drafting
commission upon the occurrence of the enactment of the legislation
A. 5312 7
provided for in this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law.
PART C
Section 1. Section 5-104 of the election law is amended by adding a
new subdivision 3 to read as follows:
3. THE PROVISIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION REGARD-
ING THE RIGHT OF STUDENTS TO REGISTER AND VOTE SHALL BE INTERPRETED IN A
MANNER CONSISTENT WITH THE CONSTITUTIONAL REQUIREMENT THAT EACH CITIZEN
MUST BE PERMITTED TO VOTE IN THAT COMMUNITY WHICH IS THE "LOCUS OF ...
PRIMARY CONCERN" TO THAT CITIZEN AT THE TIME OF THE ELECTION. ACCORDING-
LY, A STUDENT ATTENDING A COLLEGE OR UNIVERSITY IN THIS STATE SHALL BE
PERMITTED TO RETAIN HIS OR HER PARENTAL RESIDENCE FOR VOTING PURPOSES IF
THE PARENTAL COMMUNITY REMAINS THE LOCUS OF THE STUDENT'S PRIMARY
CONCERN OR, IN THE ALTERNATIVE, A STUDENT SHALL BE PERMITTED TO REGISTER
AND VOTE FROM HIS OR HER RESIDENCE WITHIN THE COLLEGE OR UNIVERSITY
COMMUNITY IF HE OR SHE REGARDS THE COLLEGE OR UNIVERSITY AS THE COMMUNI-
TY OF PRIMARY CONCERN.
§ 2. Subdivisions 1 and 6 of section 5-208 of the election law, subdi-
vision 1 as amended by chapter 200 of the laws of 1996 and subdivision 6
as added by chapter 659 of the laws of 1994, are amended to read as
follows:
1. The board of elections shall transfer the registration and enroll-
ment of any voter for whom it receives a notice of change of address to
another address in the [same county or city] STATE, or for any voter who
[casts] SUBMITS a ballot in an affidavit ballot envelope which sets
forth such a new address. Such notices shall include, but not be limit-
ed to, notices received from any state agency which conducts a voter
registration program pursuant to the provisions of sections 5-211 and
5-212 of this title OR WHICH TRANSMITS INFORMATION, that the voter has
notified such agency of a change of address in the [same city or county]
STATE unless the voter has indicated that such change of address is not
for voter registration purposes, notices of change of address from the
United States Postal Service through the National Change of Address
System, any notices of a forwarding address on mail sent to a voter by
the board of elections and returned by the postal service, national or
state voter registration forms, confirmation mailing response cards,
United States Postal Service notices to correspondents of change of
address, applications for registration from persons already registered
[in such county or city], or any other notices to correspondents sent to
the board of elections by such voters.
6. If a notice sent pursuant to [subdivision five of] this section is
returned [by the postal service] as undeliverable and without a forward-
ing address, the board of elections shall return the registration of
such voter to the original address, send such voter a confirmation
notice pursuant to the provisions of subdivision one of section 5-712 of
this [title] ARTICLE and place such voter in inactive status.
§ 3. Subdivision 3 of section 5-208 of the election law, as added by
chapter 659 of the laws of 1994, is amended to read as follows:
3. If such a notice is received at least [twenty] TEN days before a
primary, special or general election, such change of address must be
completed before such election. IF SUCH A NOTICE IS NOT RECEIVED AT
A. 5312 8
LEAST TEN DAYS BEFORE A PRIMARY, SPECIAL OR GENERAL ELECTION, THEN A
VOTER MAY VOTE IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION 8-302 OF
THIS CHAPTER.
§ 4. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 44 of the laws of 2016, is amended to read as follows:
1. The board of elections, [between August first and August fifth of
each year] NOT LESS THAN SIXTY-FIVE DAYS NOR MORE THAN SEVENTY DAYS
BEFORE THE PRIMARY ELECTION IN EACH YEAR, shall send by mail on which is
endorsed such language designated by the state board of elections to
ensure postal authorities do not forward such mail but return it to the
board of elections with forwarding information, when it cannot be deliv-
ered as addressed 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, the
place where he OR SHE appears by his OR HER 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 OR HER
new address or vote by paper ballot at the polling place for his OR HER
new address even if such voter has not re-registered, or otherwise noti-
fied 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 commu-
nication 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 phys-
ically 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 informa-
tion 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.
§ 5. Paragraph (a) of subdivision 1 of section 5-400 of the election
law, as amended by chapter 659 of the laws of 1994, is amended to read
as follows:
(a) Moved his OR HER residence outside the [city or county in which he
is registered] STATE.
§ 6. Paragraphs (b), (c) and (d) of subdivision 2 of section 5-400 of
the election law, paragraphs (b) and (d) as added by section 20 and
A. 5312 9
paragraph (c) as added and paragraph (d) as relettered by section 22 of
chapter 659 of the laws of 1994, are amended to read as follows:
(b) A notice that the registrant has moved to an address outside the
[city or county] STATE which is signed by the registrant and sent to the
board of elections.
(c) A notice signed by the registrant which states that such regis-
trant has moved to an address outside the [city or county] STATE and
that such change of address is for voter registration purposes.
(d) A notice from a board of elections or other voter registration
officer or agency that such person has registered to vote from an
address outside [such city or county] THE STATE.
§ 7. Subdivision 3 of section 5-210 of the election law, as amended by
chapter 255 of the laws of 2015, is amended to read as follows:
3. Completed application forms, when received by any board of
elections and, with respect to application forms promulgated by the
federal election commission, when received by the state board of
elections, or showing a dated cancellation mark of the United States
Postal Service or contained in an envelope showing such a dated cancel-
lation mark which is not later than the [twenty-fifth] TENTH day before
the next ensuing primary, general or special election, and received no
later than the [twentieth] FIFTH day before such election, or delivered
in person to such board of elections not later than the tenth day before
a special election, shall entitle the applicant to vote in such
election, if he or she is otherwise qualified, provided, however, such
applicant shall not vote on a voting machine until his or her identity
is verified. Any board of elections receiving an application form from a
person who does not reside in its jurisdiction but who does reside else-
where in the state of New York, shall forthwith forward such application
form to the proper board of elections. Each board of elections shall
make an entry on each such form of the date it is received by such
board.
§ 8. The opening paragraph of section 5-211 of the election law, as
amended by chapter 265 of the laws of 2013, is amended to read as
follows:
Each agency designated as a participating agency under the provisions
of this section shall implement and administer a program of distribution
of voter registration forms pursuant to the provisions of this section.
The following offices which provide public assistance and/or provide
state funded programs primarily engaged in providing services to persons
with disabilities are hereby designated as voter registration agencies:
designated as the state agencies which provide public assistance are the
office of children and family services, the office of temporary and
disability assistance and the department of health. Also designated as
public assistance agencies are all agencies of local government that
provide such assistance. Designated as state agencies that provide
programs primarily engaged in providing services to people with disabil-
ities are the department of labor, office for the aging, division of
veterans' affairs, office of mental health, office of vocational and
educational services for individuals with disabilities, commission on
quality of care for the mentally disabled, office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities, commission for the
blind, office of alcoholism and substance abuse services, the office of
the advocate for the disabled and all offices which administer programs
established or funded by such agencies. Additional [state] agencies
designated as voter registration offices are the department of state
[and], the division of workers' compensation, THE STATE UNIVERSITY OF
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NEW YORK, THE CITY UNIVERSITY OF NEW YORK, ALL PUBLIC HOUSING AUTHORI-
TIES LISTED IN ARTICLE THIRTEEN OF THE PUBLIC HOUSING LAW, THE DEPART-
MENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND THE NEW YORK DIVISION
OF MILITARY AND NAVAL AFFAIRS. Such agencies shall be required to offer
voter registration forms to persons upon initial application for
services, renewal or recertification for services and change of address
relating to such services. Such agencies shall also be responsible for
providing assistance to applicants in completing voter registration
forms, receiving and transmitting the completed application form from
all applicants who wish to have such form transmitted to the appropriate
board of elections. The state board of elections shall, together with
representatives of the department of defense, develop and implement
procedures for including recruitment offices of the armed forces of the
United States as voter registration offices when such offices are so
designated by federal law. The state board shall also make request of
the United States Immigration and Naturalization Service to include
applications for registration by mail with any materials which are given
to new citizens. [All institutions of the state university of New York
and the city university of New York, shall, at the beginning of the
school year, and again in January of a year in which the president of
the United States is to be elected, provide an application for registra-
tion to each student in each such institution.] The state board of
elections may, by regulation, grant a waiver from any or all of the
requirements of this section to any office or program of an agency, if
it determines that it is not feasible for such office or program to
administer such requirement.
§ 9. Subdivision 3 of section 5-213 of the election law, as amended by
chapter 200 of the laws of 1996, is amended to read as follows:
3. The board of elections shall restore the registration of any such
voter to active status if such voter notifies the board of elections
that he resides at the address from which he is registered, or the board
finds that such voter has validly signed a designating or nominating
petition which states that he resides at such address, or if such voter
casts a ballot in an affidavit envelope which states that he resides at
such address, or if the board receives notice that such voter has voted
in an election conducted with registration lists prepared pursuant to
the provisions of section 5-612 of this article. If any such notifica-
tion or information is received [twenty] TEN days or more before a
primary, special or general election, the voter's name must be restored
to active status for such election.
§ 10. Subdivision 3 of section 5-304 of the election law, as amended
by chapter 90 of the laws of 1991, is amended to read as follows:
3. A change of enrollment received by the board of elections, SHOWING
A DATED CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE OR
CONTAINED IN AN ENVELOPE SHOWING SUCH CANCELLATION MARK WHICH IS DATED,
not later than the [twenty-fifth] ONE HUNDRED TWENTIETH day before the
[general election shall be deposited in a sealed enrollment box, which
shall not be opened until the first Tuesday following such general
election. Such change of enrollment shall be then removed and entered as
provided in this article] NEXT ENSUING PRIMARY, GENERAL OR SPECIAL
ELECTION OR DELIVERED IN PERSON TO SUCH COUNTY BOARD OF ELECTIONS NOT
LATER THAN THE ONE HUNDRED TWENTIETH DAY BEFORE A PRIMARY, GENERAL OR
SPECIAL ELECTION, SHALL BE EFFECTIVE FOR SUCH ELECTION. ENROLLMENT
CHANGES SHALL BE ENTERED AS PROVIDED IN THIS ARTICLE AND SHALL BE DEEMED
TO TAKE EFFECT ON THE FIFTH DAY AFTER SUCH CHANGE OF ENROLLMENT IS
RECEIVED BY THE BOARD OF ELECTIONS OR IF THE CHANGE OF ENROLLMENT, OR
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THE ENVELOPE CONTAINING IT, BEARS A DATED CANCELLATION MARK OF THE
UNITED STATES POSTAL SERVICE, SUCH CHANGE SHALL BE ENTERED AND SHALL BE
DEEMED TO TAKE EFFECT ON THE TENTH DAY AFTER THE DATE OF SUCH MARK,
WHICHEVER IS EARLIER; EXCEPT THAT NO CHANGE WILL TAKE EFFECT SOONER THAN
THE FIFTH DAY AFTER THE RECEIPT OF SUCH CHANGE OF ENROLLMENT BY THE
BOARD OF ELECTIONS.
