NY State Senate Bill S2950

Archive: Last Bill Status - Stricken

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

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2018	recommit, enacting clause stricken
Jan 03, 2018	referred to elections
May 04, 2017	committee discharged and committed to rules
May 01, 2017	reported and committed to local government
Mar 13, 2017	notice of committee consideration - requested
Jan 18, 2017	referred to elections

Votes

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May 1, 2017 - Elections committee Vote

S2950

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Elections committee vote details

Elections Committee Vote: May 1, 2017

aye (4)

nay (1)

Marchione

aye wr (4)

Co-Sponsors

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S2950 (ACTIVE) - Details

Current Committee:
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 4-117, 8-100, 8-102, 8-104 & 8-508, add Art 8 Title 6 §§8-600 - 8-602, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1461
2015-2016: S3813

S2950 (ACTIVE) - Summary

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

S2950 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S2950

 TITLE OF BILL :  An act to amend the election law, in relation to
early voting

 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.

 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 information 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 process 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
paragraphs (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
substantial 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
tabulated 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 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
contemporary 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 an 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,
efficient, 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 minimum 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
establishment 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
accessibility 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.
Therefore, the board of elections in each county would have the
discretion to choose to make certain polling places serve only a
portion of the county, 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 preferences 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.

Thirty-three states and the District of Columbia have already
instituted in-person early voting in one form or another. For all the
foregoing reason, New York should do the same, 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 (51461A) Died in Elections; Passed Assembly (A689A)
2015-16 (53813C) Died in Local Government; Passed Assembly (A8582B)

 FISCAL IMPLICATIONS :

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

 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.

S2950 (ACTIVE) - Bill Text download pdf


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

                                  2950

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 18, 2017
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  ADDABBO, BROOKS, COMRIE, DILAN,
  GIANARIS,  HAMILTON,  HOYLMAN,  KRUEGER,  PARKER,  PERALTA,   PERKINS,
  SANDERS,  SERRANO, SQUADRON, STAVISKY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to early voting

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  3-400 of the election law is amended by adding a
new subdivision 9 to read as follows:
  9.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  THIS  ARTICLE,
ELECTION  INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR EARLY
VOTING, SHALL CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES  WHO  SHALL
BE  APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED INDI-
VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS
TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
FOR EARLY VOTING SHALL BE EQUALLY DIVIDED BETWEEN  THE  MAJOR  POLITICAL
PARTIES.  THE  BOARD  OF  ELECTIONS  SHALL  ASSIGN STAFF AND PROVIDE THE
RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
EXCEED THIRTY MINUTES.
  § 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02758-01-7

S. 2950                             2

  2. Polls shall be open for voting during the following hours: a prima-
ry  election from twelve o'clock noon until nine o'clock in the evening,
except in the city of New York and  the  counties  of  Nassau,  Suffolk,
Westchester,  Rockland,  Orange,  Putnam  and  Erie, and in such city or
county from [six] SEVEN o'clock in the morning until nine o'clock in the
evening; the general election from six o'clock in the morning until nine
o'clock in the evening; a special election called by the governor pursu-
ant  to  the  public  officers law, and, except as otherwise provided by
law, every other election, from [six] SEVEN o'clock in the morning until
nine o'clock in the evening; EARLY VOTING HOURS SHALL BE AS PROVIDED  IN
SECTION 8-600 OF THIS ARTICLE.
  §  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.

