Senate Bill S2346

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2346
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to  ensuring  that  voting
   systems  testing  requirements  do  not make it impractical to provide
   each polling place for early  voting  all  of  the  election  district
   ballots

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 3 of section 8-600 of the election  law,
 subdivision 2 as amended by chapter 781 of the laws of 2021 and subdivi-
 sion 3 as added by chapter 6 of the laws of 2019, are amended to read as
 follows:
   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.
   (b) The largest city in the county or, if there  is  no  city  in  the
 county,  the  municipality  with  the  highest population in each county
 based on the latest federal decennial census,  or  the  county  seat  in
 Washington  county, shall have at least one polling place designated for
 early voting, and to the extent practicable if such city or municipality
 has public transportation routes, such polling place shall  be  situated
 along such transportation routes.
   (c) In counties with at least five hundred thousand registered voters,
 there shall be so designated at least one early voting polling place for
 every full increment of forty thousand registered voters.
   (d)  In all other counties with less than five hundred thousand regis-
 tered voters, there shall be so designated at  least  one  early  voting
 polling  place  for  every  full increment of thirty thousand registered
 voters; provided, however, the number of early voting polling places  in
 counties  with  less  than five hundred thousand registered voters shall
 not be [required to be greater than ten nor] less than one.
   (e) For any special, primary or run-off primary election at  which  no
 voters of the municipality with the highest population within the county
 are  eligible  to vote, the board of elections may, in lieu of having an
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04109-01-3
 S. 2346                             2
 
 early voting polling place in such  municipality,  designate  a  polling
 place  for  early voting in the municipality with the highest population
 within the county within which the voters are eligible to vote  at  such
 special, primary, or run-off primary election.
   (f)  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.
   (g) 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.
   (h) 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 established pursuant to subdivision two of this
 section in the county where such voter is registered to vote;  provided,
 however,  if  it  is impractical 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.
   § 2. Section 8-602 of the election law, as added by chapter 6  of  the
 laws of 2019, is amended to read as follows:
   § 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; AND (IV) ENSURE THAT VOTING SYSTEMS TESTING REQUIREMENTS  DO
 NOT  MAKE  IT IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY VOTING
 ALL OF THE ELECTION DISTRICT BALLOTS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law  and  shall  apply to any general, primary, run-off
 primary or special election held  thereafter  as  provided  for  in  the
 election law.