NY State Senate Bill 2017-S7400A

Archive: Last Bill Status - In Senate Committee Rules 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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2018	reported and committed to rules
Mar 19, 2018	notice of committee consideration - requested
Feb 02, 2018	print number 7400a
Feb 02, 2018	amend and recommit to elections
Jan 12, 2018	referred to elections

Votes

- Jun 4, 2018 - Elections Committee Vote
  S7400A
  
  Aye
  
  4
  
  Nay
  
  4
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Elections Committee Vote: Jun 4, 2018
      
      aye (4)
      
      Avella
      
      Dilan
      
      Kavanagh
      
      Krueger
      
      nay (4)
      
      Akshar
      
      Gallivan
      
      Marchione
      
      Tedisco
      
      aye wr (1)
      
      Amedore

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2017-S7400 - Details

Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 4-117, 8-100, 8-102, 8-104 & 8-508, add Art 8 Title 6 §§8-600 - 8-602, El L; add §92-t, amd §95, St Fin L

2017-S7400 - Summary

Relates to establishing early voting and the New York state early voting fund; provides that beginning the eighth day prior to any election and ending on and including the second day prior to the election a person duly registered and eligible to vote shall be permitted to vote; establishes such fund for the purpose of making payments to the board of elections of each county and the city of New York to reimburse any actual costs incurred by such boards of elections to provide polling places for early voting.

2017-S7400 - Sponsor Memo

                                
 
BILL NUMBER: S7400

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to amend the election law and the state finance
law, in relation to establishing early voting and the New York state
early voting fund

 
PURPOSE:

This bill establishes a system to permit eligible voters throughout the
state to vote in person during a designated period prior to any primary,
special, or general election day and provides a mechanism to reimburse
local boards of elections for the costs associated with early voting in
elections.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends Section 3-400 of the election law by
adding a new subdivision 9 to clarify the manner in which election
inspectors and poll clerks are to be appointed for polling places for
early voting, and setting a standard for wait times for early voting not

to exceed thirty minutes.

Section two of the bill amends section 4-117 of the election law by
adding a new subdivision 1-a to require the board of elections to notify
voters annually of the days, hours, and locations of polling places for
early voting. The board of elections may satisfy this requirement by
providing instructions in the notice regarding how to get the informa-
tion via the internet or by phone.

Section three of the bill amends subdivision 2 of section 8-100 of the
election law to require that polls for a primary election in Nassau,
Suffolk, Westchester, Rockland, Orange, Putnam and Erie open at seven
o'clock in the morning, and for a special election and every other
election open at seven o'clock in the morning, except for a general
election in which polls shall open at six o'clock in the morning, and to
state that early voting hours shall be as set forth in section 8-600.

Section four of the bill amends subdivision 1 of section 8-102 of the
election law by adding a new paragraph (k) to apply the provisions of
article 8 of the election law to early voting, except for certain
provisions related to tabulation and proclamation of results.

Section five of the bill amends section 8-104 of the election law by
adding a new subdivision 7 to note that section 8-104 applies on early
voting days.

Section six of the bill amends paragraph (b) of subdivision 2 of section
8-508 of the election law to provide that challenges of voters on early
voting days should be included on the same type of report that records
challenges on election day.

Section seven of the bill amends article 8 of the election law by adding
a new title 6, with new sections 8-600 and 8-602, setting out the proc-
ess for early voting.

-Subdivision one of section 8-600 of the new title specifies that early
voting begins on the eighth day prior to any general, primary or special
election and ends and includes the second day prior (i.e., on the Sunday
before a Tuesday election day). The subdivision also requires boards of
elections to establish procedures to ensure that persons who vote during
the early voting period aren't permitted to vote subsequently in the
same election.

-Subdivision two of section 8-600 of the new title specifies in para-
graphs (a), (b), and (c) the number of required polling places for early
voting. The required number depends on the number of registered voters
in each county, with one polling place for each full increment of 50,000
registered voters, but no fewer than one and no more than seven sites
required in each county. Counties would be able to add more at their
discretion or, in certain circumstances, reduce the number below that
otherwise required. Paragraph (d) of the subdivision requires locations
to be chosen to give all eligible voters adequate, equitable access to
early voting, to the extent practicable, and specifies certain factors
to be considered in location decisions. Paragraph (d) also applies the
provisions of section 4-104 of the election law to the designation of
polling places for early voting; these are the existing requirements for
siting polling places for election day voting.

-Subdivision three of section 8-600 of the new title requires that all
voters should generally be able to vote at any polling place for early
voting in their county, but allows for an exception if this would be
impractical.

-Subdivision four of section 8-600 of the new title sets requirements
for hours early voting must be available in each county, with substan-
tial flexibility for the counties. Polls would be open for early voting
for at least 8 hours between 7:00 a.m. and 8:00 p.m. on weekdays,
provided that one site at which all eligible voters may vote shall
remain open until at least 8:00 p.m. on two weekdays in each calendar
week of the early voting period, and for at least 5 hours between 9:00
a.m. and 6:00 p.m. on Saturdays, Sundays, and legal holidays. Counties
would have the option of providing additional hours as well. They would
be required to designate the standard hours of operation for early
voting by May 1st each year; this is the day boards of elections must
designate polling places for the coming year under existing law.

-Subdivision five of section 8-600 of the new title requires each board
of elections to create a communication plan to inform eligible voters of
the opportunity to vote early.

-Subdivision six of section 8-600 of the new title applies existing
requirements for paper ballots to those to be used for early voting.

-Subdivision seven of section 8-600 of the new title applies existing
requirements related to voter challenges to early voting.

-Subdivisions eight, nine, ten, and eleven of section 8-600 of the new
title set out provisions for handling ballots and scanners at the end of
each day of early voting and after the polls close on election day.
Generally, the new subdivisions apply the same process for canvassing,
tabulating, and announcing results that already apply on election day,
with some minor adjustments to reflect that fact that early voting
occurs over multiple days. No results for early voting would be tabu-
lated before the polls close on election day.


Section 8-602 of the new title sets forth certain powers and duties of
the state board of elections to make rules regarding early voting.

Section eight of the bill amends the State Finance Law by adding a new
section 92-t.

-Subdivision 1 of the new section 92-t establishes the New York State
Early Voting Fund.

-Subdivision 2 of the new section 92-t states that the fund would
consist of revenue received from the Abandoned Property Fund pursuant to
subdivision 5 of section 95 of the State Finance Law.

-Subdivision 3 of the new section 92-t provides that the fund may be
used to reimburse the board of elections of each county and the City of
New York for any actual costs incurred as a result of early voting
required by the election law.

-Subdivision 4 of the new section 92-t states that boards of elections
seeking reimbursements for early voting shall submit documentation of
their costs to the State Board of Elections.

-Subdivision 5 of the new section 92-t provides that the State Board of
Elections and the State Comptroller shall issue any rules and regu-
lations necessary to implement the provisions of the section.

Section nine of the bill amends section 95 of the State Finance Law by
adding a new subdivision 5, which allows for the transfer of funds from
the Abandoned Property Fund to the new early voting fund in an amount
determined necessary by the State Board of Elections.

Section ten of the bill sets forth the effective date.

