S T A T E O F N E W Y O R K
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4333
2021-2022 Regular Sessions
I N A S S E M B L Y
February 1, 2021
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to additional days of
voting as a result of emergencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known as the "emergency response restora-
tion of the electoral process act".
§ 2. Legislative Declaration. The legislature finds there is a need
for an orderly process known in advance to remedy disruptions to the
electoral calendar created by emergency circumstances. Because the elec-
toral machinery in a democracy is so important it must not be disturbed
or delayed lightly. Only the most exigent of circumstances can justify
resorting to the remedies provided by this act.
§ 3. Section 3-108 of the election law, subdivision 5 as added by
chapter 394 of the laws of 2008, is amended to read as follows:
§ 3-108. Disaster; additional day for voting. 1. A county board of
elections, or the state board of elections with respect to an election
conducted in a district in the jurisdiction of more than one county
board of elections, may determine that, as the direct consequence of a
fire, earthquake, tornado, explosion, power failure, act of sabotage,
enemy attack or other disaster[, less than twenty-five per centum of the
registered voters of any city, town or village, or if the city of New
York, or any county therein, actually voted in any general election] OR
STATE OF EMERGENCY, THE ABILITY OF VOTERS TO VOTE HAS BECOME, OR WILL
IMMINENTLY BECOME, IMPOSSIBLE AND SUCH IMPOSSIBILITY CANNOT BE MITIGATED
DURING THE SCHEDULED COURSE OF VOTING. Such a determination by a county
board of elections shall be subject to approval by the state board of
elections. If the state board of elections makes such a determination,
it shall notify the [board] BOARDS of elections having jurisdiction [in
that county] OVER THAT ELECTION that an additional day of election shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00914-01-1
A. 4333 2
be held, which notice shall show: the nature of the disaster; the coun-
ty, city, town or village affected thereby; the number of persons duly
registered to vote therein at such [general] election; and the number of
persons who voted therein at such [general] election.
2. The county board of elections, OR THE STATE BOARD OF ELECTIONS, AS
APPLICABLE, shall thereafter set a date for an additional day for voting
in the county, city, town or village affected by the statement, which
shall not be more than twenty days after the original date of the
[general] election and shall determine the hours during which the polls
shall remain open on such additional day for voting; provided, however,
that in any event the polls shall remain open for not less than eleven
hours. [The] EACH county board of elections HAVING JURISDICTION OVER
SUCH ELECTION shall [publish notice thereof not less than twice in each
week preceding the date for the additional day for voting, in] NOTIFY
newspapers as designated in this chapter[, and] IN THE WEEK PRECEDING
THE DATE OF THE ADDITIONAL DAY OF VOTING. SUCH NOTICE SHALL BE PROVIDED
TO ALL MEDIA OUTLETS AND COUNTY, TOWN, CITY AND VILLAGE CLERKS AND
MUNICIPAL ATTORNEYS NOT LESS THAN ONE WEEK PRECEDING THE DATE OF THE
ADDITIONAL DAY OF VOTING AND SHALL BE POSTED ON THE BOARD'S WEBSITE AS
SOON AS POSSIBLE. TO THE EXTENT PRACTICABLE, THE BOARD shall notify all
registered voters by mail. Such notice shall also direct attention to
any change of polling places and shall contain such other and additional
information as in the judgment of the board of elections shall be neces-
sary and proper.
3. Official ballots shall be provided at public expense at each poll-
ing place for such additional day of election. In any election district
in which voting machines were used upon the original day of voting, they
shall be used for the additional day for voting. The [original seal]
SECURITY SEALS on such machines shall not be removed nor shall the
machines be unlocked until the opening of the polls on the additional
day for voting and the board of elections shall provide [an] additional
[seal] SECURITY SEALS to be used as soon as the polls are closed on such
day.
