S T A T E O F N E W Y O R K
________________________________________________________________________
S. 1102 A. 780
2019-2020 Regular Sessions
S E N A T E - A S S E M B L Y
January 10, 2019
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IN SENATE -- Introduced by Sens. MYRIE, ADDABBO, BAILEY, BENJAMIN, BIAG-
GI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES,
HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY,
KRUEGER, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, PARKER,
PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO,
SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice and ordered
printed, and when printed to be committed to the Committee on
Elections
IN ASSEMBLY -- Introduced by M. of A. LAVINE, HEASTIE, CUSICK, BLAKE,
SIMON, PAULIN, DINOWITZ, L. ROSENTHAL, LIFTON, FAHY, LUPARDO, ABINAN-
TI, ROZIC, GALEF, COOK, RAMOS, CYMBROWITZ, JAFFEE, CARROLL, TAYLOR,
ORTIZ, WALKER, PEOPLES-STOKES, COLTON, DE LA ROSA, WRIGHT, BARRON,
GOTTFRIED, OTIS, ENGLEBRIGHT, MOSLEY, GLICK, BURKE, CRUZ, EPSTEIN,
FALL, FRONTUS, GRIFFIN, JACOBSON, McMAHON, RAYNOR, REYES, ROMEO,
THIELE, WEINSTEIN -- Multi-Sponsored by -- M. of A. BUCHWALD, LENTOL
-- read once and referred to the Committee on Election Law
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 RESOURCES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04589-04-9
S. 1102 2 A. 780
TO ENSURE A VOTER'S WAIT TIME TO VOTE AT AN EARLY VOTING SITE SHALL 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 ALTERNATIVELY SATISFY
THE NOTICE REQUIREMENT OF THIS SUBDIVISION BY PROVIDING IN THE NOTICE
INSTRUCTIONS TO OBTAIN THE REQUIRED EARLY VOTING INFORMATION BY MEANS OF
A WEBSITE AND PHONE NUMBER OF THE BOARD OF ELECTIONS.
§ 3. Paragraph (b) of subdivision 1 and subdivision 2 of section 8-100
of the election law, paragraph (b) of subdivision 1 as added by chapter
373 of the laws of 1978 and subdivision 2 as amended by chapter 367 of
the laws of 2017, are amended to read as follows:
(b) In the event a run-off primary election is required in the city of
New York, it shall be held on the [second] FOURTH Tuesday next succeed-
ing the date on which the initial primary election was held.
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
city or county from six 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 o'clock in the morning until nine
o'clock in the evening. EARLY VOTING TIMES 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. Subparagraph (ii) of paragraph (e) of subdivision 3 and subdivi-
sion 3-a of section 8-302 of the election law, subparagraph (ii) of
paragraph (e) of subdivision 3 as amended by chapter 164 of the laws of
2010 and subdivision 3-a as amended by chapter 511 of the laws of 1985,
are amended to read as follows:
(ii) He or she may swear to and subscribe an affidavit stating that he
or she has duly registered to vote, the address in such election
district from which he or she registered, that he or she remains a duly
qualified voter in such election district, that his or her registration
poll record appears to be lost or misplaced or that his or her name
and/or his or her signature was omitted from the computer generated
registration list OR SUCH RECORD INDICATES THE VOTER ALREADY VOTED WHEN
HE OR SHE DID NOT DO SO or that he or she has moved within the county or
city since he or she last registered, the address from which he or she
was previously registered and the address at which he or she currently
resides, and at a primary election, the party in which he or she is
enrolled. The inspectors of election shall offer such an affidavit to
S. 1102 3 A. 780
each such voter whose residence address is in such election district.