 
JUSTIFICATION:

Given the vital role that voting plays in a participatory democracy, New
York should ensure that our elections are run in ways that meet contem-
porary standards for accessibility, equity, and efficiency.  Providing
eligible voters the opportunity to vote in person during a designated
period before election day would be a major step towards achieving this
goal.

Early voting would make it less burdensome for New Yorkers to access the
polls and exercise their civic obligation to vote. Early voting would
reduce inequity, because some voters have greater difficulty than others
arranging to vote on a single designated day. And early voting would
improve the efficiency of elections from the perspective of election
administrators, as well as voters, by spreading the work of managing
elections over a longer period of time, alleviating some of the problems
that are created by the current system of having all in-person voting
take place in a single day, such as long lines at the polls and
exhausted poll workers.

Establishing a 7-day early voting period running until the Sunday before
election day would give busy New Yorkers, who often must juggle many
personal, family, and work obligations, more flexibility in finding a
time to vote. Those who are unable to vote on election day should not be

excluded from participating in the democratic process merely because
they are unavailable on a single day.

Of particular importance in establishing an early voting period is the
addition of weekend hours for in-person voting. Due to their own work
schedules or those of partners with whom they share responsibilities as
caregivers, many people have time to vote on the weekend that they do
not have on weekdays.

In order to ensure that early voting is instituted in a practical, effi-
cient, and cost-effective manner, this bill takes into account the wide
variation in characteristics of different counties throughout the state,
by providing county boards of elections with flexibility to establish
locations and hours for early voting that are tailored to the unique
circumstances of their respective counties. This flexibility is balanced
by minimum standards that would ensure that all voters have a meaningful
opportunity to vote early. The most significant way the bill allows for
variations among counties relates to the number of polling places each
county would be required to provide for early voting. New York's least
populous county has fewer than 5,000 residents whereas its most populous
has more than 2.5 million. To account for this wide variation, the mini-
mum number of polling places for early voting required in each county
would be based on a tiered system, with one site per 50,000 registered
voters, up to a maximum of 7 required sites. The mandated number for
each county would represent a minimum requirement; county boards of
elections would be permitted to establish additional polling places at
their discretion.

The bill also contains several additional guidelines for the establish-
ment of polling places for early voting to enhance the effectiveness of
early voting and ensure that localities have the discretion to implement
it efficiently.

First, to the extent practicable, county boards of elections would be
required to designate polling places in locations that maximize accessi-
bility for eligible voters. The bill incorporates various guidelines
that already apply to siting of election day polling places.

Second, while the general rule established in the bill is that every
eligible voter would be permitted to vote at any polling place in the
county where he or she is registered, the bill recognizes that this may
not always be practical because of the number of distinct ballot types
that might be required at each polling place, and other factors. There-
fore, the board of elections in each county would have the discretion to
choose to make certain polling places serve only a portion of the coun-
ty, provided that every voter has at least one polling place to vote
early.

Another way the bill allows for variations among counties relates to the
hours for early voting. The bill establishes guidelines for the minimum
number of hours that polling places for early voting would be required
to be open, ensuring that all voters would have meaningful opportunities
to avail themselves of the option to vote early. On the other hand,
county boards of elections would have the discretion to set the specific
hours for each polling place, to reflect the distinct needs and prefer-
ences of New Yorkers in different parts of the state. These provisions
would require that all early voting sites are open for at least eight
hours on weekdays, including two days a week with evening hours, and for
at least five hours on weekends and holidays. The requirement of evening
hours two days a week overlaps somewhat with the existing requirement in
election law section 3-214 requiring that board of elections offices
maintain extended hours on two weekdays in the two weeks prior to any
general election.

Finally, one objection raised to establishing early voting in New York
State is the cost to local boards of elections. The bill addresses this
issue by reimbursing counties for the costs of early voting through the
abandoned property fund.

As of 2017, thirty-seven states and the District of Columbia (D.C.)
allow early voting. Thirty-four states and D.C. allow in-person early
voting; an additional three states mail ballots to all voters, permit-
ting all voters to vote early.

For all the foregoing reasons, New York should institute early voting
and support the right of all New Yorkers to meet their civic obligations
and participate in our democracy in a reasonable, accessible manner.

 
LEGISLATIVE HISTORY:

2013-14 (S1461A) Died in Elections; Passed Assembly (A689A)
2015-16 (S3813C) Died in Local Government; Passed Assembly (A858213)
2017 (S2960/S6688) Died in Rules; Passed Assembly (A2064)

 
FISCAL IMPLICATIONS:

There will be some costs associated with early voting related to staff-
ing polling places, providing outreach materials to educate the public
about the new procedures, and other aspects of administering the system.

There will also be some impact to the state as Funds transferred from
the Abandoned Property Fund to the New York State Early Voting Fund will
be diverted from the General Fund.

There will also be a fiscal impact to localities as this bill will
provide localities with funds to offset any actual costs incurred by
local boards of elections for providing early voting.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to any election
held one hundred twenty days or more after it shall have taken effect;
provided, however, sections eight and nine of this act shall take effect
on the ninetieth day after it shall have become a law; and provided,
further, that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.

2017-S7400 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7400
 
                             I N  S E N A T E
 
                             January 12, 2018
                                ___________
 
 Introduced by Sens. KAVANAGH, STEWART-COUSINS, KENNEDY -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Elections
 
 AN ACT to amend the election law and the state finance law, in  relation
   to establishing early voting and the New York state early voting fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3-400 of the election law is amended  by  adding  a
 new subdivision 9 to read as follows:
   9.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  THIS  ARTICLE,
 ELECTION INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR  EARLY
 VOTING,  SHALL  CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES WHO SHALL
 BE APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED  INDI-
 VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS
 TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
 FOR  EARLY  VOTING  SHALL BE EQUALLY DIVIDED BETWEEN THE MAJOR POLITICAL
 PARTIES. THE BOARD OF ELECTIONS  SHALL  ASSIGN  STAFF  AND  PROVIDE  THE
 RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
 EXCEED THIRTY MINUTES.
   §  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 367 of the laws of 2017, 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, Dutchess and Erie,  and  in  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14170-01-8

