BILL NUMBER: S8782

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the election law, in relation to requiring munici-
palities with the highest population in each county to have at least one
polling place designated for early voting

 
PURPOSE:

This bill amends previously enacted early voting provisions to provide
that, in each county, the largest municipality by population must
contain at least one early voting polling location.

 
SUMMARY OF PROVISIONS:

Section 1: Amends § 8-600 of the Election Law to provide that the muni-
cipality with the highest population in each county based on the latest
federal decennial census shall have at least one polling place desig-
nated for early voting, and to the extent practicable if such munici-
              

pality has public transportation routes, such polling place shall be
situated along such transportation routes.

Section 2: Effective date.

 
EXISTING LAW:

Currently, the board of elections in each county must designate early
voting locations. There must be at least one early voting location for
every full increment of 50,000 voters in each county, with a maximum
required number of locations in each county set at seven.  Polling plac-
es for early voting should 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 other such factors the board of elections deems appropri-
ate.

 
JUSTIFICATION:

In 2019, New York state lawmakers took historic steps in approving a
series of reforms intended to make New York's voting process easier,
more efficient, more transparent, and more accountable to its citizens.
Among these reforms were the scheduling of state and federal primaries
on the same day, automatic updating of voters' registrations when they
move, preregistration of those ages 16 and 17 prior to an election in
which they will be eligible to vote, and requirements that established
10 days of early voting which includes two full weekends prior to
elections.

With regard to early voting, the intent of the legislature was to
provide a flexible timeline within which voters can cast their ballots,
taking into account the reality that voters often have busy schedules,
vacations, and family obligations that can get in the way of voting on
election day. Early voting provides flexibility and a longer voting
process that encourages civic involvement by New York's citizens.


Key components of ensuring the success and accessibility of early voting
are the location and number of polling sites. The original legislation,
passed in 2019, set a minimum threshold for the number of polling
locations, with one polling location required for each 50,000 voters.
The legislature was also careful to include provisions stating that when
siting polling locations, boards of elections should take into account
population density, travel time, and public transportation routes. These
provisions recognize that inaccessibility to early voting polling
locations will severely undermine the entire utility of the program for
New York's voters.  It has come to the attention of the sponsor that in
at least one county in the state, the intent of these provisions has
been disregarded, with polling locations being sited outside the coun-
ty's largest municipality and urban center. The sites of the polling
locations do not lend adequate and equitable access to the polls for the
county's urban voters, as they are located a significant distance
outside the county's largest city. Many urban voters, due to population
density, utilize public transportation and will not have adequate and
equitable access to the polling locations established in such county;
these voters are effectively being disenfranchised from New York's early
voting system.

In every county across the state, urban locations and cities should be
equally represented and given the opportunity to express their voting
preferences. This bill seeks to remedy this shortfall in the original
legislation by clarifying that, in each county, at least one polling
place must be located in the largest municipality of that county. In
addition, if such municipality has public transportation lines, the
polling location must be along such public transportation lines, to
ensure that users of public transportation have equal access to the
polling location. This legislation will ultimately ensure that the most
populated city in each county is provided with early voting, thus
preventing disenfranchisement, whether unintentional or deliberate, of
urban voters and users of public transportation.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

There is no cost to the state.

 
LOCAL FISCAL IMPLICATIONS:  None; this bill will not alter the number
of required polling locations, rather it further clarifies where such
polling places must be located.