§ 11. The opening paragraph of paragraph (e) of subdivision 3 of
section 8-302 of the election law, as amended by chapter 125 of the laws
of 2011, is amended to read as follows:
Whenever a voter presents himself or herself and offers to cast a
ballot, and he or she claims to live in the election district in which
he or she seeks to vote but no registration poll record can be found for
him or her in the poll ledger or his or her name does not appear on the
computer generated registration list or his or her signature does not
appear next to his or her name on such computer generated registration
list or his or her registration poll record or the computer generated
registration list does not show him or her to be enrolled in the party
in which he or she claims to be enrolled AND THE VOTER IS NOT OTHERWISE
ELIGIBLE TO CAST AN AFFIDAVIT BALLOT PURSUANT TO SUBDIVISION THREE-D OF
THIS SECTION, a poll clerk or election inspector shall consult a map,
street finder or other description of all of the polling places and
election districts within the political subdivision in which said
election district is located and if necessary, contact the board of
elections to obtain the relevant information and advise the voter of the
correct polling place and election district for the residence address
provided by the voter to such poll clerk or election inspector. There-
after, such voter shall be permitted to vote in said election district
only as hereinafter provided:
§ 12. Section 8-302 of the election law is amended by adding a new
subdivision 3-d to read as follows:
3-D. A PERSON APPEARING ON ELECTION DAY WHOSE NAME CANNOT BE FOUND IN
A POLL LEDGER OR COMPUTER GENERATED REGISTRATION LIST AND WHO AFFIRMS
THAT HE OR SHE INTERACTED WITH AN AGENCY DESIGNATED IN SUBDIVISION TEN
OF SECTION 5-900 OF THIS CHAPTER AND CONSENTED TO VOTER REGISTRATION
SHALL BE PERMITTED TO CAST AN AFFIDAVIT BALLOT. SUCH AFFIDAVIT BALLOT
SHALL BE COUNTED IF AT THE POLLING PLACE, THE PERSON PRESENTS PROOF OF
IDENTITY AND EVIDENCE OF REGISTERING TO VOTE OR PERFORMING AN ACTIVITY
SPECIFIED IN SUBDIVISION ONE OF SECTION 5-900 OF THIS CHAPTER, AND THERE
IS NO AFFIRMATIVE PROOF THAT THE PERSON IS INELIGIBLE TO REGISTER TO
VOTE OR THAT THE PERSON DID NOT REGISTER OR PERFORM ANY ACTIVITY SPECI-
FIED IN SUBDIVISION ONE OF SECTION 5-900 OF THIS CHAPTER.
(A) A PERSON MAY SWEAR TO AND SUBSCRIBE TO AN AFFIDAVIT STATING THAT
THE PERSON HAS REGISTERED TO VOTE OR PERFORMED ANY ACTIVITY SPECIFIED IN
SUBDIVISION ONE OF SECTION 5-900 OF THIS CHAPTER AND CONSENTED TO USE
AGENCY INFORMATION FOR VOTER REGISTRATION. THAT AFFIDAVIT SHALL BE
SUFFICIENT EVIDENCE OF REGISTERING TO VOTE OR PERFORMING ANY ACTIVITY
SPECIFIED IN SUBDIVISION ONE OF SECTION 5-900 OF THIS CHAPTER FOR THE
PURPOSES OF THIS SECTION.
(B) A PERSON WITHOUT IDENTIFICATION MAY SWEAR TO AND SUBSCRIBE TO AN
AFFIDAVIT STATING THAT THE PERSON DID NOT PRESENT DOCUMENTARY PROOF OF
IDENTITY, BUT THAT ALL OF THE IDENTIFYING INFORMATION ON THE AFFIDAVIT
BALLOT ENVELOPE IS COMPLETE AND ACCURATE. THAT AFFIDAVIT SHALL BE SUFFI-
CIENT EVIDENCE OF IDENTITY FOR THE PURPOSES OF THIS SECTION. NOTHING IN
THIS SUBDIVISION SHALL BE DEEMED TO OVERRIDE THE PROVISIONS OF SUBDIVI-
SION TWO-A OF THIS SECTION GOVERNING THE REQUIREMENTS FOR A PERSON WHOSE
NAME APPEARS IN THE COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION
A. 5312 12
INDICATING THAT THE VOTER'S IDENTITY WAS NOT YET VERIFIED AS REQUIRED BY
THE FEDERAL HELP AMERICA VOTE ACT.
§ 13. Subdivision 3 of section 8-510 of the election law, as amended
by chapter 43 of the laws of 1988, is amended to read as follows:
3. The inspectors shall place such completed report, EACH CHALLENGE
AFFIDAVIT AND WATCHER AFFIDAVIT and each court order, if any, directing
that a person be permitted to vote, AS WELL AS EACH AFFIDAVIT COMPLETED
PURSUANT TO SUBDIVISION THREE-D OF SECTION 8-302 OF THIS ARTICLE, inside
a ledger of registration records or computer generated registration
lists between the front cover, and the first registration record and
then shall close and seal each ledger of registration records or comput-
er generated registration lists, affix their signature to the seal, lock
such ledger in the carrying case furnished for that purpose and enclose
the keys in a sealed package or seal such list in the envelope provided
for that purpose.
§ 14. Subdivision 1 of section 3-220 of the election law, as amended
by chapter 104 of the laws of 2010, is amended to read as follows:
1. All registration records, certificates, lists, and inventories
referred to in, or required by, this chapter shall be public records and
open to public inspection under the immediate supervision of the board
of elections or its employees and subject to such reasonable regulations
as such board may impose, provided, however, that NO DATA TRANSMITTED
PURSUANT TO TITLE NINE OF ARTICLE FIVE OF THIS CHAPTER SHALL BE CONSID-
ERED A PUBLIC RECORD OPEN TO PUBLIC INSPECTION SOLELY BY REASON OF ITS
TRANSMISSION AND THAT THE FOLLOWING INFORMATION SHALL NOT BE RELEASED
FOR PUBLIC INSPECTION:
(A) ANY VOTER'S SIGNATURE;
(B) THE PERSONAL RESIDENCE AND CONTACT INFORMATION OF ANY VOTER FOR
WHOM ANY PROVISION OF LAW REQUIRES CONFIDENTIALITY;
(C) ANY PORTION OF a voter's driver's license number, [department of
motor vehicle] non-driver [photo ID] IDENTIFICATION CARD number, social
security number and facsimile number [shall not be released for public
inspection];
(D) ANY VOTER'S TELEPHONE NUMBER; AND
(E) ANY VOTER'S EMAIL ADDRESS. No such records shall be handled at
any time by any person other than a member of a registration board or
board of inspectors of elections or board of elections except as
provided by rules imposed by the board of elections.
§ 15. Subdivisions 9, 11 and 14 of section 5-210 of the election law,
subdivision 9 as amended by chapter 44 of the laws of 2016 and subdivi-
sions 11 and 14 as amended by chapter 179 of the laws of 2005, are
amended to read as follows:
9. The county board of elections shall, promptly and in any event, not
later than twenty-one days after receipt by it of the application, veri-
fy the identity of the applicant, EXCEPT IF SUCH BOARD RECEIVES THE
APPLICATION WITHIN TWENTY-ONE DAYS OF A SPECIAL, PRIMARY OR GENERAL
ELECTION, THE BOARD SHALL VERIFY THE IDENTITY OF THE APPLICANT WITHIN
FIVE DAYS OR BEFORE SUCH ELECTION, WHICHEVER SHALL BE SOONER. In order
to do so, the county board of elections shall utilize the information
provided in the application and shall attempt to verify such information
with the information provided by the department of motor vehicles,
social security administration and any other lawful available informa-
tion source. If the county board of elections is unable to verify the
identity of the applicant within twenty-one days of the receipt of the
application, it shall immediately take steps to confirm that the infor-
mation provided by the applicant was accurately utilized by such county
A. 5312 13
board of elections, was accurately verified with other information
sources and that no data entry error, or other similar type of error,
occurred. Following completion of the preceding steps, the county board
of elections shall mail (a) a notice of its approval, (b) a notice of
its approval which includes an indication that such board has not yet
been able to verify the identity of the applicant and a request for more
information so that such verification may be completed, or (c) a notice
of its rejection of the application to the applicant in a form approved
by the state board of elections. Notices of approval, notices of
approval with requests for more information or notices of rejection
shall be sent by nonforwardable first class or return postage guaranteed
mail on which is endorsed such language designated by the state board of
elections to ensure postal authorities do not forward such mail but
return it to the board of elections with forwarding information, when it
cannot be delivered as addressed and which contains a request that any
such mail received for persons not residing at the address be dropped
back in the mail. The voter's registration and enrollment shall be
complete upon receipt of the application by the appropriate county board
of elections. The failure of a county board of elections to verify an
applicant's identity shall not be the basis for the rejection of a
voter's application, provided, however, that such verification failure
shall be the basis for requiring county board of elections to take the
additional verification steps provided by this chapter. The notice shall
also advise the registrant of the date when his registration and enroll-
ment is effective, of the date and the hours of the next regularly sche-
duled primary or general election in which he will be eligible to vote,
of the location of the polling place of the election district in which
he is or will be a qualified voter, whether such polling place is acces-
sible to physically handicapped voters, an indication that physically
handicapped voters or voters who are ill or voters who will be out of
the city or county on the day of the primary or general election, may
obtain an absentee ballot and the phone number to call for absentee
ballot applications, the phone numbers to call for location of polling
places, to obtain registration forms and the phone number to call to
indicate that the voter is willing to serve on election day as an
inspector, poll clerk or interpreter. The notice of approval, notice of
approval with request for more information or notice of rejection shall
also advise the applicant to notify the board of elections if there is
any inaccuracy. The form of such mail notification shall be prescribed
by the state board of elections and shall contain such other information
and instructions as it may reasonably require to carry out the purposes
of this section. The request for more information shall inform the voter
that "THE FAILURE TO CONTACT THE BOARD OF ELECTIONS AND CORRECT ANY
INACCURACIES IN THE APPLICATION OR PROVIDE REQUESTED ADDITIONAL INFORMA-
TION MAY RESULT IN A REQUEST FOR IDENTIFICATION AT THE POLLS IN ORDER TO
CAST A VOTE ON A VOTING MACHINE." If such notice is returned undelivered
without a new address, the board shall forthwith send such applicant a
confirmation notice pursuant to the provisions of section 5-712 of this
article and place such applicant in inactive status. The state board of
elections shall prepare uniform notices by this section as provided for
in subdivision eight of section 3-102 of this chapter.
11. If the county board of elections suspects or believes that for any
reason the applicant is not entitled to registration and enrollment, it
shall make inquiry in reference thereto. If the board of elections shall
find that the applicant is not qualified to register and enroll, the
application shall be rejected and the applicant notified of such
A. 5312 14
rejection and the reason therefor, no later than ten days before the day
of the first primary or general election occurring at least [twenty-
five] TEN days after the filing of the application, EXCEPT THAT IF THE
APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE THE
DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTIFY
THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
14. Notwithstanding the entry by the county board of elections on the
registration poll record of the information contained on an application
form prescribed by this section, such entry shall not preclude the coun-
ty board of elections from subsequently rejecting the application if it
is not satisfied that the applicant is entitled to register and enroll
as provided by this section, provided that the applicant is notified of
such rejection and reasons therefor no later than ten days before the
day of the first primary or general election occurring at least [twen-
ty-five] TEN days after the filing of such application form, EXCEPT THAT
IF THE APPLICATION WAS SUBMITTED BETWEEN TWENTY-FIVE AND TEN DAYS BEFORE
THE DAY OF THE FIRST PRIMARY OR GENERAL ELECTION, SUCH BOARD SHALL NOTI-
FY THE APPLICANT AT LEAST FIVE DAYS BEFORE SUCH ELECTION.
§ 16. This act shall take effect immediately; provided, however, that
sections one, two, four, five, six, eight, eleven and twelve of this act
shall take effect January 1, 2018; provided further that sections three,
seven, nine, ten and fifteen of this act shall take effect January 1,
2019. Effective immediately, any rules, regulations and agreements
necessary to implement the provisions of this act on its effective date
are authorized and directed to be completed on or before such date.
PART D
Section 1. Section 5-210 of the election law is amended by adding a
new subdivision 1-a to read as follows:
1-A. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE RELATING
TO REGISTRATION REQUIREMENTS, ANY QUALIFIED PERSON WHO IS NOT REGISTERED
IN THIS STATE MAY APPLY PERSONALLY FOR REGISTRATION AND ENROLLMENT BY
APPEARING AT THE APPROPRIATE POLLING PLACE FOR THE ELECTION DISTRICT IN
WHICH HE OR SHE RESIDES ON ANY DAY OF ELECTION, PRIMARY, GENERAL, OR
SPECIAL, DURING THE HOURS THAT SUCH POLLING PLACE IS OPEN FOR VOTING. TO
BE ELIGIBLE TO REGISTER PURSUANT TO THIS SUBDIVISION, A PERSON MUST
PROVIDE ACCEPTABLE FORMS OF IDENTIFICATION CONTAINING PROOF OF RESI-
DENCE, AS DETERMINED BY STATE LAW IMPLEMENTING THE HELP AMERICANS VOTE
ACT OF 2002 (PUBLIC LAW 107-252). ANY PERSON WHO SO REGISTERS TO VOTE
SHALL EXECUTE THE FOLLOWING INSTRUMENT IN SUBSTANTIALLY THE FOLLOWING
FORM:
"I, (NAME), DO HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT, TO THE
BEST OF MY KNOWLEDGE, I AM A QUALIFIED VOTER, HAVING RESIDED AT (PLACE
OF RESIDENCE) FOR AT LEAST THIRTY DAYS IMMEDIATELY PRECEDING THIS
ELECTION, THAT I AM NOT DISQUALIFIED ON ANY LEGAL GROUNDS FROM VOTING,
AND THAT I HAVE NOT ALREADY VOTED AT THIS ELECTION."