 S. 7400                             2
 
 city  or  county  from  [six]  SEVEN  o'clock  in the morning until nine
 o'clock in the evening; the general election from  six  o'clock  in  the
 morning  until nine o'clock in the evening; a special election called by
 the  governor pursuant to the public officers law, and, except as other-
 wise provided by law, every other election, from [six] SEVEN o'clock  in
 the  morning until nine o'clock in the evening; EARLY VOTING HOURS SHALL
 BE AS PROVIDED IN SECTION 8-600 OF THIS ARTICLE.
   § 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.  Paragraph (b) of subdivision 2 of section 8-508 of the election
 law, as amended by chapter 200 of the laws of 1996, is amended  to  read
 as follows:
   (b)  The second section of such report shall be reserved for the board
 of inspectors to enter the name, address and registration serial  number
 of each person who is challenged on the day of election OR ON ANY DAY IN
 WHICH  THERE  IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
 together with the reason for the challenge.   If  no  voters  are  chal-
 lenged,  the  board  of inspectors shall enter the words "No Challenges"
 across the space reserved for such names. In lieu of  preparing  section
 two of the challenge report, the board of elections may provide, next to
 the  name  of  each voter on the computer generated registration list, a
 place for the inspectors of election to record the information  required
 to be entered in such section two, or provide at the end of such comput-
 er  generated  registration list, a place for the inspectors of election
 to enter such information.
   § 7. Article 8 of the election law is amended by adding a new title  6
 to read as follows:
                                 TITLE VI
                               EARLY VOTING
 SECTION 8-600. EARLY VOTING.
         8-602. STATE  BOARD  OF  ELECTIONS;  POWERS AND DUTIES FOR EARLY
                  VOTING.
   § 8-600. EARLY VOTING. 1. BEGINNING THE EIGHTH DAY PRIOR TO ANY GENER-
 AL, PRIMARY OR SPECIAL ELECTION FOR ANY  PUBLIC  OR  PARTY  OFFICE,  AND
 ENDING ON AND INCLUDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR
 SPECIAL  ELECTION  FOR  SUCH PUBLIC OR PARTY OFFICE, PERSONS DULY REGIS-
 TERED AND ELIGIBLE TO VOTE AT SUCH ELECTION SHALL BE PERMITTED  TO  VOTE
 AS  PROVIDED  IN THIS TITLE.   THE BOARD OF ELECTIONS OF EACH COUNTY AND
 THE CITY OF NEW YORK SHALL ESTABLISH PROCEDURES, SUBJECT TO APPROVAL  OF
 THE STATE BOARD OF ELECTIONS, TO ENSURE THAT PERSONS WHO VOTE DURING THE
 EARLY  VOTING  PERIOD SHALL NOT BE PERMITTED TO VOTE SUBSEQUENTLY IN THE
 SAME ELECTION.
   2. (A) THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF  NEW  YORK
 SHALL  DESIGNATE  POLLING  PLACES FOR EARLY VOTING IN EACH COUNTY, WHICH
 MAY INCLUDE THE OFFICES OF THE BOARD OF ELECTIONS, FOR PERSONS  TO  VOTE
 EARLY  PURSUANT  TO  THIS SECTION. THERE SHALL BE SO DESIGNATED AT LEAST
 ONE EARLY VOTING POLLING PLACE FOR EVERY FULL INCREMENT OF  FIFTY  THOU-

 S. 7400                             3
 
 SAND  REGISTERED VOTERS IN EACH COUNTY; PROVIDED, HOWEVER, THE NUMBER OF
 EARLY VOTING POLLING PLACES IN A COUNTY SHALL  NOT  BE  REQUIRED  TO  BE
 GREATER  THAN  SEVEN, AND A COUNTY WITH FEWER THAN FIFTY THOUSAND VOTERS
 SHALL HAVE AT LEAST ONE EARLY VOTING POLLING PLACE.
   (B)  THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK MAY
 ESTABLISH ADDITIONAL POLLING PLACES FOR EARLY VOTING IN  EXCESS  OF  THE
 MINIMUM  NUMBER  REQUIRED  BY  THIS  SUBDIVISION  FOR THE CONVENIENCE OF
 ELIGIBLE VOTERS WISHING TO VOTE DURING THE EARLY VOTING PERIOD.
   (C) NOTWITHSTANDING THE MINIMUM NUMBER  OF  EARLY  VOTING  POLL  SITES
 OTHERWISE  REQUIRED  BY  THIS  SUBDIVISION,  FOR  ANY PRIMARY OR SPECIAL
 ELECTION, UPON MAJORITY VOTE OF THE BOARD OF ELECTIONS,  THE  NUMBER  OF
 EARLY  VOTING  SITES MAY BE REDUCED IF THE BOARD OF ELECTIONS REASONABLY
 DETERMINES A LESSER NUMBER OF SITES IS SUFFICIENT TO MEET THE  NEEDS  OF
 EARLY VOTERS.
   (D) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED TO ENSURE, TO THE
 EXTENT PRACTICABLE, THAT ELIGIBLE VOTERS HAVE ADEQUATE EQUITABLE ACCESS,
 TAKING INTO CONSIDERATION POPULATION DENSITY, TRAVEL TIME TO THE POLLING
 PLACE,  PROXIMITY  TO  OTHER  LOCATIONS  OR COMMONLY USED TRANSPORTATION
 ROUTES AND SUCH OTHER FACTORS THE BOARD OF ELECTIONS OF  THE  COUNTY  OR
 THE  CITY OF NEW YORK DEEMS APPROPRIATE. THE PROVISIONS OF SECTION 4-104
 OF THIS CHAPTER, EXCEPT SUBDIVISIONS FOUR  AND  FIVE  OF  SUCH  SECTION,
 SHALL APPLY TO THE DESIGNATION OF POLLING PLACES FOR EARLY VOTING EXCEPT
 TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT WITH THIS SECTION.
   3.  ANY  PERSON PERMITTED TO VOTE EARLY MAY DO SO AT ANY POLLING PLACE
 FOR EARLY VOTING ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
 IN THE COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE. PROVIDED, HOWEVER,
 (A) IF IT IS IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY  VOTING
 ALL  APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON IN THE COUNTY,
 OR (B) IF PERMITTING SUCH PERSONS TO VOTE EARLY  AT  ANY  POLLING  PLACE
 ESTABLISHED  FOR  EARLY  VOTING WOULD MAKE IT IMPRACTICAL TO ENSURE THAT
 SUCH VOTER HAS NOT PREVIOUSLY VOTED  EARLY  DURING  SUCH  ELECTION,  THE
 BOARD  OF  ELECTIONS  MAY  DESIGNATE EACH POLLING PLACE FOR EARLY VOTING
 ONLY FOR THOSE VOTERS REGISTERED TO VOTE IN A PORTION OF THE  COUNTY  TO
 BE  SERVED  BY  SUCH  POLLING  PLACE FOR EARLY VOTING, PROVIDED THAT ALL
 VOTERS IN EACH COUNTY SHALL HAVE ONE OR MORE  POLLING  PLACES  AT  WHICH
 THEY  ARE  ELIGIBLE  TO  VOTE  THROUGHOUT  THE  EARLY VOTING PERIOD ON A
 SUBSTANTIALLY EQUAL BASIS.
   4. (A) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST  EIGHT  HOURS
 BETWEEN  SEVEN  O'CLOCK  IN THE MORNING AND EIGHT O'CLOCK IN THE EVENING
 EACH WEEK DAY DURING THE EARLY VOTING PERIOD.
   (B) AT LEAST ONE POLLING PLACE FOR  EARLY  VOTING  SHALL  REMAIN  OPEN
 UNTIL  EIGHT  O'CLOCK  IN  THE EVENING ON AT LEAST TWO WEEK DAYS IN EACH
 CALENDAR WEEK DURING THE EARLY VOTING PERIOD.   IF  POLLING  PLACES  FOR
 EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
 VISION  THREE  OF  THIS  SECTION,  POLLING PLACES THAT REMAIN OPEN UNTIL
 EIGHT O'CLOCK SHALL BE DESIGNATED SUCH THAT ANY PERSON ENTITLED TO  VOTE
 EARLY  MAY  VOTE UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK
 DAYS DURING THE EARLY VOTING PERIOD.
   (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.

