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.