(B) THE BOARD OF ELECTIONS SHALL ESTABLISH A PROCEDURE BY WHICH A
PERSON WHO REGISTERS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION MAY
CAST HIS OR HER VOTE AT THE APPROPRIATE POLLING PLACE.
(C) IF A REGISTRANT IS UNABLE TO PROVIDE VALID PROOF OF RESIDENCE AS
PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION, SUCH REGISTRANT MAY
BE ALLOWED TO REGISTER FOR AND VOTE IN ANY ELECTION BY AFFIDAVIT BALLOT.
SUCH AFFIDAVIT BALLOT SHALL NOT BE COUNTED UNTIL ELECTION OFFICIALS CAN
DETERMINE SUCH REGISTRANT'S RESIDENCE AND ELIGIBILITY TO VOTE.
A. 5312 15
§ 2. This act shall take effect on the first of January next succeed-
ing the date upon which the people shall approve and ratify amendments
to section 5 of article 2 of the constitution by a majority of the elec-
tors voting thereon relating to the ten day advance registration
requirement.
PART E
Section 1. Subdivisions 1 and 2 of section 8-400 of the election law,
subdivision 1 as amended by chapter 63 of the laws of 2010, paragraph
(c) of subdivision 1 as amended by chapter 375 of the laws of 2015, the
opening paragraph of subdivision 2 as amended by chapter 216 of the laws
of 1988, paragraph (a) of subdivision 2 as amended by chapter 263 of the
laws of 1991, paragraph (c) of subdivision 2 as amended by chapter 321
of the laws of 1988 and paragraph (d) of subdivision 2 as separately
amended by chapters 97 and 104 of the laws of 2010, are amended to read
as follows:
1. A qualified voter may vote as an absentee voter under this chapter
if[, on the occurrence of any village election conducted by the board of
elections, primary election, special election, general election or New
York city community school board district or city of Buffalo school
district election, he or she expects to be:
(a) absent from the county of his or her residence, or, if a resident
of the city of New York absent from said city; or
(b) unable to appear personally at the polling place of the election
district in which he or she is a qualified voter because of illness or
physical disability or duties related to the primary care of one or more
individuals who are ill or physically disabled, or because he or she
will be or is a patient in a hospital; or
(c) a resident or patient of a veterans health administration hospi-
tal; or
(d) absent from his or her voting residence because he or she is
detained in jail awaiting action by a grand jury or awaiting trial, or
confined in jail or prison after a conviction for an offense other than
a felony, provided that he or she is qualified to vote in the election
district of his or her residence] HE OR SHE REQUESTS AN APPLICATION FOR
AN ABSENTEE BALLOT ON A FORM TO BE OBTAINED AND FILED AS PROVIDED HEREIN
OR BY LETTER AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION TWO OF THIS
SECTION.
2. A qualified voter desiring to vote at such election as an absentee
voter [for any reason specified in subdivision one hereof] must make
application for an absentee ballot on a form to be obtained and filed as
provided herein or by letter as provided in paragraph (d) of this subdi-
vision.
(a) Application forms shall be furnished by and may be obtained from
any board of elections at any time until the day before such election,
AND SHALL ALSO BE AVAILABLE FOR ONLINE COMPLETION AND SUBMISSION PURSU-
ANT TO SECTION 5-803 OF THIS CHAPTER. Application forms shall also be
supplied by the board of inspectors of the election district in which
applicant is a qualified voter on all of the days provided for local
registration. In addition, application forms shall be supplied upon the
request of the person authorized to vote pursuant to this section, any
such person's spouse, parent or child, a person residing with the appli-
cant as a member of his household, or the applicant's duly authorized
agent. Application forms sent outside of the United States to a country
other than Canada or Mexico, shall be sent airmail. Any reference to
A. 5312 16
"board of elections" in the remaining provisions of this section, except
with respect to the furnishing and obtaining of applications for absen-
tee ballots, means only the board of elections of the county or city in
which the applicant is a qualified voter.
(b) Applications may be filed either with the board of elections or in
person with the board of inspectors of the election district in which
the applicant is a qualified voter, on one of the days provided for
local registration.
(c) [All] EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (A) OF THIS SUBDI-
VISION, applications must be mailed to the board of elections not later
than the seventh day before the election for which a ballot is first
requested or delivered to such board not later than the day before such
election.
(d) The board of elections shall mail an absentee ballot to every
qualified voter otherwise eligible for such a ballot, who requests such
an absentee ballot from such board of elections in writing in a letter,
telefax indicating the address, phone number and the telefax number from
which the writing is sent or other written instrument, which is signed
by the voter and received by the board of elections not earlier than the
thirtieth day nor later than the seventh day before the election for
which the ballot is first requested and which states the address where
the voter is registered and the address to which the ballot is to be
mailed; provided, however, a military voter may request a military
ballot or voter registration application or an absentee ballot applica-
tion in a letter as provided in subdivision three of section 10-106 of
this chapter; and provided further, a special federal voter may request
a special federal ballot or voter registration application or an absen-
tee ballot application in a letter as provided in paragraph d of subdi-
vision one of section 11-202 of this chapter. The board of elections
shall enclose with such ballot a form of application for absentee ballot
if the applicant is registered with such board of elections.
§ 2. Paragraphs (c) and (d) of subdivision 3 and subdivision 4 of
section 8-400 of the election law are REPEALED.
§ 3. This act shall take effect on the first of January next succeed-
ing the date upon which the people shall approve and ratify amendments
to section 2 of article 2 of the constitution by a majority of electors
voting thereon relating to absentee voting.
PART F
Section 1. Section 4-117 of the election law is amended by adding a
new subdivision 4 to read as follows:
4. ANY PERSON, OTHER THAN AN ELECTION OFFICER, WHO MAILS OR CAUSES TO
BE MAILED, BETWEEN AUGUST FIRST AND DECEMBER THIRTY-FIRST OF ANY CALEN-
DAR YEAR, ANY FIRST CLASS NONFORWARDABLE MAIL, WHERE SUCH PERSON KNOWS
OR REASONABLY SHOULD KNOW THAT SUCH NONFORWARDABLE MAIL: (A) IS INTENDED
TO BE DELIVERED TO A REGISTERED VOTER OR VOTER REGISTRATION APPLICANT;
AND (B) MAY BE USED BY A CHALLENGER, OTHER THAN AN ELECTION OFFICER, ON
ELECTION DAY TO CHALLENGE THE QUALIFICATIONS OF A VOTER, SHALL FILE
WITHIN TWO BUSINESS DAYS OF SUCH MAILING, A DUPLICATE COPY OF SUCH
NONFORWARDABLE MAIL, A DUPLICATE COPY OF NAMES AND ADDRESSES TO WHICH
SUCH NONFORWARDABLE MAIL WAS SENT, AND A COMPLETED FORM PRESCRIBED BY
THE STATE BOARD OF ELECTIONS. THE FAILURE TO COMPLY WITH THE PROVISIONS
OF THIS SUBDIVISION SHALL BE PUNISHABLE AS A MISDEMEANOR.
§ 2. Subdivision 1-a of section 8-104 of the election law, as amended
by chapter 164 of the laws of 2010, is amended to read as follows:
A. 5312 17
1-a. The election inspectors shall conspicuously post in the polling
place before the opening of the polls, a voter information posting,
which shall include: (a) the sample ballot and instructions for the use
of ballot scanners and ballot marking devices required pursuant to
section 7-118 of this chapter; (b) a statement that "today is election
day" and the hours during which polling places will be open; (c)
instructions on how to cast an affidavit ballot and a concise statement
of a voter's right to such a ballot; (d) instructions relating to
requirements for voting on ballot scanners by those registrants who must
provide identification pursuant to the federal Help America Vote Act of
2002; (e) instructions for first-time voters; (f) a voter's bill of
rights describing voter's rights under applicable federal and state law,
including the right of accessibility and alternate language accessibil-
ity; (g) information pertaining to voting by election day paper ballot,
including information about the consequence of casting an overvote,
steps to prevent unintentional undervoting and spoiled ballots; (h)
instructions on how to contact the appropriate officials if a voter's
right to vote or right to otherwise participate in the electoral process
has been violated; [and] (i) general information on federal and state
laws regarding prohibitions on acts of fraud and misrepresentation; AND
(J) INFORMATION ABOUT THE REQUIREMENTS OF A CHALLENGE ON ELECTION DAY AS
PROVIDED IN SUBDIVISION THREE OF SECTION 8-502 OF THIS ARTICLE. The
state board of elections shall prescribe the form and content of the
voter information posting, which may be comprised of one or more pages,
provided each page shall be posted separately. The state board of
elections shall prescribe an official version of such voter information
posting for every language which appears on any general, primary or
special election ballot in any election district in the state and for
such other languages as such board, in its opinion, determines is appro-
priate. Such posting shall be used in all jurisdictions, and a separate
posting shall be made by election inspectors for each language appearing
on the ballot and for such additional languages as the board of
elections may require. A board of elections may modify or supplement the
voter information posting used in its jurisdiction to provide additional
or local information; provided, however, any such modification or
supplementation shall be submitted to the state board of elections for
prior approval.
§ 3. Section 8-500 of the election law, as amended by chapter 9 of the
laws of 1978, subdivisions 1 and 3 as amended by chapter 373 of the laws
of 1978, and subdivision 4 as amended by chapter 254 of the laws of
2014, is amended to read as follows:
§ 8-500. Watchers; provision for. 1. At any general, special, town or
village election, any party committee or independent body whose candi-
dates are upon the ballot, and at any primary election, any two or more
candidates and any political committee may have for each election
district three watchers at any one time, not more than one of whom may
be within the guard rail at any one time. Watchers shall be appointed by
the [chairman] CHAIRPERSON OR SECRETARY of any such party, committee or
independent body or by the candidates.
2. Watchers may be present at the polling place at least fifteen
minutes before the unlocking and examination of any voting machine or
ballot box at the opening of the polls, until after the signing of the
inspectors' returns and proclamation of the result; PROVIDED, HOWEVER,
THAT UPON ENTERING ANY POLLING PLACE, EACH WATCHER SHALL DELIVER A
COMPLETED CERTIFICATE, ISSUED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, TO THE APPOINTED OR DESIGNATED CHAIRPERSON OF THE ELECTION
A. 5312 18
INSPECTORS, AS PROVIDED FOR IN SECTION 3-400 OF THIS CHAPTER, AT EACH
ELECTION DISTRICT WHERE SUCH WATCHER IS PERMITTED TO SERVE BY SUCH
CERTIFICATE.
2-A. THE APPOINTED OR DESIGNATED CHAIRPERSON OF THE ELECTION INSPEC-
TORS, AS PROVIDED FOR IN SECTION 3-400 OF THIS CHAPTER, SHALL INITIAL
EACH WATCHER CERTIFICATE UPON DELIVERY. AT THE CLOSE OF AN ELECTION,
THE INSPECTORS SHALL PLACE EACH WATCHER CERTIFICATE INSIDE THE LEDGER OF
REGISTRATION RECORDS OR COMPUTER GENERATED REGISTRATION LIST, AS
PROVIDED FOR IN SECTION 8-510 OF THIS TITLE.