 S. 7400                             4
 
   (E) EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY
 VOTING  AT  A  GENERAL ELECTION SHALL BE DESIGNATED BY MAY FIRST OF EACH
 YEAR PURSUANT TO SUBDIVISION ONE  OF  SECTION  4-104  OF  THIS  CHAPTER.
 NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISION ONE OF SECTION 4-104 OF
 THIS  CHAPTER REQUIRING POLL SITE DESIGNATION BY MAY FIRST, EARLY VOTING
 POLLING PLACES AND THEIR HOURS OF  OPERATION  FOR  EARLY  VOTING  FOR  A
 PRIMARY OR SPECIAL ELECTION SHALL BE MADE NOT LATER THAN FORTY-FIVE DAYS
 BEFORE SUCH PRIMARY OR SPECIAL ELECTION.
   5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
 ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY.  SUCH PLAN MAY UTILIZE
 ANY  AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL PUBLICIZE:
 THE LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES  FOR
 EARLY  VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS ACCESSIBLE
 TO VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE  TO
 VOTERS  THAT  IF  THEY CAST A BALLOT DURING THE EARLY VOTING PERIOD THEY
 WILL NOT BE ALLOWED TO VOTE ELECTION DAY;  AND  IF  POLLING  PLACES  FOR
 EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
 VISION  THREE  OF  THIS  SECTION, THE LOCATION OF THE POLLING PLACES FOR
 EARLY VOTING SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN  OR  OTHER
 POLITICAL SUBDIVISION.
   6.  THE  FORM  OF PAPER BALLOTS USED IN EARLY VOTING SHALL COMPLY WITH
 THE PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE  APPLICABLE  TO
 VOTING  BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE CAST IN
 THE SAME MANNER AS PROVIDED  FOR  IN  SECTION  8-312  OF  THIS  ARTICLE,
 PROVIDED,  HOWEVER,  THAT  BALLOTS  CAST  DURING THE EARLY VOTING PERIOD
 SHALL BE SECURED IN THE MANNER OF VOTED BALLOTS CAST ON ELECTION DAY AND
 SUCH BALLOTS SHALL NOT BE CANVASSED OR EXAMINED UNTIL AFTER THE CLOSE OF
 THE POLLS ON ELECTION DAY, AND NO  UNOFFICIAL  TABULATIONS  OF  ELECTION
 RESULTS  SHALL  BE PRINTED OR VIEWED IN ANY MANNER UNTIL AFTER THE CLOSE
 OF POLLS ON ELECTION DAY.
   7. VOTERS CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE  SUBJECT  TO
 CHALLENGE  AS  PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF THIS ARTI-
 CLE.
   8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
 EACH DAY OF EARLY VOTING, ANY EARLY VOTING BALLOTS THAT  HAVE  NOT  BEEN
 SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
 HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CAST IN A
 MANNER  CONSISTENT  WITH SECTION 9-110 OF THIS CHAPTER, EXCEPT THAT SUCH
 BALLOTS WHICH CANNOT THEN BE CAST ON A  BALLOT  SCANNER  SHALL  BE  HELD
 INVIOLATE AND UNEXAMINED AND SHALL BE DULY SECURED UNTIL AFTER THE CLOSE
 OF  POLLS  ON  ELECTION  DAY  WHEN  SUCH  BALLOTS  SHALL BE EXAMINED AND
 CANVASSED IN A MANNER CONSISTENT WITH SUBDIVISION TWO OF  SECTION  9-110
 OF THIS CHAPTER.
   9.  THE  BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND SCANNERS USED
 FOR EARLY VOTING FROM THE BEGINNING OF THE EARLY VOTING  PERIOD  THROUGH
 THE  CLOSE  OF  THE  POLLS ON ELECTION DAY; PROVIDED, HOWEVER, THE STATE
 BOARD OF ELECTIONS MAY BY REGULATION DULY ADOPTED BY A MAJORITY OF  SUCH
 BOARD  ESTABLISH  A  PROCEDURE  WHEREBY  BALLOT  SCANNERS USED FOR EARLY
 VOTING MAY ALSO BE USED ON ELECTION DAY IF THE PORTABLE  MEMORY  DEVICES
 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

 S. 7400                             5
 
 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.
   §  8. The state finance law is amended by adding a new section 92-t to
 read as follows:
   § 92-T. NEW YORK STATE EARLY VOTING FUND. 1. THERE  IS  HEREBY  ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER  OF  TAXATION  AND  FINANCE  A FUND TO BE KNOWN AS THE NEW YORK STATE
 EARLY VOTING FUND.
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE ABANDONED
 PROPERTY FUND PURSUANT TO SUBDIVISION FIVE  OF  SECTION  NINETY-FIVE  OF
 THIS ARTICLE.
   3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
 BE EXPENDED FOR THE PURPOSE OF MAKING PAYMENTS TO THE BOARD OF ELECTIONS
 OF  EACH  COUNTY  AND THE CITY OF NEW YORK TO REIMBURSE ANY ACTUAL COSTS
 INCURRED BY SUCH BOARDS OF ELECTIONS TO PROVIDE POLLING PLACES FOR EARLY
 VOTING, INCLUDING THE COST OF  STAFFING  SUCH  POLLING  PLACES,  IN  ANY
 GENERAL,  PRIMARY, OR SPECIAL ELECTION IN WHICH EARLY VOTING IS REQUIRED
 BY THE ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND UPON AUDIT AND
 WARRANT BY THE STATE COMPTROLLER ON VOUCHERS CERTIFIED  OR  APPROVED  BY
 THE  STATE BOARD OF ELECTIONS, OR ITS DULY DESIGNATED REPRESENTATIVE, IN
 THE MANNER PRESCRIBED BY LAW.
   4. BOARDS OF ELECTIONS SEEKING MONEYS  FROM  THIS  FUND  SHALL  SUBMIT
 DOCUMENTATION DETAILING THE COSTS DESCRIBED IN SUBDIVISION THREE OF THIS
 SECTION IN A MANNER PRESCRIBED BY THE STATE BOARD OF ELECTIONS.
   5.  THE STATE BOARD OF ELECTIONS AND STATE COMPTROLLER SHALL ISSUE ANY
 SUCH RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
 SECTION.
   § 9. Section 95 of the state finance law is amended by  adding  a  new
 subdivision 5 to read as follows:
   5.  (A)  AS  OFTEN  AS  NECESSARY, THE CO-CHAIRS OF THE STATE BOARD OF
 ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-

 S. 7400                             6
 
 SARY TO FUND ESTIMATED PAYMENTS FROM THE NEW  YORK  STATE  EARLY  VOTING
 FUND ESTABLISHED BY SECTION NINETY-TWO-T OF THIS ARTICLE.
   (B)  NOTWITHSTANDING  ANY  PROVISION  OF  THIS SECTION AUTHORIZING THE
 TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY  FUND  TO  THE  GENERAL
 FUND,  THE COMPTROLLER, AFTER RESERVING AMOUNTS SUFFICIENT TO PAY CLAIMS
 AGAINST THE ABANDONED PROPERTY FUND, SHALL, BASED UPON  A  CERTIFICATION
 OF THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION, AND AT THE DIRECTION OF THE DIRECTOR OF THE BUDGET, TRANSFER THE
 REQUESTED  AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED PROP-
 ERTY FUND TO THE NEW YORK STATE EARLY VOTING FUND ESTABLISHED BY SECTION
 NINETY-TWO-T OF THIS ARTICLE.
   § 10. 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;
 provided, however, sections eight and nine of this act shall take effect
 on the ninetieth day after it shall have become  a  law;  and  provided,
 further,  that  effective  immediately,  the  addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on  its effective date are authorized and directed to be made
 and completed on or before such effective date.

