S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7554
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2019
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Election Law
 
 AN  ACT  to  amend  the  election  law, in relation to exempting certain
   public  school  buildings  from  being  designated  as  early  polling
   locations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section  8-600  of  the  election  law  is
 amended by adding a new paragraph (e) to read as follows:
   (E) NO PUBLIC SCHOOL BUILDING WITH INSTRUCTIONAL SPACE SHALL BE DESIG-
 NATED AS AN EARLY POLLING LOCATION.
   § 2. Subdivision 3 of section 4-104 of the election law, as amended by
 chapter 694 of the laws of 1989, is amended to read as follows:
   3.  A building exempt from taxation shall be used whenever possible as
 a polling place if it is situated in the same or a  contiguous  election
 district,  and may contain as many distinctly separate polling places as
 public convenience may require. The expense, if any, incidental  to  its
 use,  shall be paid like the expense of other places of registration and
 voting. If a board or body empowered to designate polling places chooses
 a public school building for such purpose, the  board  or  agency  which
 controls  such  building  must  make  available  a room or rooms in such
 building which are suitable for registration and voting and which are as
 close as possible to a convenient entrance to  such  building  and  must
 make  available any such room or rooms which the board or body designat-
 ing such building  determines  are  accessible  to  physically  disabled
 voters as provided in subdivision one-a.  NOTWITHSTANDING THE PROVISIONS
 OF  THIS  SUBDIVISION,  NO  BOARD OR BODY EMPOWERED TO DESIGNATE POLLING
 PLACES SHALL DESIGNATE A PUBLIC SCHOOL BUILDING WITH INSTRUCTIONAL SPACE
 AS AN EARLY POLLING LOCATION, AND IF SUCH BOARD  OR  BODY  DESIGNATES  A
 PUBLIC  SCHOOL  BUILDING  THAT  DOES  NOT HAVE INSTRUCTIONAL SPACE AS AN
 EARLY POLLING LOCATION, THE SUPERINTENDENT OF SUCH SCHOOL  DISTRICT  MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11442-01-9

 A. 7554                             2
 
 DECLINE SUCH DESIGNATION. Notwithstanding the provisions of any general,
 special  or local law, if a board or body empowered to designate polling
 places chooses a publicly owned or leased building, other than a  public
 school building, for such purposes the board or body which controls such
 building  must make available a room or rooms in such building which are
 suitable for registration and voting and which are as close as  possible
 to  a  convenient entrance to such building, and must make available any
 such room or rooms which the board or  body  designating  such  building
 determines  are  accessible  to  physically  disabled voters unless, not
 later than thirty days after notice of  its  designation  as  a  polling
 place,  the  board  or  body  controlling such building, files a written
 request for a cancellation of such designation with the  board  or  body
 empowered  to designate polling places on such form as shall be provided
 by the board  or  body  making  such  designation.  The  board  or  body
 empowered  to  so designate shall, within twenty days after such request
 is filed, determine whether the use of such building as a polling  place
 would unreasonably interfere with the usual activities conducted in such
 building and upon such determination, may cancel such designation.
   § 3. This act shall take effect immediately.