3. The appointment of watchers for any election shall be by a certif-
icate in writing issued by the [chairman] CHAIRPERSON or secretary of
the political party, PARTY COMMITTEE or independent body, or the candi-
dates. [Such certificate shall be delivered to an inspector at the
election district.] THE STATE BOARD OF ELECTIONS SHALL PRESCRIBE THE
CONTENT AND FORM OF WATCHER CERTIFICATES FOR USE AT ANY GENERAL,
SPECIAL, TOWN OR VILLAGE ELECTION AND AT ANY PRIMARY ELECTION. THE
INFORMATION PROVIDED ON SUCH CERTIFICATE SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE WATCHER'S FIRST AND LAST NAME, THE WATCHER'S RESIDENTIAL
ADDRESS, THE FIRST AND LAST NAME OF THE CHAIRPERSON OR SECRETARY OF THE
POLITICAL PARTY, COMMITTEE OR INDEPENDENT BODY, OR THE CANDIDATES THAT
ISSUED SUCH CERTIFICATE, THE SIGNATURE OF SUCH CHAIRPERSON OR SECRETARY
OF THE POLITICAL PARTY, COMMITTEE OR INDEPENDENT BODY, AND THE TOWN OR
CITY, WARD (IF APPLICABLE) AND ELECTION DISTRICT FOR WHICH THE WATCHER
CERTIFICATE WAS ISSUED.
4. Each watcher must be a qualified voter of the city or county in
which he or she is to serve. No person shall be appointed or act as a
watcher who is a candidate for any public office to be voted for by the
voters of the election district in the same election in which the watch-
er is to serve. Nothing in this subdivision shall be construed as
prohibiting any such candidate from visiting a polling place in such
district on an election day while the polls are open.
§ 4. Section 8-502 of the election law, as amended by chapter 373 of
the laws of 1978, is amended to read as follows:
§ 8-502. Challenges; generally. 1. Before his OR HER vote is cast at
an election any person may, IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION, be challenged as to his OR HER right to vote, or his OR HER
right to vote by absentee, military, special federal or special presi-
dential ballot. Such challenge may be made by an inspector or clerk, by
any duly appointed watcher, or by any registered voter properly in the
polling place.
2. An inspector shall challenge every person offering to vote, whom he
OR SHE shall know or suspect is not entitled to vote in the district,
and every person whose name appears on the list of persons to be chal-
lenged on election day which is furnished by the board of elections.
3. ANY PERSON, OTHER THAN AN INSPECTOR OR CLERK, MAY CHALLENGE THE
QUALIFICATIONS OF A VOTER ONLY BY COMPLETING, EXECUTING AND DELIVERING
TO THE BOARD OF INSPECTORS A CHALLENGE AFFIDAVIT THAT SATISFIES THE
REQUIREMENTS OF SECTION 8-503 OF THIS TITLE.
§ 5. The election law is amended by adding a new section 8-503 to read
as follows:
§ 8-503. CHALLENGE AFFIDAVIT. 1. THE STATE BOARD OF ELECTIONS SHALL
PRESCRIBE THE CONTENT AND FORM OF A CHALLENGE AFFIDAVIT FOR USE AT ANY
GENERAL, SPECIAL, TOWN OR VILLAGE ELECTION AND AT ANY PRIMARY ELECTION.
SUCH AFFIDAVIT SHALL CONTAIN THE AFFIANT'S FULL NAME, RESIDENCE, AND
BUSINESS ADDRESS, THE NAME OF HIS OR HER EMPLOYER, THE REGISTRATION
SERIAL NUMBER OF THE PERSON CHALLENGED AND A RECITAL OF THE REASONS AND
A. 5312 19
THE FACTS SUPPORTING THE AFFIANT'S BELIEF THAT THE PERSON CHALLENGED
LACKS ONE OR MORE OF THE QUALIFICATIONS FOR VOTING PRESCRIBED IN SECTION
5-102 OR 5-106 OF THIS CHAPTER AND SPECIFIED IN SUCH AFFIDAVIT. THE
AFFIDAVIT SHALL STATE IF THE REASONS FOR CHALLENGE ARE BASED UPON THE
AFFIANT'S PERSONAL KNOWLEDGE, OR UPON INFORMATION RECEIVED FROM ANOTHER
PERSON. IF THE AFFIANT'S BELIEF IS BASED UPON INFORMATION FURNISHED BY
ANOTHER, THE AFFIDAVIT SHALL RECITE THE NAME OF THE PERSON FURNISHING
THE INFORMATION AND THE BASIS FOR HIS OR HER INFORMATION. AFTER THE
AFFIANT HAS SIGNED SUCH AFFIDAVIT, AN INSPECTOR SHALL READ TO HIM OR HER
AND REQUEST HIM OR HER TO SIGN THE FOLLOWING OATH, WHICH SHALL BE
SUBSCRIBED BY SUCH AFFIANT: "I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I AM
A QUALIFIED VOTER OF THE CITY OR COUNTY IN WHICH THIS AFFIDAVIT IS
SIGNED AND THAT THE FOREGOING STATEMENT MADE BY ME ON (INSERT DAY, MONTH
AND YEAR) IS A TRUTHFUL DISCLOSURE OF THE REASONS FOR MY GOOD FAITH
BELIEF THAT THE REGISTERED VOTER THEREIN NAMED IS NOT QUALIFIED TO
CONTINUE TO VOTE IN THE ELECTION DISTRICT IN WHICH HE OR SHE IS NOW
REGISTERED." IF THE AFFIANT SHALL TAKE AND SIGN SUCH OATH, AN INSPECTOR
SHALL SIGN HIS OR HER NAME AS A WITNESS BELOW THE AFFIANT'S SUBSCRIPTION
TO SUCH OATH. EACH CHALLENGE AFFIDAVIT MAY ONLY CHALLENGE THE QUALI-
FICATIONS OF ONE VOTER.
2. THE BOARD OF ELECTIONS SHALL MAKE CHALLENGE AFFIDAVIT FORMS AVAIL-
ABLE TO ALL QUALIFIED VOTERS.
§ 6. Paragraphs (b) and (e) of subdivision 2 of section 8-508 of the
election law, as amended by chapter 200 of the laws of 1996, are 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 AN ANY DAY IN
WHICH THERE IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
together with the reason for the challenge, THE NAME AND ADDRESS OF THE
PERSON CHALLENGING THE QUALIFICATIONS OF SUCH VOTER, IF SUCH PERSON
CHALLENGING THE QUALIFICATIONS IS NOT AN INSPECTOR OR CLERK, AND THE
WORDS "PERMITTED TO VOTE" OR "REFUSED TO TAKE OATH". If no voters are
challenged, the board of inspectors shall enter the words "No Chal-
lenges" 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.
(e) At the foot of such report and at the end of any such computer
generated registration list shall be printed a certificate that such
report contains the names of all persons who were challenged on the day
of election, and [that each voter so reported as having been challenged
took the oaths as required] THE REASON FOR SUCH CHALLENGE AND THE NAMES
AND ADDRESSES OF ALL CHALLENGERS WHO ARE NOT INSPECTORS OR CLERKS, that
such report contains the names of all voters to whom such board gave or
allowed assistance and lists the nature of the disability which required
such assistance to be given and the names and family relationship, if
any, to the voter of the persons by whom such assistance was rendered;
that each such assisted voter informed such board under oath that he OR
SHE required such assistance and that each person rendering such assist-
ance took the required oath; that such report contains the names of all
voters who were permitted to vote although their registration poll
records were missing; that the entries made by such board are a true and
A. 5312 20
accurate record of its proceedings with respect to the persons named in
such report.
§ 7. Subdivisions 1 and 2 of section 17-108 of the election law, as
amended by chapter 373 of the laws of 1978, are amended to read as
follows:
1. Any person who wilfully loses, alters, destroys or mutilates A
WATCHER CERTIFICATE, the list of voters or registration poll ledgers, A
CHALLENGE AFFIDAVIT, OR A CHALLENGE REPORT in any election district, or
a certified copy thereof, is guilty of a misdemeanor.
2. An applicant for registration who shall make, incorporate or cause
to be incorporated a material false statement in an application for
registration, or in any challenge or other affidavit required for or
made or filed in connection with registration or voting, and any person
who knowingly takes a false oath before a board of inspectors of
election, and any person who makes a material false statement in a
medical certificate, CHALLENGE AFFIDAVIT or an affidavit filed in
connection with an application for registration, is guilty of a misde-
meanor.
§ 8. Section 17-150 of the election law is amended to read as follows:
§ 17-150. Duress and intimidation of voters. 1. Any person or corpo-
ration who directly or indirectly:
[1.] (A) Uses or threatens to use any force, violence or restraint, or
inflicts or threatens to inflict any injury, damage, harm or loss, or in
any other manner practices intimidation upon or against any person in
order to induce or compel such person to vote or refrain from voting for
or against any particular person or for or against any proposition
submitted to voters at such election, or to place or cause to be placed
or refrain from placing or causing to be placed his OR HER name upon a
registry of voters, or on account of such person having voted or
refrained from voting at such election, or having voted or refrained
from voting for or against any particular person or persons, or for or
against any proposition submitted to voters at such election, or having
registered or refrained from registering as a voter; or,
[2.] (B) By abduction, duress or any forcible or fraudulent device or
contrivance whatever impedes, prevents or otherwise interferes with the
free exercise of the elective franchise by any voter, or compels,
induces or prevails upon any voter to give or refrain from giving his OR
HER vote for or against any particular person at any election; or,
[3.] (C) Being an employer pays his [employess] OR HER EMPLOYEES the
salary or wages due in "pay envelopes," in which there is enclosed or
upon which there is written or printed political motto, device or argu-
ment containing threats, express or implied, intended or calculated to
influence the political opinions or actions of such employees, or within
ninety days of a general election puts or otherwise exhibits in the
establishment or place where his OR HER employees are engaged in labor,
any handbill or placard containing any threat, notice or information,
that if any particular ticket or candidate is elected or defeated, work
in his OR HER place or establishment will cease, in whole or in part,
his OR HER establishment will be closed up, or the wages of his OR HER
employees reduced, or other threats, express or implied, intended or
calculated to influence the political opinions or actions of his OR HER
employees, is guilty of a misdemeanor, and, if a corporation, shall in
addition forfeit its charter.
2. THERE SHALL BE A REBUTTABLE PRESUMPTION THAT A PERSON HAS PRACTICED
INTIMIDATION UPON OR AGAINST ANOTHER PERSON IN ORDER TO INDUCE SUCH
OTHER PERSON TO REFRAIN FROM VOTING FOR OR AGAINST ANY PARTICULAR PERSON
A. 5312 21
OR FOR OR AGAINST ANY PROPOSITION, WITHIN THE MEANING OF PARAGRAPH (A)
OF SUBDIVISION ONE OF THIS SECTION, WHERE HE OR SHE:
(A) BEING OTHER THAN AN INSPECTOR OR CLERK, IN THE COURSE OF A SINGLE
ELECTION, CHALLENGES THE QUALIFICATIONS OF THIRTY OR MORE VOTERS DURING
SUCH ELECTION, AND WHERE THE BOARD OF ELECTIONS, FOLLOWING AN INVESTI-
GATION PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF SECTION 8-508 OF
THIS CHAPTER, FINDS AT LEAST TWO-THIRDS OF SUCH CHALLENGED VOTERS TO BE
QUALIFIED VOTERS; OR
(B) BEING OTHER THAN AN INSPECTOR OR CLERK, CHALLENGES THE QUALIFICA-
TIONS OF A VOTER AT ANY GENERAL, PRIMARY, SPECIAL, TOWN OR VILLAGE
ELECTION AND THEREAFTER, WITHOUT GOOD CAUSE, FAILS TO COMPLY WITH THE
REQUIREMENTS OF SECTION 8-503 OF THIS CHAPTER.
§ 9. Subdivision 1 of section 17-154 of the election law is amended to
read as follows:
1. (A) Intimidate, threaten or coerce, or to attempt to intimidate,
threaten or coerce, any other person for the purpose of interfering with
the right of such other person to REGISTER TO VOTE, TO vote, or to vote
as he OR SHE may choose, or for the purpose of causing such other person
to vote for, or not to vote for, any candidate for the office of gover-
nor, lieutenant-governor, attorney-general, comptroller, judge of any
court, member of the senate, or member of the assembly at any election
held solely or in part for the purpose of selecting a governor, lieuten-
ant-governor, attorney-general, comptroller, any judge or any member of
the senate or any member of the assembly; [or,]
(B) THERE SHALL BE A REBUTTABLE PRESUMPTION THAT A PERSON HAS VIOLATED
PARAGRAPH (A) OF THIS SUBDIVISION WHEN, DURING ANY ELECTION ENUMERATED
IN SUCH SUBDIVISION, HE OR SHE:
(I) BEING OTHER THAN AN INSPECTOR OR CLERK, CHALLENGES THE QUALIFICA-
TIONS OF THIRTY OR MORE VOTERS DURING SUCH ELECTION, AND WHERE THE BOARD
OF ELECTIONS, FOLLOWING AN INVESTIGATION PURSUANT TO PARAGRAPH (F) OF
SUBDIVISION TWO OF SECTION 8-508 OF THIS CHAPTER, FINDS AT LEAST TWO-
THIRDS OF SUCH CHALLENGED VOTERS TO BE QUALIFIED VOTERS; OR
(II) BEING OTHER THAN AN INSPECTOR OR CLERK, CHALLENGES THE QUALIFICA-
TIONS OF A VOTER AT ANY SUCH ELECTION AND, WITHOUT GOOD CAUSE, FAILS TO
COMPLY WITH THE REQUIREMENTS OF SECTION 8-503 OF THIS CHAPTER; OR
§ 10. This act shall take effect one year after it shall have become a
law.