co-Sponsors

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2017-S7400A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 4-117, 8-100, 8-102, 8-104 & 8-508, add Art 8 Title 6 §§8-600 - 8-602, El L; add §92-t, amd §95, St Fin L

2017-S7400A (ACTIVE) - Summary

2017-S7400A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7400A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the election law and the state finance law, in relation
to establishing early voting and the New York state early voting fund

 
PURPOSE:

This bill establishes a system to permit eligible voters throughout the
state to vote in person during a designated period prior to any primary,
special, or general election day and provides a mechanism to reimburse
local boards of elections for the costs associated with early voting in
elections.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends Section 3-400 of the election law by
adding a new subdivision 9 to clarify the manner in which election
inspectors and poll clerks are to be appointed for polling places for

early voting, and setting a standard for wait times for early voting not
to exceed thirty minutes.

Section two of the bill amends section 4-117 of the election law by
adding a new subdivision 1-a to require the board of elections to notify
voters annually of the days, hours, and locations of polling places for
early voting. The board of elections may satisfy this requirement by
providing instructions in the notice regarding how to get the informa-
tion via the Internet or by phone.

Section three of the bill amends subdivision 2 of section 8-100 of the
election law to require that polls for a primary election in Nassau,
Suffolk, Westchester, Rockland, Orange, Putnam and Erie open at seven
o'clock in the morning, and for a special election and every other
election open at seven o'clock in the morning, except for a general
election in which polls shall open at six o'clock in the morning, and to
state that early voting hours shall be as set forth in section 8-600.

Section four of the bill amends subdivision 1 of section 8-102 of the
election law by adding a new paragraph (k) to apply the provisions of
article 8 of the election law to early voting, except for certain
provisions related to tabulation and proclamation of results.

Section five of the bill amends section 8-104 of the election law by
adding a new subdivision 7 to note that section 8-104 applies on early
voting days.

Section six of the bill amends paragraph (b) of subdivision 2 of section
8-508 of the election law to provide that challenges of voters on early
voting days should be included on the same type of report that records
challenges on election day.

Section seven of the bill amends article 8 of the election law by adding
a new title 6, with new sections 8-600 and 6-602, setting out the proc-
ess for early voting,

- Subdivision one of section 8-600 of the new title specifies that early
voting begins on the eighth day prior to any general, primary or special
election and ends and includes the second day prior (i.e., on the Sunday
before a Tuesday election day). The subdivision also requires boards of
elections to establish procedures to ensure that persons who vote during
the early voting period aren't permitted to vote subsequently in the
same election.

- Subdivision two of section 8-600 of the new title specifies in para-
graphs (a), (b), and (c) the number of required polling places for early
voting. The required number depends on the number of registered voters
in each county, with one polling place for each full increment of 50,000
registered voters, but no fewer than one and no more than seven sites
required in each county. Counties would be able to add more at their
discretion or, in certain circumstances, reduce the number below that
otherwise required. Paragraph (d) of the subdivision requires locations
to be chosen to give all eligible voters adequate, equitable access to
early voting, to the extent practicable, and specifies certain factors
to be considered in location decisions. Paragraph (d) also applies the
provisions of section 4-104 of the election law to the designation of
polling places for early voting, these are the existing requirements for
siting polling places for election day voting.

- Subdivision three of section 8-600 of the new title requires that all
voters should generally be able to vote at any polling place for early
voting in their county, but allows for an exception if this would be
impractical.

- Subdivision four of section 8-600 of the new title sets requirements
for hours early voting must be available in each county, with substan-
tial flexibility for the counties. Polls would be open for early voting
for at least 8 hours between 7:00 a.m. and 8:00 p.m. on weekdays,
provided that one site at which all eligible voters may vote shall
remain open until at least 8:00 p.m. on two weekdays in each calendar
week of the early voting period, and for at least 5 hours between 9:00
a.m. and 6:00 p.m. on Saturdays, Sundays, and legal holidays. Counties
would have the option of providing additional hours as well. They would
be required to designate the standard hours of operation for early
voting by May 1st each year; this is the day boards of elections must
designate polling places for the coming year under existing law.

- Subdivision five of section 8-600 of the new title requires each board
of elections to create a communication plan to inform eligible voters of
the opportunity to vote early.

- Subdivision six of section 8-600 of the new title applies existing
requirements for paper ballots to those to be used for early voting.

- Subdivision seven of section 8-600 of the new title applies existing
requirements related to voter challenges to early voting.

- Subdivisions eight, nine, ten, and eleven of section 8-600 of the new
title set out provisions for handling ballots and scanners at the end of
each day of early voting and after the polls close on election day.
Generally, the new subdivisions apply the same process for canvassing,
tabulating, and announcing results that already apply on election day,
with some minor adjustments to reflect that fact that early voting
occurs over multiple days. No results for early voting would be tabu-
lated before the polls close on election day.

Section 8-602 of the new title sets forth certain powers and duties of
the state board of elections to make rules regarding early voting.

Section eight of the bill amends the State Finance Law by adding a new
section 92-t.

-Subdivision 1 of the new section 92-t establishes the New York State
Early Voting Fund.

Subdivision 2 of the new section 92-t states that the fund would consist
of revenue received from the Abandoned Property Fund pursuant to subdi-
vision 5 of sect n 95 of the State Finance Law.

- Subdivision 3 of the new section 92-t provides that the fund may be
used to reimburse the board of elections of each county and the City of
New York for any actual costs incurred as a result of early voting
required by the election law.

- Subdivision 4 of the new section 92-t states that boards of elections
seeking reimbursements for early voting shall submit documentation of
their costs to the State Board of Elections.

- Subdivision 5 of the new section 92-t provides that the State Board of
Elections and the State Comptroller shall issue any rules and regu-
lations necessary to implement the provisions of the section.

Section nine of the bill amends section 95 of the State Finance Law by
adding a new subdivision 5, which allows for the transfer of funds from
the Abandoned Property Fund to the new early voting fund in an amount
determined necessary by the State Board of Elections.

Section ten of the bill sets forth the effective date. JUSTIFICATION:
given the vital role that voting plays in a participatory democracy, New
York should ensure that our elections are run in ways that meet contem-
porary standards for accessibility, equity, and efficiency.  Providing
eligible voters the opportunity to vote in person during a designated
period before election day would be a major step towards achieving this
goal.

Early voting would make it less burdensome for New Yorkers to access the
polls and exercise their civic obligation to vote. Early voting would
reduce inequity, because some voters have greater difficulty than others
arranging to vote on a single designated day. And early voting would
improve the efficiency of elections from the perspective of election
administrators, as well as voters, by spreading the work of managing
elections over a longer period of time, alleviating some of the problems
that are created by the current system of having all in-person voting
take place in a single day, such as long lines at the polls and
exhausted poll workers.