Each such affidavit shall be in a form prescribed by the state board of
elections, shall be printed on an envelope of the size and quality used
for an absentee ballot envelope, and shall contain an acknowledgment
that the affiant understands that any false statement made therein is
perjury punishable according to law. Such form prescribed by the state
board of elections shall request information required to register such
voter should the county board determine that such voter is not regis-
tered and shall constitute an application to register to vote. The
voter's name and the entries required shall then be entered without
delay and without further inquiry in the fourth section of the challenge
report or in the place provided at the end of the computer generated
registration list, with the notation that the voter has executed the
affidavit hereinabove prescribed, or, if such person's name appears on
the computer generated registration list, the board of elections may
provide a place to make such entry next to his or her name on such list.
The voter shall then, without further inquiry, be permitted to vote an
affidavit ballot provided for by this chapter. Such ballot shall there-
upon be placed in the envelope containing his or her affidavit, and the
envelope sealed and returned to the board of elections in the manner
provided by this chapter for protested official ballots, including a
statement of the number of such ballots.
3-a. The inspectors shall also give to every person whose address is
in such election district for whom no registration poll record can be
found and, in a primary election, to every voter whose registration poll
record does not show him to be enrolled in the party in which he wishes
to be enrolled OR WHO CLAIMS TO BE INCORRECTLY IDENTIFIED AS HAVING
ALREADY VOTED, a copy of a notice, in a form prescribed by the state
board of elections, advising such person of his right to, and of the
procedures by which he may, cast an affidavit ballot or seek a court
order permitting him to vote, and shall also give every such person who
does not cast an affidavit ballot, an application for registration by
mail.
§ 7. 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] AT THE TIME OF
VOTING together with the reason for the challenge. If no voters are
challenged, the board of inspectors shall enter the words "No Chal-
lenges" across the space reserved for such names. In lieu of preparing
section two of the challenge report, the board of elections may provide,
next to the name of each voter on the computer generated registration
list, a place for the inspectors of election to record the information
required to be entered in such section two, or provide at the end of
such computer generated registration list, a place for the inspectors of
election to enter such information.
§ 8. 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.
S. 1102 4 A. 780
§ 8-600. EARLY VOTING. 1. BEGINNING THE TENTH DAY PRIOR TO ANY GENER-
AL, PRIMARY, RUN-OFF PRIMARY PURSUANT TO SUBDIVISION ONE OF SECTION
6-162 OF THIS CHAPTER OR SPECIAL ELECTION FOR ANY PUBLIC OR PARTY POSI-
TION EXCEPT FOR SUCH AN ELECTION HELD PURSUANT TO TITLE TWO OF ARTICLE
SIX OR ARTICLE FIFTEEN OF THIS CHAPTER, AND ENDING ON AND INCLUDING THE
SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY, RUN-OFF PRIMARY OR SPECIAL
ELECTION FOR SUCH PUBLIC OFFICE OR PARTY POSITION, 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 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 SHALL DESIGNATE POLLING PLACES FOR EARLY
VOTING, WHICH MAY INCLUDE THE OFFICES OF THE BOARD OF ELECTIONS, FOR
PERSONS TO VOTE EARLY PURSUANT TO THIS TITLE. THERE SHALL BE SO DESIG-
NATED AT LEAST ONE EARLY VOTING POLLING PLACE FOR EVERY FULL INCREMENT
OF FIFTY THOUSAND 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.
(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 WHEN THE BOARD OF ELECTIONS DETERMINES
A LESSER NUMBER OF SITES IS SUFFICIENT TO MEET THE NEEDS OF EARLY
VOTERS.