PART G
Section 1. Subdivision 1-a of section 3-412 of the election law, as
added by chapter 181 of the laws of 2005, is amended to read as follows:
1-a. The state board of elections shall establish a mandatory core
curriculum for poll worker training which includes the requirements in
subdivision two of this section, [as amended by a chapter of the laws of
2005,] and the rights of voters at the polls and obligation of election
workers to protect those rights while maintaining the integrity of the
franchise, including [assisting] ACCOMMODATING voters with disabilities
or with limited or no proficiency in the English language, handling,
processing and entitlement to ballots, including affidavit and emergency
ballots, proper identification requirements, procedures to be followed
with respect to voters whose names are not on the list of registered
voters or whose identities have not been verified, electioneering and
other violations of the elective franchise as defined in this chapter,
solicitation by individuals and groups at the polling place and proce-
dures to be followed after the polls close. SUCH CORE CURRICULUM ALSO
A. 5312 22
SHALL INCLUDE SPECIFIC TRAINING IN THE PROPER OPERATION OF VOTING
SYSTEMS USED IN THE ELECTION; PROCEDURES FOR EXPEDITIOUSLY PROVIDING
DIRECTIONS TO VOTERS ABOUT THEIR ASSIGNED ELECTION DISTRICT; ENSURING
POLLING SITES ARE ACCESSIBLE TO VOTERS WITH DISABILITIES OR OTHER
SPECIFIC NEEDS; PROVIDING ACCOMMODATION TO PERSONS WHO ARE ILLITERATE;
THE REQUIREMENTS FOR CONDUCTING SIGNATURE VERIFICATION OF VOTERS; THE
REQUIREMENTS FOR INDIVIDUALS SEEKING TO CHALLENGE VOTER ELIGIBILITY AND
THE PROCESS FOR HANDLING ANY SUCH CHALLENGES; AND SECURITY PROCEDURES
FOR THE ELECTION. Each board of elections shall augment the core curric-
ulum with local procedures not inconsistent with the core curriculum
adopted by the state board of elections and which includes procedures
relating to proper operation of, and remedying problems with, the voting
machine or system in use in that jurisdiction. EACH BOARD OF ELECTIONS
SHALL ALSO DEVELOP AND IMPLEMENT PROCEDURES TO ASSIST IN THE RECRUITING
OF NEW POLL WORKERS, INCLUDING BY FOCUSING ON RECRUITMENT OF RECENT HIGH
SCHOOL GRADUATES, STUDENTS ATTENDING ORIENTATION PROCEEDINGS AT STATE
AND PUBLIC COLLEGES AND UNIVERSITIES AND NEWLY NATURALIZED CITIZENS AT
NATURALIZATION PROCEEDINGS.
§ 2. The election law is amended by adding a new section 3-213 to read
as follows:
§ 3-213. BOARDS OF ELECTIONS; MANDATORY TRAINING CURRICULUM. 1.
ELECTION COMMISSIONERS AND SUCH OTHER BOARD OF ELECTIONS EMPLOYEES AS
DETERMINED BY THE STATE BOARD OF ELECTIONS SHALL WITHIN SIX MONTHS AFTER
THEIR FIRST APPOINTMENT COMPLETE A COURSE OF INSTRUCTION ON THE OPERA-
TION OF A BOARD OF ELECTIONS WHICH SHALL BE PROVIDED BY THE STATE BOARD
OF ELECTIONS. THE CURRICULUM SHALL BE ESTABLISHED BY THE STATE BOARD OF
ELECTIONS IN CONSULTATION WITH ELECTION COMMISSIONERS AND SHALL NOT
EXCEED THIRTY HOURS OF INSTRUCTION.
2. ANNUALLY, ELECTION COMMISSIONERS AND OTHER BOARD OF ELECTIONS
EMPLOYEES AS DETERMINED BY THE STATE BOARD OF ELECTIONS, SHALL COMPLETE
BEFORE JUNE FIRST A CONTINUING COURSE OF INSTRUCTION ON THE OPERATION OF
A BOARD OF ELECTIONS WHICH SHALL BE PROVIDED BY THE STATE BOARD OF
ELECTIONS. THE CURRICULUM SHALL BE ESTABLISHED BY THE STATE BOARD OF
ELECTIONS IN CONSULTATION WITH THE ELECTION COMMISSIONERS AND SHALL NOT
EXCEED THREE HOURS OF INSTRUCTION.
3. THE STATE BOARD OF ELECTIONS SHALL PROVIDE THE TRAINING REQUIRED BY
SUBDIVISION TWO OF THIS SECTION THROUGH, IN ADDITION TO OTHER METHODS IT
MAY CHOOSE, A WEB-BASED RECORDED FORMAT.
4. UPON THE FAILURE OF A COMMISSIONER OR OTHER EMPLOYEE TO COMPLETE
THE INSTRUCTION WITHIN THE TIME REQUIRED BY THIS SECTION, THE STATE
BOARD OF ELECTIONS SHALL SEND A LETTER TO THE COUNTY LEGISLATURE OR CITY
COUNCIL AND THE RESPECTIVE COUNTY PARTY CHAIR OF THE JURISDICTION OF THE
COMMISSIONER STATING THE DELINQUENCY.
§ 3. Section 3-412 of the election law is amended by adding three new
subdivisions 1-b, 1-c and 1-d to read as follows:
1-B. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH AND HOST AN EDUCA-
TION AND TRAINING INSTITUTE WHICH SHALL BE RESPONSIBLE FOR THE DEVELOP-
MENT AND IMPLEMENTATION OF A STATEWIDE PROGRAM WHEREIN PERSONS CAN
BECOME CERTIFIED POLL WORKER TRAINERS. THIS INSTITUTE SHALL ALSO CREATE
A TRAIN-THE-TRAINER PROGRAM, IN ORDER FOR COUNTY BOARDS OF ELECTIONS TO
IMPLEMENT AN EFFECTIVE TRAINING PROGRAM AT THEIR RESPECTIVE LOCAL LEVEL
OF PROGRAM DELIVERY. THE STATE BOARD'S TRAINERS SHALL INCLUDE IN THE
TRAINER CURRICULUM TO BE DEVELOPED, ATTENTION TO, INTER ALIA, POLL WORK-
ER ABILITY TO SERVE A DIVERSE ELECTORATE WITH COMPLETE CONFIDENCE AND
RESPECT; PROFESSIONALIZING THE DELIVERY OF ALL ELECTION DAY SERVICES;
PROVIDING ASSISTANCE TO VOTERS WITH DISABILITIES AND THOSE WITH LIMITED
A. 5312 23
ENGLISH LANGUAGE PROFICIENCY, ENSURING THE DIGNITY AND PRIVACY OF SUCH
INDIVIDUALS; AND TO INDIVIDUALS WHO ARE MEMBERS OF RACIAL OR ETHNIC
MINORITIES, COMPLETE FAMILIARITY AND COMFORT WITH ALL VOTING SYSTEMS IN
USE IN POLL SITES, INCLUDING BALLOT MARKING DEVICES OR OTHER
SYSTEMS/SERVICES AVAILABLE TO VOTERS WITH DISABILITIES; AND POLL WORKER
ABILITY TO RECOGNIZE AND RESOLVE A VARIETY OF ISSUES WHICH MAY ARISE IN
POLL SITES. THE STATE BOARD'S TRAINERS AND ALL CERTIFIED POLL WORKER
INSTRUCTORS SHALL UTILIZE INDUSTRY-PROVEN TRAINING TECHNIQUES AIMED AT
ADULT LEARNERS INCLUDING ROLE-BASED TRAINING AND HANDS-ON TRAINING
OPPORTUNITIES USING OFFICIAL ELECTION DAY FORMS AND POLL SITE VOTING
SYSTEMS AND MAY FURTHER INCLUDE A WEB-BASED COMPONENT AND COMPANION
VIDEO.
1-C. COUNTY BOARDS SHALL ENROLL TRAINERS IN THE PROGRAM IN SUCH QUAN-
TITIES TO ENSURE THAT AN ADEQUATE CONTINGENT OF FULLY TRAINED AND CERTI-
FIED POLL WORKER TRAINERS ARE AVAILABLE TO MEET THE TRAINING NEEDS OF
SUCH COUNTY. EACH COUNTY BOARD OF ELECTIONS SHALL ENROLL NOT LESS THAN
TWO PERSONS DESIGNATED BY THE COUNTY BOARD ON A BIPARTISAN BASIS, IN THE
STATE BOARD OF ELECTIONS TRAINING INSTITUTE. CERTIFIED TRAINERS MUST
MAINTAIN THEIR CERTIFICATION BY ATTENDING ONCE EVERY TWO YEARS, A
CONTINUING EDUCATION PROGRAM, TO ENSURE THE PROFESSIONALISM OF THE POLL
WORKER TRAINING AGENDA SET BY THE STATE BOARD OF ELECTIONS. ENROLLEES
WHO HAVE SUCCESSFULLY COMPLETED THE STATE BOARD'S TRAINING PROGRAM AND
BEEN AWARDED A "CERTIFIED POLL WORKER INSTRUCTOR" CERTIFICATE MAY SERVE
AT THE COUNTY BOARD AS A TRAINER OF POLL WORKERS AS WELL AS A TRAINER OF
OTHER BI-PARTISAN DESIGNEES OF THE COUNTY BOARD, HOWEVER THE CONFERRING
OF THE TITLE "CERTIFIED POLL WORKER INSTRUCTOR" MAY BE MADE ONLY BY THE
STATE BOARD OF ELECTIONS.
1-D. THE STATE BOARD OF ELECTIONS SHALL ADOPT SUCH RULES AND REGU-
LATIONS WHICH MAY BE NECESSARY TO CREATE THE TRAINING INSTITUTE AND
ASSOCIATED CURRICULA PROVIDED FOR IN SUBDIVISIONS ONE-A, ONE-B AND ONE-C
OF THIS SECTION, INCLUDING A PROCESS WHEREBY ATTENDEES WHO SUCCESSFULLY
COMPLETE A STATE BOARD-SPONSORED TRAINING PROGRAM SHALL BE AWARDED A
CERTIFICATE CONFERRING UPON HIM OR HER, THE TITLE OF "CERTIFIED POLL
WORKER INSTRUCTOR".
§ 4. The election law is amended by adding a new section 3-507 to read
as follows:
§ 3-507. LANGUAGE ACCESS. 1. IN ADDITION TO THE REQUIREMENTS SET FORTH
IN SECTION 3-506 OF THIS TITLE, WHENEVER ANY COUNTY BOARD OF ELECTIONS
FINDS THAT AT LEAST THREE PERCENT OF THE VOTING-AGE RESIDENTS OF AN
ELECTION DISTRICT IN THAT COUNTY ARE NON-ENGLISH SPEAKING OR LIMITED
ENGLISH PROFICIENT PURSUANT TO DATA MADE AVAILABLE BY THE UNITED STATES
CENSUS BUREAU, IT SHALL PROVIDE IN SUCH ELECTION DISTRICT REGISTRATION
OR VOTING NOTICES, FORMS, INSTRUCTIONS, ASSISTANCE, OR OTHER MATERIALS
OR INFORMATION RELATING TO THE ELECTORAL PROCESS, INCLUDING BALLOTS, IN
THE LANGUAGE OF THE APPLICABLE MINORITY LANGUAGE GROUP, IN A MANNER THAT
PROVIDES THE SAME OPPORTUNITY FOR ACCESS AND PARTICIPATION AS FOR OTHER
VOTERS. THIS PROVISION SHALL BE SUBJECT TO THE REQUIREMENTS OF FEDERAL
LAW, INCLUDING SECTION 203 AND SECTION 4(F) OF THE VOTING RIGHTS ACT OF
1965, TO THE EXTENT SUCH LAWS ARE APPLICABLE.