Establishing a 7-day early voting period running until the Sunday before
election day would give busy New Yorkers, who often must juggle many
personal, family, and work obligations, more flexibility in finding a
time to vote. Those who are unable to vote on election day should not be
excluded from participating in the democratic process merely because
they are unavailable on a single day.


Of particular importance in establishing an early voting period is the
addition of weekend hours for in-person voting. Due to their own work
schedules or those of partners with whom they share responsibilities as
caregivers, many people have time to vote on the weekend that they do
not have on weekdays.

In order to ensure that early voting is instituted in a practical, effi-
cient, and cost-effective manner, this bill takes into account the wide
variation in characteristics of different counties throughout the state,
by providing county boards of elections with flexibility to establish
locations and hours for early voting that are tailored to the unique
circumstances of their respective counties. This flexibility is balanced
by minimum standards that would ensure that all voters have a meaningful
opportunity to vote early. The most significant way the bill allows for
variations among counties relates to the number of polling places each
county would be required to provide for early voting. New York's least
populous county has fewer than 5,000 residents whereas its most populous
has more than 2.5 million. To account for this wide variation, the mini-
mum number of polling places for early voting required in each county
would be based on a tiered system, with one site per 50,000 registered
voters, up to a maximum of 7 required sites. The mandated number for
each county would represent a minimum requirement; county boards of
elections would be permitted to establish additional polling places at
their discretion.

The bill also contains several additional guidelines for the establish-
ment of polling places for early voting to enhance the effectiveness of
early voting and ensure that localities have the discretion to implement
it efficiently.

First, to the extent practicable, county boards of elections would be
required to designate polling places in locations that maximize accessi-
bility for eligible voters. The bill incorporates various guidelines
that already apply to siting of election day polling places.

Second, while the general rule established in the bill is that every
eligible voter would be permitted to vote at any polling place in the
county where he or she is registered, the bill recognizes that this may
not always be practical because of the number of distinct ballot types
that might be required at each polling place, and other factors. There-
fore, the board of elections in each county would have the discretion to
choose to make certain polling places serve only a portion of the coun-
ty, provided that every voter has at least one polling place to vote
early.

Another way the bill allows for variations among counties relates to the
hours for early voting. The bill establishes guidelines for the minimum
number of hours that polling places for early voting would be required
to be open, ensuring that all voters would have meaningful opportunities
to avail themselves of the option to vote early. On the other hand,
county boards of elections would have the discretion to set the specific
hours for each polling place, to reflect the distinct needs and prefer-
ences of New Yorkers in different parts of the state. These provisions
would require that all early voting sites are open for at least eight
hours on weekdays, including two days a week with evening hours, and for
at least five hours on weekends and holidays. The requirement of evening
hours two days a week overlaps somewhat with the existing requirement in
election law section 3-214 requiring that board of elections offices
maintain extended hours on two weekdays in the two weeks prior to any
general election.

Finally, one objection raised to establishing early voting in New York
State is the cost to local boards of elections. The bill addresses this
issue by reimbursing counties for the costs of early voting through the
abandoned property fund.

As of 2017, thirty-seven states and the District of Columbia (D.C.)
allow early voting. Thirty-four states and D.C. allow in-person early
voting; an additional threemail ballots to all voters, permitting all
voters to vote early.

For all the foregoing reasons, New York should institute early voting
and support the right of all New Yorkers to meet their civic obligations
and participate in our democracy in a reasonable, accessible manner.

 
LEGISLATIVE HISTORY:

2013-14 (S1461A) Died in Elections; Passed Assembly (A689A)
2015-16 (S3813C) Died in Local Government; Passed Assembly (A858213)
2017 (S2960/S6688) Died in Rules; Passed Assembly (A2064)

 
FISCAL IMPLICATIONS:

There will be some costs associated with early voting related to staff-
ing polling places, providing outreach materials to educate the public
about the new procedures, and other aspects of administering the system.

There will also be some impact to the state as Funds transferred from
the Abandoned Property Fund to the New York State Early Voting Fund will
be diverted from the General Fund.

There will also be a fiscal impact to localities as this bill will
provide localities with funds to offset any actual costs incurred by
local boards of elections for providing early voting.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7400A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7400--A
 
                             I N  S E N A T E
 
                             January 12, 2018
                                ___________
 
 Introduced by Sens. KAVANAGH, STEWART-COUSINS, GIANARIS, HAMILTON, HOYL-
   MAN, KENNEDY -- read twice and ordered printed, and when printed to be
   committed  to the Committee on Elections -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the election law and the state finance law, in relation
   to establishing early voting and the New York state early voting fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  3-400 of the election law is amended by adding a
 new subdivision 9 to read as follows:
   9.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  THIS  ARTICLE,
 ELECTION  INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR EARLY
 VOTING, SHALL CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES  WHO  SHALL
 BE  APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED INDI-
 VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS
 TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
 FOR EARLY VOTING SHALL BE EQUALLY DIVIDED BETWEEN  THE  MAJOR  POLITICAL
 PARTIES.  THE  BOARD  OF  ELECTIONS  SHALL  ASSIGN STAFF AND PROVIDE THE
 RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
 EXCEED THIRTY MINUTES.
   § 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 367 of the laws of 2017, 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14170-03-8

 S. 7400--A                          2
 
 except in the city of New York and  the  counties  of  Nassau,  Suffolk,
 Westchester,  Rockland,  Orange,  Putnam, Dutchess and Erie, and in such
 city or county from [six]  SEVEN  o'clock  in  the  morning  until  nine
 o'clock  in  the  evening;  the general election from six o'clock in the
 morning until nine o'clock in the evening; a special election called  by
 the  governor pursuant to the public officers law, and, except as other-
 wise provided by law, every other election, from [six] SEVEN o'clock  in
 the  morning until nine o'clock in the evening; EARLY VOTING HOURS SHALL
 BE AS PROVIDED IN SECTION 8-600 OF THIS ARTICLE.
   § 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.  Paragraph (b) of subdivision 2 of section 8-508 of the election
 law, as amended by chapter 200 of the laws of 1996, is amended  to  read
 as follows:
   (b)  The second section of such report shall be reserved for the board
 of inspectors to enter the name, address and registration serial  number
 of each person who is challenged on the day of election OR ON ANY DAY IN
 WHICH  THERE  IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
 together with the reason for the challenge.   If  no  voters  are  chal-
 lenged,  the  board  of inspectors shall enter the words "No Challenges"
 across the space reserved for such names. In lieu of  preparing  section
 two of the challenge report, the board of elections may provide, next to
 the  name  of  each voter on the computer generated registration list, a
 place for the inspectors of election to record the information  required
 to be entered in such section two, or provide at the end of such comput-
 er  generated  registration list, a place for the inspectors of election
 to enter such information.
   § 7. Article 8 of the election law is amended by adding a new title  6
 to read as follows:
                                 TITLE VI
                               EARLY VOTING
 SECTION 8-600. EARLY VOTING.
         8-602. STATE  BOARD  OF  ELECTIONS;  POWERS AND DUTIES FOR EARLY
                  VOTING.
   § 8-600. EARLY VOTING. 1. BEGINNING THE EIGHTH DAY PRIOR TO ANY GENER-
 AL, PRIMARY OR SPECIAL ELECTION FOR ANY  PUBLIC  OR  PARTY  OFFICE,  AND
 ENDING ON AND INCLUDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR
 SPECIAL  ELECTION  FOR  SUCH PUBLIC OR PARTY OFFICE, PERSONS DULY REGIS-
 TERED AND ELIGIBLE TO VOTE AT SUCH ELECTION SHALL BE PERMITTED  TO  VOTE
 AS  PROVIDED  IN THIS TITLE.   THE BOARD OF ELECTIONS OF EACH COUNTY AND
 THE CITY OF NEW YORK SHALL ESTABLISH PROCEDURES, SUBJECT TO APPROVAL  OF
 THE STATE BOARD OF ELECTIONS, TO ENSURE THAT PERSONS WHO VOTE DURING THE
 EARLY  VOTING  PERIOD SHALL NOT BE PERMITTED TO VOTE SUBSEQUENTLY IN THE
 SAME ELECTION.
   2. (A) THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF  NEW  YORK
 SHALL  DESIGNATE  POLLING  PLACES FOR EARLY VOTING IN EACH COUNTY, WHICH
 MAY INCLUDE THE OFFICES OF THE BOARD OF ELECTIONS, FOR PERSONS  TO  VOTE