4. Only those persons duly registered to vote upon the original date
of the [general] election who did not vote on such date shall be enti-
tled to vote on the additional day for voting. Voting on the additional
day provided for in this section shall be accomplished solely by phys-
ically appearing at the polling place and nothing contained in this
section shall be construed to extend the time set by law for casting or
canvassing a SPECIAL, military, absentee, SPECIAL FEDERAL or special
presidential ballot; provided, however, that nothing contained herein
shall be deemed to invalidate any SPECIAL, MILITARY, absentee, [mili-
tary] SPECIAL FEDERAL or special presidential ballot duly received on
the original date of the [general] election.
5. (A) A county board of elections, or the state board of elections
with respect to an election conducted in a political subdivision in the
jurisdiction of more than one county board of elections, may determine
that, as the direct consequence of a fire, earthquake, tornado, explo-
sion, power failure, act of sabotage, enemy attack or other disaster OR
STATE OF EMERGENCY, the ability to make a filing with respect to any
provision of this chapter was substantially impaired. Upon making such a
finding, a county board of elections, or the state board of elections
shall extend for a reasonable time the period for making such filing. An
extension GRANTED pursuant to this subdivision [granted by a county
board of elections] shall NOT be [subject to the approval of the state
A. 4333 3
board of elections if such extension is] longer than [one] TWO business
[day] DAYS.
(B) A COUNTY BOARD OF ELECTIONS, OR THE STATE BOARD OF ELECTIONS WITH
RESPECT TO AN ELECTION CONDUCTED IN A POLITICAL SUBDIVISION IN THE
JURISDICTION OF MORE THAN ONE COUNTY BOARD OF ELECTIONS, MAY DETERMINE
THAT, AS THE DIRECT CONSEQUENCE OF A FIRE, EARTHQUAKE, TORNADO, EXPLO-
SION, POWER FAILURE, ACT OF SABOTAGE, ENEMY ATTACK OR OTHER DISASTER OR
STATE OF EMERGENCY, THE ABILITY TO CONVENE A PARTY CAUCUS ON THE DATE
SCHEDULED FOR SUCH CAUCUS AND MAKE THE REQUIRED FILINGS FOR THE PURPOSE
OF NOMINATING ONE OR MORE CANDIDATES WAS SUBSTANTIALLY IMPAIRED. UPON
MAKING SUCH A FINDING, A COUNTY BOARD OF ELECTIONS, OR THE STATE BOARD
OF ELECTIONS, SHALL POSTPONE FOR A REASONABLE TIME THE DATE OF SAID
PARTY CAUCUS AND REQUIRED FILINGS. AN EXTENSION GRANTED PURSUANT TO THIS
SUBDIVISION SHALL NOT BE LONGER THAN ONE WEEK FROM THE DATE OF THE
ORIGINALLY-SCHEDULED PARTY CAUCUS.
(C) IF AN EXTENSION IS GRANTED PURSUANT TO THIS SUBDIVISION BY THE
STATE BOARD OF ELECTIONS, SUCH BOARD SHALL NOTIFY THE RESPECTIVE COUNTY
BOARDS OF ELECTIONS OF SUCH EXTENSION AND POST SUCH NOTICE ON ITS
WEBSITE.
(D) THE COUNTY BOARD OF ELECTIONS SHALL IMMEDIATELY NOTIFY MEDIA
OUTLETS OF THE EXTENSIONS PROVIDED PURSUANT TO THIS SECTION, POST SUCH
NOTICE TO ITS WEBSITE AND, TO THE EXTENT PRACTICABLE FOR THE EXTENSION
OF A PARTY CAUCUS, POST SUCH NOTICE AT THE LOCATION OF THE ORIGINALLY-
SCHEDULED CAUCUS. THE COUNTY BOARD OF ELECTIONS SHALL ALSO PROVIDE WRIT-
TEN NOTICE TO ALL APPROPRIATE COUNTY, TOWN, CITY AND VILLAGE CLERKS AND
MUNICIPAL ATTORNEYS.
§ 4. This act shall take effect immediately.