2. AS USED IN THIS SECTION, THE TERMS "LIMITED ENGLISH PROFICIENT" AND
"NON-ENGLISH SPEAKING" SHALL REFER TO A PERSON WHOSE NATIVE SPEAKING
LANGUAGE IS A LANGUAGE OTHER THAN ENGLISH, AND WHO CONTINUES TO USE HIS
OR HER NATIVE LANGUAGE AS THE PRIMARY MEANS OF ORAL AND WRITTEN COMMUNI-
CATION.
§ 5. This act shall take effect immediately; provided, however, that
sections two and three of this act shall take effect on the one hundred
A. 5312 24
eightieth day after it shall have become a law; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such effective date.
PART H
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.
§ 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.
§ 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 o'clock in the morning until nine o'clock in the even-
ing; 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 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.
§ 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.
§ 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.
§ 6. Article 8 of the election law is amended by adding a new title 6
to read as follows:
A. 5312 25
TITLE VI
EARLY VOTING
SECTION 8-600. EARLY VOTING.
8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY
VOTING.
§ 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 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) 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 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 NINE O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK DAYS IN EACH
A. 5312 26
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 NINE
O'CLOCK SHALL BE DESIGNATED SUCH THAT ANY PERSON ENTITLED TO VOTE EARLY
MAY VOTE UNTIL NINE 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, 8-503 AND 8-504 OF THIS
ARTICLE.
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.
A. 5312 27
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
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.
§ 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.
§ 7. 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.
PART I
Section 1. Subdivision 2 of section 5-106 of the election law, as
amended by chapter 373 of the laws of 1978, is amended to read as
follows:
2. No person who has been convicted of a felony AND SENTENCED TO A
PERIOD OF IMPRISONMENT FOR SUCH FELONY pursuant to the laws of this
state, shall have the right to register for or vote at any election
unless he [shall have been pardoned or restored to the rights of citi-
zenship by the governor, or his maximum sentence of imprisonment has
expired, or he has been discharged from parole. The governor, however,
may attach as a condition to any such pardon a provision that any such
A. 5312 28
person shall not have the right of suffrage until it shall have been
separately restored to him] OR SHE HAS BEEN RELEASED FROM INCARCERATION
FOR SUCH FELONY OR RELEASED FROM SERVING A TIME ASSESSMENT PURSUANT TO
SUBPARAGRAPH (X) OF PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION TWO
HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW.
§ 2. Subdivision 3 of section 5-106 of the election law is amended to
read as follows:
3. No person who has been convicted in a federal court, of a felony,
or a crime or offense which would constitute a felony under the laws of
this state, AND SENTENCED TO A PERIOD OF IMPRISONMENT FOR SUCH FELONY,
shall have the right to register for or vote at any election unless he
[shall have been pardoned or restored to the rights of citizenship by
the president of the United States, or his maximum sentence of imprison-
ment has expired, or he has been discharged from parole] OR SHE HAS BEEN
RELEASED FROM INCARCERATION FOR SUCH FELONY OR RELEASED FROM SERVING A
TIME ASSESSMENT PURSUANT TO A VIOLATION OF PAROLE SUPERVISION UNDER
FEDERAL JURISDICTION.
§ 3. Subdivision 4 of section 5-106 of the election law is amended to
read as follows:
4. No person who has been convicted in another state for a crime or
offense which would constitute a felony under the laws of this state AND
SENTENCED TO A PERIOD OF IMPRISONMENT FOR SUCH FELONY, shall have the
right to register for or vote at any election in this state unless he
shall have been pardoned or restored to the rights of citizenship by the
governor or other appropriate authority of such other state, or his OR
HER maximum sentence has expired, or he [has been discharged from
parole] OR SHE HAS BEEN RELEASED FROM INCARCERATION FOR SUCH FELONY OR
RELEASED FROM SERVING A TIME ASSESSMENT FOR A VIOLATION OF PAROLE SUPER-
VISION UNDER THE JURISDICTION OF COURTS, PAROLING AUTHORITIES,
CORRECTIONS OR OTHER CRIMINAL JUSTICE AGENCIES.
§ 4. Section 75 of the correction law, as amended by section 18 of
subpart A of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
§ 75. Notice of voting rights. Upon the [discharge] RELEASE from a
correctional facility of any person [whose maximum sentence of imprison-
ment has expired or upon a person's discharge from community super-
vision,] the department shall notify such person of his or her right to
vote and provide such person with a form of application for voter regis-
tration together with written information distributed by the board of
elections on the importance and the mechanics of voting.
§ 5. The correction law is amended by adding a new section 510 to read
as follows:
§ 510. VOTING UPON RELEASE. UPON THE RELEASE FROM A LOCAL CORRECTIONAL
FACILITY OF ANY PERSON CONVICTED OF A FELONY THE CHIEF ADMINISTRATIVE
OFFICER SHALL NOTIFY SUCH PERSON OF HIS OR HER RIGHT TO VOTE AND PROVIDE
SUCH PERSON WITH A FORM OF APPLICATION FOR VOTER REGISTRATION TOGETHER
WITH WRITTEN INFORMATION DISTRIBUTED BY THE BOARD OF ELECTIONS ON THE
IMPORTANCE AND THE MECHANICS OF VOTING.
§ 6. The department of corrections and community supervision shall
notify each person serving a period of community supervision on the
effective date of this act of his or her right to vote and provide such
person with a form of application for voter registration together with
written information distributed by the board of elections on the impor-
tance and the mechanics of voting.
A. 5312 29
§ 7. This act shall take effect immediately, provided, however, that
sections four, five, and six of this act shall take effect on the one
hundred twentieth day after it shall have become a law.
PART J
Section 1. Section 3-108 of the election law, subdivision 5 as added
by chapter 394 of the laws of 2008, is amended to read as follows:
§ 3-108. Disaster; additional day for voting. 1. A county board of
elections, or the state board of elections with respect to an election
conducted in a district in the jurisdiction of more than one county
board of elections, may determine that, as the direct consequence of a
fire, earthquake, tornado, explosion, power failure, act of sabotage,
enemy attack or other disaster[, less than twenty-five per centum of the
registered voters of any city, town or village, or if the city of New
York, or any county therein, actually voted in any general election] OR
STATE OF EMERGENCY, THE ABILITY OF VOTERS TO VOTE HAS BECOME, OR WILL
IMMINENTLY BECOME, IMPOSSIBLE AND SUCH IMPOSSIBILITY CANNOT BE MITIGATED
DURING THE SCHEDULED COURSE OF VOTING. Such a determination by a county
board of elections shall be subject to approval by the state board of
elections. If the state board of elections makes such a determination,
it shall notify the [board] BOARDS of elections having jurisdiction [in
that county] OVER THAT ELECTION that an additional day of election shall
be held, which notice shall show: the nature of the disaster; the coun-
ty, city, town or village affected thereby; the number of persons duly
registered to vote therein at such [general] election; and the number of
persons who voted therein at such [general] election.
2. The county board of elections, OR THE STATE BOARD OF ELECTIONS, AS
APPLICABLE, shall thereafter set a date for an additional day for voting
in the county, city, town or village affected by the statement, which
shall not be more than twenty days after the original date of the
[general] election and shall determine the hours during which the polls
shall remain open on such additional day for voting; provided, however,
that in any event the polls shall remain open for not less than eleven
hours. [The] EACH county board of elections HAVING JURISDICTION OVER
SUCH ELECTION shall [publish notice thereof not less than twice in each
week preceding the date for the additional day for voting, in] NOTIFY
newspapers as designated in this chapter[, and] IN THE WEEK PRECEDING
THE DATE OF THE ADDITIONAL DAY OF VOTING. SUCH NOTICE SHALL BE PROVIDED
TO ALL MEDIA OUTLETS AND COUNTY, TOWN, CITY AND VILLAGE CLERKS AND
MUNICIPAL ATTORNEYS NOT LESS THAN ONE WEEK PRECEDING THE DATE OF THE
ADDITIONAL DAY OF VOTING AND SHALL BE POSTED ON THE BOARD'S WEBSITE AS
SOON AS POSSIBLE. TO THE EXTENT PRACTICABLE, THE BOARD shall notify all
registered voters by mail. Such notice shall also direct attention to
any change of polling places and shall contain such other and additional
information as in the judgment of the board of elections shall be neces-
sary and proper.
3. Official ballots shall be provided at public expense at each poll-
ing place for such additional day of election. In any election district
in which voting machines were used upon the original day of voting, they
shall be used for the additional day for voting. The [original seal]
SECURITY SEALS on such machines shall not be removed nor shall the
machines be unlocked until the opening of the polls on the additional
day for voting and the board of elections shall provide [an] additional
[seal] SECURITY SEALS to be used as soon as the polls are closed on such
day.
A. 5312 30
4. Only those persons duly registered to vote upon the original date
of the [general] election who did not vote on such date shall be enti-
tled to vote on the additional day for voting. Voting on the additional
day provided for in this section shall be accomplished solely by phys-
ically appearing at the polling place and nothing contained in this
section shall be construed to extend the time set by law for casting or
canvassing a SPECIAL, military, absentee, SPECIAL FEDERAL or special
presidential ballot; provided, however, that nothing contained herein
shall be deemed to invalidate any SPECIAL, MILITARY, absentee, [mili-
tary] SPECIAL FEDERAL or special presidential ballot duly received on
the original date of the [general] election.
5. (A) A county board of elections, or the state board of elections
with respect to an election conducted in a political subdivision in the
jurisdiction of more than one county board of elections, may determine
that, as the direct consequence of a fire, earthquake, tornado, explo-
sion, power failure, act of sabotage, enemy attack or other disaster OR
STATE OF EMERGENCY, the ability to make a filing with respect to any
provision of this chapter was substantially impaired. Upon making such a
finding, a county board of elections, or the state board of elections
shall extend for a reasonable time the period for making such filing. An
extension GRANTED pursuant to this subdivision [granted by a county
board of elections] shall NOT be [subject to the approval of the state
board of elections if such extension is] longer than [one] TWO business
[day] DAYS.
(B) A COUNTY BOARD OF ELECTIONS, OR THE STATE BOARD OF ELECTIONS WITH
RESPECT TO AN ELECTION CONDUCTED IN A POLITICAL SUBDIVISION IN THE
JURISDICTION OF MORE THAN ONE COUNTY BOARD OF ELECTIONS, MAY DETERMINE
THAT, AS THE DIRECT CONSEQUENCE OF A FIRE, EARTHQUAKE, TORNADO, EXPLO-
SION, POWER FAILURE, ACT OF SABOTAGE, ENEMY ATTACK OR OTHER DISASTER OR
STATE OF EMERGENCY, THE ABILITY TO CONVENE A PARTY CAUCUS ON THE DATE
SCHEDULED FOR SUCH CAUCUS AND MAKE THE REQUIRED FILINGS FOR THE PURPOSE
OF NOMINATING ONE OR MORE CANDIDATES WAS SUBSTANTIALLY IMPAIRED. UPON
MAKING SUCH A FINDING, A COUNTY BOARD OF ELECTIONS, OR THE STATE BOARD
OF ELECTIONS, SHALL POSTPONE FOR A REASONABLE TIME THE DATE OF SAID
PARTY CAUCUS AND REQUIRED FILINGS. AN EXTENSION GRANTED PURSUANT TO THIS
SUBDIVISION SHALL NOT BE LONGER THAN ONE WEEK FROM THE DATE OF THE
ORIGINALLY-SCHEDULED PARTY CAUCUS.
(C) IF AN EXTENSION IS GRANTED PURSUANT TO THIS SUBDIVISION BY THE
STATE BOARD OF ELECTIONS, SUCH BOARD SHALL NOTIFY THE RESPECTIVE COUNTY
BOARDS OF ELECTIONS OF SUCH EXTENSION AND POST SUCH NOTICE ON ITS
WEBSITE.
