S T A T E O F N E W Y O R K
________________________________________________________________________
6341
2021-2022 Regular Sessions
I N A S S E M B L Y
March 16, 2021
___________
Introduced by M. of A. JENSEN -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to restricting electio-
neering activities near polling places
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 8-104 of the election law, as
amended by chapter 232 of the laws of 2020, is amended to read as
follows:
1. The American flag shall be kept displayed at each polling place
throughout the election. Facsimile ballots, voter information posting
and distance markers shall not be taken down, torn or defaced during the
election. [While the polls are open no person shall do any electioneer-
ing within the polling place, or in any public street, within a one
hundred foot radial measured from the entrances designated by the
inspectors of election, to such polling place or within such distance in
any place in a public manner; and no political banner, button, poster or
placard shall be allowed in or upon the polling place or within such one
hundred foot radial.] While the polls are open no person shall consume
any alcoholic beverages within the polling place. While the polls are
open no person shall make any change, alteration or modification to any
entrance to or exit from the polling place unless such change, alter-
ation or modification allows for increased access for persons with disa-
bilities or is necessary to maintain public safety due to the occurrence
of an emergency. Any such change, alteration or modification shall be
clearly marked on signage placed adjacent to the former entrance or
exit.
§ 2. Subdivision 2 of section 8-104 of the election law is renumbered
subdivision 2-a and a new subdivision 2 is added to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10324-01-1
A. 6341 2
2. (A) WHILE THE POLLS ARE OPEN, NO POLITICAL BANNER, SIGN, BUTTON,
POSTER OR PLACARD SHALL BE ALLOWED AND NO PERSON SHALL DO ANY ELECTIO-
NEERING WITHIN THE POLLING PLACE OR WITHIN EITHER:
(I) ONE SIX HUNDRED FOOT RADIAL MEASURED FROM THE ENTRANCES DESIGNATED
BY THE INSPECTORS OF ELECTION, INCLUDING PUBLIC STREETS, TO SUCH POLLING
PLACE; OR
(II) THE ENTIRE PROPERTY IN WHICH THE POLLING PLACE IS LOCATED.
(B) IF A POLLING LOCATION IS IN A BUILDING WITH MULTIPLE STORIES, THE
ELECTIONEERING DISTANCE RESTRICTION SHALL NOT APPLY TO FLOORS ABOVE OR
BELOW THE POLLING SITE WHICH ARE NOT VISIBLE TO VOTERS WHO ARE IN THE
PROCESS OF ENTERING OR EXITING THE ACTUAL POLLING LOCATION BUT SHALL
APPLY TO STAIRWELLS WHICH VOTERS NEED TO ACCESS SUCH POLLING LOCATION.
(C) SELECTION AS TO WHICH MEASUREMENT WILL BE USED TO RESTRICT ELECTI-
ONEERING AT OR NEAR A POLLING PLACE SHALL BE MADE BY THE BOARD OF
ELECTIONS NO LATER THAN TWENTY-FOUR HOURS PRIOR TO THE FIRST DAY OF
VOTING AT THE POLLING LOCATION. THE BOARD OF ELECTIONS SHALL ANNOUNCE
THE DETERMINATION OF ELECTIONEERING BAN ON EACH POLLING LOCATION
THROUGHOUT THE COUNTY ON THEIR WEBSITE NO LATER THAN TWENTY-FOUR HOURS
PRIOR TO THE FIRST DAY OF VOTING AT THE POLLING LOCATION.
§ 3. This act shall take effect immediately.