S. 2950                             3

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

S. 2950                             4

  (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT  ANY  BOARD
OF  ELECTIONS  FROM  ESTABLISHING  A  GREATER NUMBER OF HOURS FOR VOTING
DURING THE EARLY VOTING PERIOD BEYOND THE NUMBER OF  HOURS  REQUIRED  IN
THIS SUBDIVISION.
  (E) EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY
VOTING  AT  A  GENERAL ELECTION SHALL BE DESIGNATED BY MAY FIRST OF EACH
YEAR PURSUANT TO SUBDIVISION ONE  OF  SECTION  4-104  OF  THIS  CHAPTER.
NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISION ONE OF SECTION 4-104 OF
THIS CHAPTER REQUIRING POLL SITE DESIGNATION BY MAY FIRST, EARLY  VOTING
POLLING  PLACES  AND  THEIR  HOURS  OF  OPERATION FOR EARLY VOTING FOR A
PRIMARY OR SPECIAL ELECTION SHALL BE MADE NOT LATER THAN FORTY-FIVE DAYS
BEFORE SUCH PRIMARY OR SPECIAL ELECTION.
  5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY.  SUCH PLAN MAY UTILIZE
ANY AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL  PUBLICIZE:
THE  LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES FOR
EARLY VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS  ACCESSIBLE
TO  VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE TO
VOTERS THAT IF THEY CAST A BALLOT DURING THE EARLY  VOTING  PERIOD  THEY
WILL  NOT  BE  ALLOWED  TO  VOTE ELECTION DAY; AND IF POLLING PLACES FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION, THE LOCATION OF  THE  POLLING  PLACES  FOR
EARLY  VOTING  SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN OR OTHER
POLITICAL SUBDIVISION.
  6. THE FORM OF PAPER BALLOTS USED IN EARLY VOTING  SHALL  COMPLY  WITH
THE  PROVISIONS  OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE APPLICABLE TO
VOTING BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE CAST  IN
THE  SAME  MANNER  AS  PROVIDED  FOR  IN  SECTION 8-312 OF THIS ARTICLE,
PROVIDED, HOWEVER, THAT BALLOTS CAST  DURING  THE  EARLY  VOTING  PERIOD
SHALL BE SECURED IN THE MANNER OF VOTED BALLOTS CAST ON ELECTION DAY AND
SUCH BALLOTS SHALL NOT BE CANVASSED OR EXAMINED UNTIL AFTER THE CLOSE OF
THE  POLLS  ON  ELECTION  DAY, AND NO UNOFFICIAL TABULATIONS OF ELECTION
RESULTS SHALL BE PRINTED OR VIEWED IN ANY MANNER UNTIL AFTER  THE  CLOSE
OF POLLS ON ELECTION DAY.
  7.  VOTERS  CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE SUBJECT TO
CHALLENGE AS PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF  THIS  ARTI-
CLE.
  8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
EACH  DAY  OF  EARLY VOTING, ANY EARLY VOTING BALLOTS THAT HAVE NOT BEEN
SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CAST IN A
MANNER CONSISTENT WITH SECTION 9-110 OF THIS CHAPTER, EXCEPT  THAT  SUCH
BALLOTS  WHICH  CANNOT  THEN  BE  CAST ON A BALLOT SCANNER SHALL BE HELD
INVIOLATE AND UNEXAMINED AND SHALL BE DULY SECURED UNTIL AFTER THE CLOSE
OF POLLS ON ELECTION  DAY  WHEN  SUCH  BALLOTS  SHALL  BE  EXAMINED  AND
CANVASSED  IN  A MANNER CONSISTENT WITH SUBDIVISION TWO OF SECTION 9-110
OF THIS CHAPTER.
  9. THE BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND  SCANNERS  USED
FOR  EARLY  VOTING FROM THE BEGINNING OF THE EARLY VOTING PERIOD THROUGH
THE CLOSE OF THE POLLS ON ELECTION DAY;  PROVIDED,  HOWEVER,  THE  STATE
BOARD  OF ELECTIONS MAY BY REGULATION DULY ADOPTED BY A MAJORITY OF SUCH
BOARD ESTABLISH A PROCEDURE  WHEREBY  BALLOT  SCANNERS  USED  FOR  EARLY
VOTING  MAY  ALSO BE USED ON ELECTION DAY IF THE PORTABLE MEMORY DEVICES
USED DURING EARLY VOTING CONTAINING THE EARLY VOTING  ELECTION  INFORMA-
TION  AND VOTE TABULATIONS ARE PROPERLY SECURED APART FROM THE SCANNERS,

S. 2950                             5

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.
  § 8. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to any
election held 120 days or more after it shall have taken effect.

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The New York State Senate

senate Bill S2950

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Archive: Last Bill Status - Stricken

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May 1, 2017 - Elections committee Vote

Elections Committee Vote: May 1, 2017

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S2950 (ACTIVE) - Details

S2950 (ACTIVE) - Summary

S2950 (ACTIVE) - Sponsor Memo

S2950 (ACTIVE) - Bill Text download pdf

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senate Bill S2950

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Sponsored By

Archive: Last Bill Status - Stricken

Your Voice

Actions

Votes

May 1, 2017 - Elections committee Vote

Elections Committee Vote: May 1, 2017

Co-Sponsors

S2950 (ACTIVE) - Details

S2950 (ACTIVE) - Summary

S2950 (ACTIVE) - Sponsor Memo

S2950 (ACTIVE) - Bill Text download pdf

Comments