(D) THE COUNTY BOARD OF ELECTIONS SHALL IMMEDIATELY NOTIFY MEDIA
OUTLETS OF THE EXTENSIONS PROVIDED PURSUANT TO THIS SECTION, POST SUCH
NOTICE TO ITS WEBSITE AND, TO THE EXTENT PRACTICABLE FOR THE EXTENSION
OF A PARTY CAUCUS, POST SUCH NOTICE AT THE LOCATION OF THE ORIGINALLY-
SCHEDULED CAUCUS. THE COUNTY BOARD OF ELECTIONS SHALL ALSO PROVIDE WRIT-
TEN NOTICE TO ALL APPROPRIATE COUNTY, TOWN, CITY AND VILLAGE CLERKS AND
MUNICIPAL ATTORNEYS.
§ 2. This act shall take effect immediately.
PART K
Section 1. Subdivision 1 of section 1-106 of the election law, as
amended by chapter 700 of the laws of 1977, is amended to read as
follows:
A. 5312 31
1. All papers required to be filed pursuant to the provisions of this
chapter shall, unless otherwise provided, be filed between the hours of
nine A.M. and five P.M. If the last day for filing shall fall on a
Saturday, Sunday or legal holiday, the next business day shall become
the last day for filing. All papers sent by mail in an envelope post-
marked prior to midnight of the last day of filing shall be deemed time-
ly filed and accepted for filing when received, except THAT ALL CERTIF-
ICATES AND PETITIONS OF DESIGNATION OR NOMINATION, CERTIFICATES OF
ACCEPTANCE OR DECLINATION OF SUCH DESIGNATIONS OR NOMINATIONS, CERTIF-
ICATES OF AUTHORIZATION FOR SUCH DESIGNATIONS OR NOMINATIONS, CERTIF-
ICATES OF DISQUALIFICATION, CERTIFICATES OF SUBSTITUTION FOR SUCH DESIG-
NATIONS OR NOMINATIONS AND OBJECTIONS AND SPECIFICATIONS OF OBJECTIONS
TO SUCH CERTIFICATES AND PETITIONS REQUIRED TO BE FILED WITH THE STATE
BOARD OF ELECTIONS OR A BOARD OF ELECTIONS OUTSIDE OF THE CITY OF NEW
YORK SHALL BE DEEMED TIMELY FILED AND ACCEPTED FOR FILING IF SENT BY
MAIL OR DESIGNATED DELIVERY SERVICE PERMITTED BY SUBDIVISION THREE OF
THIS SECTION, IN AN ENVELOPE POSTMARKED PRIOR TO MIDNIGHT OF THE LAST
DAY OF FILING AND RECEIVED NO LATER THAN TWO BUSINESS DAYS AFTER THE
LAST DAY TO FILE SUCH CERTIFICATES, PETITIONS, OBJECTIONS OR SPECIFICA-
TIONS. FAILURE OF THE POST OFFICE OR ANY OTHER PERSON OR ENTITY TO
DELIVER ANY SUCH PETITION, CERTIFICATE OR OBJECTION TO SUCH BOARD OF
ELECTIONS OUTSIDE THE CITY OF NEW YORK NO LATER THAN TWO BUSINESS DAYS
AFTER THE LAST DAY TO FILE SUCH CERTIFICATES, PETITIONS, OBJECTIONS OR
SPECIFICATIONS SHALL BE A FATAL DEFECT. EXCEPTED FURTHER that all
certificates and petitions of designation or nomination, certificates of
acceptance or declination of such designations and nominations, certif-
icates of substitution for such designations or nominations and
objections and specifications of objections to such certificates and
petitions required to be filed with the board of elections of the city
of New York must be actually received by such city board of elections on
or before the last day to file any such petition, certificate or
objection and such office shall be open for the receipt of such
petitions, certificates and objections until midnight on the last day to
file any such petition, certificate or objection. Failure of the post
office or any other person or entity to deliver any such petition,
certificate or objection to such city board of elections on or before
such last day shall be a fatal defect.
§ 2. 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. Such polling places must be
designated by [May first] MARCH FIFTEENTH, of each year, and shall be
effective for one year thereafter. Such a list required to be submitted
by a village board of trustees must be submitted at least four months
A. 5312 32
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 beverages for on premises consump-
tion is conducted on any day of local registration 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 desig-
nated 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.
§ 3. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
vision 2 as amended by chapter 635 of the laws of 1990, are amended to
read as follows:
1. The state board of elections shall, [at least eight months before
each] BY FEBRUARY FIRST IN THE YEAR OF EACH general election, make and
transmit to the board of elections of each county, a certificate stating
each office, except county, city, village and town offices to be voted
for at such election in such county.
2. Each county, city, village and town clerk, [at least eight months
before each] BY FEBRUARY FIRST IN THE YEAR OF EACH general election,
shall make and transmit to the board of elections a certificate stating
each county, city, village or town office, respectively to be voted for
at each such election. Each village clerk, at least five months before
each general village election conducted by the board of elections, shall
make, and transmit to such board, a certificate stating each village
office to be filled at such election.
§ 4. Paragraph b of subdivision 1 of section 4-108 of the election
law, as amended by chapter 117 of the laws of 1985, is amended to read
as follows:
b. Whenever any proposal, proposition or referendum as provided by law
is to be submitted to a vote of the people of a county, city, town,
village or special district, at an election conducted by the board of
elections, the clerk of such political subdivision, at least [thirty-six
days] THREE MONTHS prior to the GENERAL election at which such proposal,
proposition or referendum is to be submitted, shall transmit to each
board of elections a certified copy of the text of such proposal, propo-
sition or referendum and a statement of the form in which it is to be
submitted. If a special election is to be held, such transmittal shall
also give the date of such election.
§ 5. Section 4-110 of the election law, as amended by chapter 434 of
the laws of 1984, is amended to read as follows:
§ 4-110. Certification of primary election candidates; state board of
elections. The state board of elections not later than [thirty-six]
FIFTY-FIVE days before a primary election, shall certify to each county
board of elections: The name and residence of each candidate to be voted
for within the political subdivision of such board for whom a desig-
nation has been filed with the state board; the title of the office or
position for which the candidate is designated; the name of the party
upon whose primary ballot his OR HER name is to be placed; and the order
in which the names of the candidates are to be printed as determined by
the state board. Where an office or position is uncontested, such
certification shall state such fact.
§ 6. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 4 of the laws of 2011, is amended to read as follows:
A. 5312 33
1. The state board of elections, not later than [thirty-six] FIFTY-
FIVE days before a general election, or fifty-three days before a
special election, shall certify to each county board of elections the
name and residence of each candidate nominated in any valid certificate
filed with it or by the returns canvassed by it, the title of the office
for which nominated; the name of the party or body specified of which he
OR SHE is a candidate; the emblem chosen to distinguish the candidates
of the party or body; and a notation as to whether or not any litigation
is pending concerning the candidacy. Upon the completion of any such
litigation, the state board of elections shall forthwith notify the
appropriate county boards of elections of the results of such liti-
gation.
§ 7. Section 4-114 of the election law, as amended by chapter 4 of
the laws of 2011, is amended to read as follows:
§ 4-114. Determination of candidates and questions; county board of
elections. The county board of elections, not later than the [thirty-
fifth] FIFTY-FOURTH day before the day of a primary or general election,
or the fifty-third day before a special election, shall determine the
candidates duly nominated for public office and the questions that shall
appear on the ballot within the jurisdiction of that board of elections.
§ 8. Subdivision 1 of section 5-604 of the election law, as amended by
chapter 28 of the laws of 2010, is amended to read as follows:
1. The board of elections shall also cause to be published for each
election district a complete list of the registered voters of each
election district. Such list shall, in addition to the information
required for registration lists, include the party enrollment of each
voter. At least as many copies of such list shall be prepared as the
required minimum number of registration lists.
Lists for all the election districts in a ward or assembly district
may be bound together in one volume. The board of elections shall also
cause to be published a complete list of names and residence addresses
of the registered voters, including the party enrollment of each voter,
for each town and city over which the board has jurisdiction. The names
for each town and city may be arranged according to street and number or
alphabetically. Such lists shall be published before the first day of
[April] FEBRUARY. The board shall keep at least five copies for public
inspection at each main office or branch office of the board. Surplus
copies of the lists shall be sold at a charge not exceeding the cost of
publication.
§ 9. Paragraph a of subdivision 5 of section 5-708 of the election
law, as added by chapter 659 of the laws of 1994, is amended to read as
follows:
a. At least once each year during the month of [May] FEBRUARY, each
board of elections shall obtain through the National Change of Address
System, the forwarding address for every voter registered with such
board of elections for whom the United States Postal Service has such a
forwarding address together with the name of each such voter whom the
Postal Service records indicate has moved from the address at which he
is registered without leaving a forwarding address.
§ 10. Subdivision 1 of section 6-108 of the election law, as amended
by chapter 160 of the laws of 1996, is amended to read as follows:
1. In any town in a county having a population of over seven hundred
fifty thousand inhabitants, as shown by the latest federal decennial or
special population census, party nominations of candidates for town
offices shall be made at the primary preceding the election. In any
other town, nominations of candidates for town offices shall be made by
A. 5312 34
caucus or primary election as the rules of the county committee shall
provide, except that the members of the county committee from a town may
adopt by a two-thirds vote, a rule providing that the party candidates
for town offices shall be nominated at the primary election. If a rule
adopted by the county committee of a political party or by the members
of the county committee from a town, provides that party candidates for
town offices, shall be nominated at a primary election, such rule shall
not apply to nor affect a primary held less than four months after a
certified copy of the rule shall have been filed with the board of
elections. After the filing of such a rule, the rule shall continue in
force until a certified copy of a rule revoking the same shall have been
filed with such board at least four months before a subsequent primary.
Such a caucus shall be held no earlier than the first day on which
designating petitions for the [fall] primary election may be signed.
§ 11. Subdivisions 1 and 2 of section 6-147 of the election law, as
amended by chapter 434 of the laws of 1984, are amended to read as
follows:
1. The name of a person designated on more than one petition as a
candidate for a party position to be filled by two or more persons shall
be printed on the ballot with the group of candidates designated by the
petition first filed unless such person, in a certificate duly acknowl-
edged by him OR HER and filed with the board of elections not later than
the [eighth] TENTH Tuesday preceding the primary election or five days
after the board of elections mails such person notice of his OR HER
designation in more than one group, whichever is later, specifies anoth-
er group in which his OR HER name shall be printed.
2. A person designated as a candidate for the position of member of
the county committee in more than one election district shall be deemed
to have been designated in the lowest numbered election district unless
such person, in a certificate duly acknowledged by him OR HER, and filed
with the board of elections not later than the [eighth] TENTH Tuesday
preceding the primary election or five days after the board of elections
mails such person notice of his OR HER designation in more than one
election district whichever is later, specifies that he OR SHE wishes to
be deemed designated in a different election district.
§ 12. Subdivisions 1, 4, 5, 9, 11, 12 and 14 of section 6-158 of the
election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434 of
the laws of 1984 and subdivision 9 as amended by chapter 517 of the laws
of 1986, are amended to read as follows:
1. A designating petition shall be filed not earlier than the [tenth]
THIRTEENTH Monday before, and not later than the [ninth] TWELFTH Thurs-
day preceding the primary election.
4. A petition of enrolled members of a party requesting an opportunity
to write in the name of an undesignated candidate for a public office or
party position at a primary election shall be filed not later than the
[eighth] ELEVENTH Thursday preceding the primary election. However,
where a designating petition has been filed and the person named therein
has declined such designation and another person has been designated to
fill the vacancy, then in that event, a petition for an opportunity to
ballot in a primary election shall be filed not later than the [seventh]
TENTH Thursday preceding such primary election.
5. A judicial district convention shall be held not earlier than [the
Tuesday following the third Monday in September preceding the general
election and not later than the fourth Monday in September preceding
such election] TEN DAYS FOLLOWING THE DEADLINE PURSUANT TO SECTION TWEN-
TY-ONE OF ARTICLE VI OF THE STATE CONSTITUTION FOR THE VACANCY IN THE
A. 5312 35
OFFICE OF THE SUPREME COURT TO OCCUR AND STILL BE FILLED AT THE NEXT
GENERAL ELECTION AND NOT LATER THAN SIX DAYS AFTER SUCH EARLIEST DATE TO
HOLD SUCH CONVENTION.