 S. 7400--A                          3
 
 EARLY  PURSUANT  TO  THIS SECTION. THERE SHALL BE SO DESIGNATED AT LEAST
 ONE EARLY VOTING POLLING PLACE FOR EVERY FULL INCREMENT OF  FIFTY  THOU-
 SAND  REGISTERED VOTERS IN EACH COUNTY; PROVIDED, HOWEVER, THE NUMBER OF
 EARLY  VOTING  POLLING  PLACES  IN  A COUNTY SHALL NOT BE REQUIRED TO BE
 GREATER THAN SEVEN, AND A COUNTY WITH FEWER THAN FIFTY  THOUSAND  VOTERS
 SHALL HAVE AT LEAST ONE EARLY VOTING POLLING PLACE.
   (B)  THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK MAY
 ESTABLISH ADDITIONAL POLLING PLACES FOR EARLY VOTING IN  EXCESS  OF  THE
 MINIMUM  NUMBER  REQUIRED  BY  THIS  SUBDIVISION  FOR THE CONVENIENCE OF
 ELIGIBLE VOTERS WISHING TO VOTE DURING THE EARLY VOTING PERIOD.
   (C) NOTWITHSTANDING THE MINIMUM NUMBER  OF  EARLY  VOTING  POLL  SITES
 OTHERWISE  REQUIRED  BY  THIS  SUBDIVISION,  FOR  ANY PRIMARY OR SPECIAL
 ELECTION, UPON MAJORITY VOTE OF THE BOARD OF ELECTIONS,  THE  NUMBER  OF
 EARLY  VOTING  SITES MAY BE REDUCED IF THE BOARD OF ELECTIONS REASONABLY
 DETERMINES A LESSER NUMBER OF SITES IS SUFFICIENT TO MEET THE  NEEDS  OF
 EARLY VOTERS.
   (D) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED TO ENSURE, TO THE
 EXTENT PRACTICABLE, THAT ELIGIBLE VOTERS HAVE ADEQUATE EQUITABLE ACCESS,
 TAKING INTO CONSIDERATION POPULATION DENSITY, TRAVEL TIME TO THE POLLING
 PLACE,  PROXIMITY  TO  OTHER  LOCATIONS  OR COMMONLY USED TRANSPORTATION
 ROUTES AND SUCH OTHER FACTORS THE BOARD OF ELECTIONS OF  THE  COUNTY  OR
 THE  CITY OF NEW YORK DEEMS APPROPRIATE. THE PROVISIONS OF SECTION 4-104
 OF THIS CHAPTER, EXCEPT SUBDIVISIONS FOUR  AND  FIVE  OF  SUCH  SECTION,
 SHALL APPLY TO THE DESIGNATION OF POLLING PLACES FOR EARLY VOTING EXCEPT
 TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT WITH THIS SECTION.
   3.  ANY  PERSON PERMITTED TO VOTE EARLY MAY DO SO AT ANY POLLING PLACE
 FOR EARLY VOTING ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
 IN THE COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE. PROVIDED, HOWEVER,
 (A) IF IT IS IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY  VOTING
 ALL  APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON IN THE COUNTY,
 OR (B) IF PERMITTING SUCH PERSONS TO VOTE EARLY  AT  ANY  POLLING  PLACE
 ESTABLISHED  FOR  EARLY  VOTING WOULD MAKE IT IMPRACTICAL TO ENSURE THAT
 SUCH VOTER HAS NOT PREVIOUSLY VOTED  EARLY  DURING  SUCH  ELECTION,  THE
 BOARD  OF  ELECTIONS  MAY  DESIGNATE EACH POLLING PLACE FOR EARLY VOTING
 ONLY FOR THOSE VOTERS REGISTERED TO VOTE IN A PORTION OF THE  COUNTY  TO
 BE  SERVED  BY  SUCH  POLLING  PLACE FOR EARLY VOTING, PROVIDED THAT ALL
 VOTERS IN EACH COUNTY SHALL HAVE ONE OR MORE  POLLING  PLACES  AT  WHICH
 THEY  ARE  ELIGIBLE  TO  VOTE  THROUGHOUT  THE  EARLY VOTING PERIOD ON A
 SUBSTANTIALLY EQUAL BASIS.
   4. (A) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST  EIGHT  HOURS
 BETWEEN  SEVEN  O'CLOCK  IN THE MORNING AND EIGHT O'CLOCK IN THE EVENING
 EACH WEEK DAY DURING THE EARLY VOTING PERIOD.
   (B) AT LEAST ONE POLLING PLACE FOR  EARLY  VOTING  SHALL  REMAIN  OPEN
 UNTIL  EIGHT  O'CLOCK  IN  THE EVENING ON AT LEAST TWO WEEK DAYS IN EACH
 CALENDAR WEEK DURING THE EARLY VOTING PERIOD.   IF  POLLING  PLACES  FOR
 EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
 VISION  THREE  OF  THIS  SECTION,  POLLING PLACES THAT REMAIN OPEN UNTIL
 EIGHT O'CLOCK SHALL BE DESIGNATED SUCH THAT ANY PERSON ENTITLED TO  VOTE
 EARLY  MAY  VOTE UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK
 DAYS DURING THE EARLY VOTING PERIOD.
   (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