(D) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED SO THAT VOTERS IN
THE COUNTY HAVE ADEQUATE AND EQUITABLE ACCESS, TAKING INTO CONSIDERATION
POPULATION DENSITY, TRAVEL TIME TO THE POLLING PLACE, PROXIMITY TO OTHER
EARLY VOTING POLL SITES , PUBLIC TRANSPORTATION ROUTES, COMMUTER TRAFFIC
PATTERNS AND SUCH OTHER FACTORS THE BOARD OF ELECTIONS DEEMS APPROPRI-
ATE. THE PROVISIONS OF SECTION 4-104 OF THIS CHAPTER, EXCEPT SUBDIVI-
SIONS 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 VOTER MAY VOTE AT ANY POLLING PLACE FOR EARLY VOTING ESTAB-
LISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION IN THE COUNTY WHERE
SUCH VOTER IS REGISTERED TO VOTE; PROVIDED, HOWEVER, IF IT IS IMPRACTI-
CAL TO PROVIDE EACH POLLING PLACE FOR EARLY VOTING ALL OF THE ELECTION
DISTRICT BALLOTS OR IF EARLY VOTING AT ANY SUCH POLLING PLACE MAKES
ENSURING THAT NO VOTER HAS NOT PREVIOUSLY VOTED EARLY DURING SUCH
ELECTION, THE BOARD OF ELECTIONS MAY ASSIGN ELECTION DISTRICTS TO A
PARTICULAR EARLY VOTING POLL SITE. 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. IF THE BOARD OF
ELECTIONS DOES NOT AGREE BY MAJORITY VOTE TO PLAN TO ASSIGN ELECTION
DISTRICTS TO EARLY VOTING POLL SITES, ALL VOTERS IN THE COUNTY MUST BE
ABLE TO VOTE AT ANY POLL SITE FOR EARLY VOTING IN THE COUNTY.
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.
S. 1102 5 A. 780
(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.
(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 EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION
FOR EARLY VOTING FOR: (I) A PRIMARY OR SPECIAL ELECTION SHALL BE MADE
NOT LATER THAN FORTY-FIVE DAYS BEFORE SUCH PRIMARY OR SPECIAL ELECTION;
AND (II) A RUN-OFF PRIMARY PURSUANT TO SUBDIVISION ONE OF SECTION 6-162
OF THIS CHAPTER SHALL BE MADE AS SOON AS PRACTICABLE.
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
S. 1102 6 A. 780
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
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.
THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES OR REGULATIONS
NECESSARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS TITLE. SUCH
RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS
TO (I) ENSURE THAT BALLOTS CAST EARLY, BY ANY METHOD ALLOWED UNDER LAW,
ARE COUNTED AND CANVASSED AS IF CAST ON ELECTION DAY, (II) ENSURE AN
EFFICIENT AND FAIR EARLY VOTING PROCESS THAT RESPECTS THE PRIVACY OF THE
VOTER, AND (III) REQUIRE THAT THE VOTING HISTORY RECORD FOR EACH VOTER
BE CONTINUALLY UPDATED TO REFLECT EACH INSTANCE OF EARLY VOTING BY SUCH
VOTER.
§ 9. The opening paragraph of section 9-209 of the election law, as
amended by chapter 163 of the laws of 2010, is amended to read as
follows:
Before completing the canvass of votes cast in any primary, general,
special, or other election at which voters are required to sign their
registration poll records before voting, the board of elections shall
proceed in the manner hereinafter prescribed to cast and canvass any
absentee, military, special presidential, special federal or other
special ballots and any ballots voted by voters who moved within the
county or city after registering, voters who are in inactive status,
voters whose registration was incorrectly transferred to another address
even though they did not move, voters whose registration poll records
were missing on the day of such election, voters who have not had their
identity previously verified and voters whose registration poll records
did not show them to be enrolled in the party in which they claimed to
S. 1102 7 A. 780
be enrolled AND VOTERS INCORRECTLY IDENTIFIED AS HAVING ALREADY VOTED.
Each such ballot shall be retained in the original envelope containing
the voter's affidavit and signature, in which it is delivered to the
board of elections until such time as it is to be cast and canvassed.
§ 10. This act shall take effect immediately; provided, however that
early voting pursuant to the provisions of this act shall first apply to
the general election held in November 2019, and to any general, primary,
run-off primary or special election held thereafter as provided for in
the election law.