9. A petition for an independent nomination for an office to be filled
at the time of a general election shall be filed not earlier than
[twelve] TWENTY-THREE weeks and not later than [eleven] TWENTY-TWO weeks
preceding such election. A petition for an independent nomination for an
office to be filled at a special election shall be filed not later than
twelve days following the issuance of a proclamation of such election.
[A petition for trustee of the Long Island Power Authority shall be
filed not earlier than seven weeks and not later than six weeks preced-
ing the day of the election of such trustees.]
11. A certificate of acceptance or declination of an independent nomi-
nation for an office to be filled at the time of a general election
shall be filed not later than the third day after the [eleventh] TWEN-
TY-SECOND Tuesday preceding such election except that a candidate who
files such a certificate of acceptance for an office for which there
have been filed certificates or petitions designating more than one
candidate for the nomination of any party, may thereafter file a certif-
icate of declination not later than the third day after the primary
election. A certificate of acceptance or declination of an independent
nomination for an office to be filled at a special election shall be
filed not later than fourteen days following the issuance of a proclama-
tion of such election.
12. A certificate to fill a vacancy caused by a declination of an
independent nomination for an office to be filled at the time of a
general election shall be filed not later than the sixth day after the
[eleventh] TWENTY-SECOND Tuesday preceding such election. A certificate
to fill a vacancy caused by a declination of an independent nomination
for an office to be filled at a special election shall be filed not
later than sixteen days following the issuance of a proclamation of such
election.
14. A vacancy occurring THREE MONTHS before [September twentieth of]
THE GENERAL ELECTION IN any year in any office authorized to be filled
at a general election, except in the offices of governor, lieutenant-
governor, or United States senator shall be filled at the general
election held next thereafter, unless otherwise provided by the consti-
tution, or unless previously filled at a special election.
§ 13. Subdivision 6 of section 6-158 of the election law, as amended
by chapter 79 of the laws of 1992, is amended to read as follows:
6. (A) A certificate of a party nomination made other than at the
primary election for an office to be filled at the time of a general
election shall be filed not later than [seven] THIRTY days after the
fall primary election, (B) except that a certificate of nomination for
an office which becomes vacant after the seventh day preceding such
primary election shall be filed not later than [fourteen] THIRTY DAYS
AFTER THE PRIMARY ELECTION OR TEN days after the creation of such vacan-
cy, WHICHEVER IS LATER, and (C) except, further, that a certificate of
party nomination of candidates for elector of president and vice-presi-
dent of the United States shall be filed not later than [fourteen] SIXTY
days [after the fall primary] BEFORE THE GENERAL election, and (D)
except still further that a certificate of party nomination made at a
judicial district convention shall be filed not later than the day after
the last day to hold such convention and the minutes of such convention,
duly certified by the chairman and secretary, shall be filed within
seventy-two hours after adjournment of the convention. A certificate of
A. 5312 36
party nomination for an office to be filled at a special election shall
be filed not later than ten days following the issuance of a proclama-
tion of such election.
§ 14. Paragraph (a) of subdivision 1 of section 8-100 of the election
law, as amended by chapter 17 of the laws of 2007, is amended to read as
follows:
(a) A primary election[, to be known as the fall primary,] shall be
held on the [first] FOURTH Tuesday [after the second Monday] in [Septem-
ber] JUNE before every general election unless otherwise changed by an
act of the legislature. MEMBERS OF THE STATE AND COUNTY COMMITTEES AND
ASSEMBLY DISTRICT LEADERS AND ASSOCIATE DISTRICT LEADERS AND ALL OTHER
PARTY POSITIONS TO BE ELECTED SHALL BE ELECTED AT SUCH PRIMARY AND ALL
NOMINATIONS FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY ELECTION
IN SUCH YEAR SHALL BE MADE AT SUCH PRIMARY. In each year in which elec-
tors of president and vice president of the United States are to be
elected an additional primary election, to be known as the spring prima-
ry, shall be held on the first Tuesday in February unless otherwise
changed by an act of the legislature, for the purpose of electing deleg-
ates to the national convention[, members of state and county committees
and assembly district leaders and associate assembly district leaders].
§ 15. Paragraph (a) of subdivision 1 of section 10-108 of the
election law, as amended by chapter 4 of the laws of 2011, is amended to
read as follows:
(a) Ballots for military voters shall be mailed or otherwise distrib-
uted by the board of elections, in accordance with the preferred method
of transmission designated by the voter pursuant to section 10-107 of
this article, as soon as practicable but in any event not later than
[thirty-two] FORTY-SIX days before a primary or general election[; twen-
ty-five days before], a New York city community school board district or
city of Buffalo school district election; fourteen days before a village
election conducted by the board of elections; and forty-five days before
a special election. A voter who submits a military ballot application
shall be entitled to a military ballot thereafter for each subsequent
election through and including the next two regularly scheduled general
elections held in even numbered years, including any run-offs which may
occur; provided, however, such application shall not be valid for any
election held within seven days after its receipt. Ballots shall also
be mailed to any qualified military voter who is already registered and
who requests such military ballot from such board of elections in a
letter, which is signed by the voter and received by the board of
elections not later than the seventh day before the election for which
the ballot is requested and which states the address where the voter is
registered and the address to which the ballot is to be mailed. The
board of elections shall enclose with such ballot a form of application
for military ballot. In the case of a primary election, the board shall
deliver only the ballot of the party with which the military voter is
enrolled according to the military voter's registration records. In the
event a primary election is uncontested in the military voter's election
district for all offices or positions except the party position of
member of the ward, town, city or county committee, no ballot shall be
delivered to such military voter for such election; and the military
voter shall be advised of the reason why he or she will not receive a
ballot.
§ 16. Subdivision 4 of section 11-204 of the election law, as amended
by chapter 4 of the laws of 2011, is amended to read as follows:
A. 5312 37
4. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
vote a special federal ballot, it shall, as soon as practicable after it
shall have so determined, or not later than [thirty-two] FORTY-SIX days
before each general or primary election [and forty-five days before
each] OR special election in which such applicant is qualified to vote,
or three days after receipt of such an application, whichever is later,
mail to him or her at the residence address outside the United States
shown in his or her application, a special federal ballot, an inner
affirmation envelope and an outer envelope, or otherwise distribute same
to the voter in accordance with the preferred method of transmission
designated by the voter pursuant to section 11-203 of this title. The
board of elections shall also mail, or otherwise distribute in accord-
ance with the preferred method of transmission designated by the voter
pursuant to section 11-203 of this title, a special federal ballot to
every qualified special federal voter who is already registered and who
requests such special federal ballot from such board of elections in a
letter, which is signed by the voter and received by the board of
elections not later than the seventh day before the election for which
the ballot is first requested and which states the address where the
voter is registered and the address to which the ballot is to be mailed.
The board of elections shall enclose with such ballot a form of applica-
tion for a special federal ballot.
§ 17. Subdivisions 1 and 4 of section 42 of the public officers law,
subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
sion 4 as amended by chapter 317 of the laws of 1954, are amended to
read as follows:
1. A vacancy occurring THREE MONTHS before [September twentieth of]
THE GENERAL ELECTION IN any year in any office authorized to be filled
at a general election, except in the offices of governor or lieutenant-
governor, shall be filled at the general election held next thereafter,
unless otherwise provided by the constitution, or unless previously
filled at a special election.
4. A special election shall not be held to fill a vacancy in the
office of a representative in congress unless such vacancy occurs on or
before the first day of July of the last year of the term of office, or
unless it occurs thereafter and a special session of congress is called
to meet before the next general election, or be called after [September
nineteenth of] THREE MONTHS BEFORE THE GENERAL ELECTION IN such year;
nor to fill a vacancy in the office of state senator or in the office of
member of assembly, unless the vacancy occurs before the first day of
April of the last year of the term of office, or unless the vacancy
occurs in either such office of senator or member of assembly after such
first day of April and a special session of the legislature be called to
meet between such first day of April and THE NEXT GENERAL ELECTION OR BE
CALLED AFTER THREE MONTHS BEFORE the next general election [or be called
after September nineteenth] in such year. If a special election to fill
an office shall not be held as required by law, the office shall be
filled at the next general election.
§ 18. This act shall take effect immediately.
PART L
Section 1. The election law is amended by adding a new section 3-112
to read as follows:
A. 5312 38
§ 3-112. STATE REIMBURSEMENT FOR ADDITIONAL EXPENSES RELATING TO EARLY
VOTING, ENHANCED LANGUAGE ACCESS AND EXPANDED PRIMARY HOURS. 1. THE
STATE SHALL REIMBURSE COUNTIES AND THE CITY OF NEW YORK FOR ADDITIONAL
COSTS DIRECTLY ASSOCIATED WITH THE IMPLEMENTATION AND ADMINISTRATION OF:
(A) EARLY VOTING PURSUANT TO TITLE SIX OF ARTICLE EIGHT OF THIS CHAP-
TER; AND
(B) ENHANCED LANGUAGE ACCESS FOR CERTAIN LIMITED ENGLISH PROFICIENT
AND NON-ENGLISH SPEAKING RESIDENTS OF SUCH COUNTIES OR CITY PURSUANT TO
SECTION 3-507 OF THIS CHAPTER.
2. THE STATE ALSO SHALL REIMBURSE AFFECTED COUNTIES FOR ADDITIONAL
COSTS DIRECTLY ASSOCIATED WITH THE IMPLEMENTATION AND ADMINISTRATION OF
THAT PORTION OF SECTION THREE OF PART H OF A CHAPTER OF THE LAWS OF TWO
THOUSAND SEVENTEEN ENTITLED THE "NEW YORK VOTES ACT" THAT AMENDED SUBDI-
VISION TWO OF SECTION 8-100 OF THIS CHAPTER TO EXPAND HOURS FOR PRIMARY
ELECTIONS HELD IN SUCH COUNTIES.
3. REIMBURSEMENT OF EXPENSES BY THE STATE PURSUANT TO SUBDIVISIONS ONE
AND TWO OF THIS SECTION SHALL BE MADE ONLY UPON WRITTEN APPLICATION OF
SUCH COUNTIES OR THE CITY OF NEW YORK FILED WITH THE STATE BOARD OF
ELECTIONS. SUCH APPLICATION SHALL, AT A MINIMUM, INCLUDE A DETAILED
DESCRIPTION AND ITEMIZATION OF THE ADDITIONAL COSTS AND EXPENSES FOR
WHICH REIMBURSEMENT IS SOUGHT AND SUCH OTHER INFORMATION AS THE STATE
BOARD OF ELECTIONS MAY REQUIRE. TO THE EXTENT APPLICABLE, SUCH REIMBURS-
ABLE COSTS MAY INCLUDE ADDITIONAL CLERICAL COSTS, MAINTENANCE AND OPERA-
TION COSTS, AS WELL AS SALARIES OF LOCAL BOARD OF ELECTIONS PERSONNEL,
POLL INSPECTORS, BALLOT AND SAMPLE BALLOT PRODUCTION AND SUCH OTHER
ADDITIONAL COSTS THAT MAY ACCRUE IN FULFILLING THE STATUTORY REQUIRE-
MENTS REFERENCED IN SUBDIVISIONS ONE AND TWO OF THIS SECTION.
4. THE STATE BOARD OF ELECTIONS SHALL APPROVE SUCH REIMBURSEMENT
PROVIDED IT CONFORMS TO STANDARDS RELATING TO THE ADMINISTRATION OF
ELECTIONS.
5. STATE AID SHALL BE GRANTED TO THE CITY OF NEW YORK AND THE RESPEC-
TIVE COUNTIES OUTSIDE THE CITY OF NEW YORK PURSUANT TO THIS SECTION ONLY
TO THE EXTENT OF REIMBURSING ONE HUNDRED PER CENTUM OF THE ADDITIONAL
EXPENDITURES INCURRED BY THE COUNTY OR CITY IN COMPLYING WITH THE STATU-
TORY REQUIREMENTS REFERENCED IN SUBDIVISIONS ONE AND TWO OF THIS
SECTION.
6. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
IN FURTHERANCE OF THESE PROVISIONS IN ACCORDANCE WITH SECTION 3-102 OF
THIS TITLE.
§ 2. This act shall take effect immediately.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgement shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such
judgement shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through L of this act shall be
as specifically set forth in the last section of such Parts.
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