 S. 7400--A                          4
 
 DURING THE EARLY VOTING PERIOD BEYOND THE NUMBER OF  HOURS  REQUIRED  IN
 THIS SUBDIVISION.
   (E) EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY
 VOTING  AT  A  GENERAL ELECTION SHALL BE DESIGNATED BY MAY FIRST OF EACH
 YEAR PURSUANT TO SUBDIVISION ONE  OF  SECTION  4-104  OF  THIS  CHAPTER.
 NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISION ONE OF SECTION 4-104 OF
 THIS CHAPTER REQUIRING POLL SITE DESIGNATION BY MAY FIRST, EARLY  VOTING
 POLLING  PLACES  AND  THEIR  HOURS  OF  OPERATION FOR EARLY VOTING FOR A
 PRIMARY OR SPECIAL ELECTION SHALL BE MADE NOT LATER THAN FORTY-FIVE DAYS
 BEFORE SUCH PRIMARY OR SPECIAL ELECTION.
   5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
 ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY.  SUCH PLAN MAY UTILIZE
 ANY AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL  PUBLICIZE:
 THE  LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES FOR
 EARLY VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS  ACCESSIBLE
 TO  VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE TO
 VOTERS THAT IF THEY CAST A BALLOT DURING THE EARLY  VOTING  PERIOD  THEY
 WILL  NOT  BE  ALLOWED  TO  VOTE ELECTION DAY; AND IF POLLING PLACES FOR
 EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION, THE LOCATION OF  THE  POLLING  PLACES  FOR
 EARLY  VOTING  SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN OR OTHER
 POLITICAL SUBDIVISION.
   6. THE FORM OF PAPER BALLOTS USED IN EARLY VOTING  SHALL  COMPLY  WITH
 THE  PROVISIONS  OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE APPLICABLE TO
 VOTING BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE CAST  IN
 THE  SAME  MANNER  AS  PROVIDED  FOR  IN  SECTION 8-312 OF THIS ARTICLE,
 PROVIDED, HOWEVER, THAT BALLOTS CAST  DURING  THE  EARLY  VOTING  PERIOD
 SHALL BE SECURED IN THE MANNER OF VOTED BALLOTS CAST ON ELECTION DAY AND
 SUCH BALLOTS SHALL NOT BE CANVASSED OR EXAMINED UNTIL AFTER THE CLOSE OF
 THE  POLLS  ON  ELECTION  DAY, AND NO UNOFFICIAL TABULATIONS OF ELECTION
 RESULTS SHALL BE PRINTED OR VIEWED IN ANY MANNER UNTIL AFTER  THE  CLOSE
 OF POLLS ON ELECTION DAY.
   7.  VOTERS  CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE SUBJECT TO
 CHALLENGE AS PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF  THIS  ARTI-
 CLE.
   8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
 EACH  DAY  OF  EARLY VOTING, ANY EARLY VOTING BALLOTS THAT HAVE NOT BEEN
 SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
 HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CAST IN A
 MANNER CONSISTENT WITH SECTION 9-110 OF THIS CHAPTER, EXCEPT  THAT  SUCH
 BALLOTS  WHICH  CANNOT  THEN  BE  CAST ON A BALLOT SCANNER SHALL BE HELD
 INVIOLATE AND UNEXAMINED AND SHALL BE DULY SECURED UNTIL AFTER THE CLOSE
 OF POLLS ON ELECTION  DAY  WHEN  SUCH  BALLOTS  SHALL  BE  EXAMINED  AND
 CANVASSED  IN  A MANNER CONSISTENT WITH SUBDIVISION TWO OF SECTION 9-110
 OF THIS CHAPTER.
   9. THE BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND  SCANNERS  USED
 FOR  EARLY  VOTING FROM THE BEGINNING OF THE EARLY VOTING PERIOD THROUGH
 THE CLOSE OF THE POLLS ON ELECTION DAY;  PROVIDED,  HOWEVER,  THE  STATE
 BOARD  OF ELECTIONS MAY BY REGULATION DULY ADOPTED BY A MAJORITY OF SUCH
 BOARD ESTABLISH A PROCEDURE  WHEREBY  BALLOT  SCANNERS  USED  FOR  EARLY
 VOTING  MAY  ALSO BE USED ON ELECTION DAY IF THE PORTABLE MEMORY DEVICES
 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.

 S. 7400--A                          5

   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.
   § 8. The state finance law is amended by adding a new section 92-t  to
 read as follows:
   §  92-T.  NEW  YORK STATE EARLY VOTING FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A FUND TO BE KNOWN  AS  THE  NEW  YORK  STATE
 EARLY VOTING FUND.
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE ABANDONED
 PROPERTY  FUND  PURSUANT  TO  SUBDIVISION FIVE OF SECTION NINETY-FIVE OF
 THIS ARTICLE.
   3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
 BE EXPENDED FOR THE PURPOSE OF MAKING PAYMENTS TO THE BOARD OF ELECTIONS
 OF EACH COUNTY AND THE CITY OF NEW YORK TO REIMBURSE  ANY  ACTUAL  COSTS
 INCURRED BY SUCH BOARDS OF ELECTIONS TO PROVIDE POLLING PLACES FOR EARLY
 VOTING,  INCLUDING  THE  COST  OF  STAFFING  SUCH POLLING PLACES, IN ANY
 GENERAL, PRIMARY, OR SPECIAL ELECTION IN WHICH EARLY VOTING IS  REQUIRED
 BY THE ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND UPON AUDIT AND
 WARRANT  BY  THE  STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY
 THE STATE BOARD OF ELECTIONS, OR ITS DULY DESIGNATED REPRESENTATIVE,  IN
 THE MANNER PRESCRIBED BY LAW.
   4.  BOARDS  OF  ELECTIONS  SEEKING  MONEYS FROM THIS FUND SHALL SUBMIT
 DOCUMENTATION DETAILING THE COSTS DESCRIBED IN SUBDIVISION THREE OF THIS
 SECTION IN A MANNER PRESCRIBED BY THE STATE BOARD OF ELECTIONS.
   5. THE STATE BOARD OF ELECTIONS AND STATE COMPTROLLER SHALL ISSUE  ANY
 SUCH RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
 SECTION.

 S. 7400--A                          6
 
   §  9.  Section  95 of the state finance law is amended by adding a new
 subdivision 5 to read as follows:
   5.  (A)  AS  OFTEN  AS  NECESSARY, THE CO-CHAIRS OF THE STATE BOARD OF
 ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
 SARY TO FUND ESTIMATED PAYMENTS FROM THE NEW  YORK  STATE  EARLY  VOTING
 FUND ESTABLISHED BY SECTION NINETY-TWO-T OF THIS ARTICLE.
   (B)  NOTWITHSTANDING  ANY  PROVISION  OF  THIS SECTION AUTHORIZING THE
 TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY  FUND  TO  THE  GENERAL
 FUND,  THE COMPTROLLER, AFTER RESERVING AMOUNTS SUFFICIENT TO PAY CLAIMS
 AGAINST THE ABANDONED PROPERTY FUND, SHALL, BASED UPON  A  CERTIFICATION
 OF THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION, AND AT THE DIRECTION OF THE DIRECTOR OF THE BUDGET, TRANSFER THE
 REQUESTED  AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED PROP-
 ERTY FUND TO THE NEW YORK STATE EARLY VOTING FUND ESTABLISHED BY SECTION
 NINETY-TWO-T OF THIS ARTICLE.
   § 10. This act shall take effect immediately and shall  apply  to  any
 election  held 75 days or more after it shall have taken effect.  Effec-
 tive immediately, the addition, amendment and/or repeal of any  rule  or
 regulation necessary for the implementation of this act on its effective
 date  are  authorized and directed to be made and completed on or before
 such effective date.

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Senate Bill S7400A

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