S T A T E O F N E W Y O R K
________________________________________________________________________
2015
2025-2026 Regular Sessions
I N S E N A T E
January 14, 2025
___________
Introduced by Sen. ORTT -- 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 establishing no school
shall serve as a polling place
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 4-104 of the election law, as
amended by chapter 694 of the laws of 1989, is amended and a new subdi-
vision 7-a is added to read as follows:
3. A building exempt from taxation shall be used whenever possible as
a polling place if it is situated in the same or a contiguous election
district, and may contain as many distinctly separate polling places as
public convenience may require. The expense, if any, incidental to its
use, shall be paid like the expense of other places of registration and
voting. [If a board or body empowered to designate polling places choos-
es a public school building for such purpose, the board or agency which
controls such building must make available a room or rooms in such
building which are suitable for registration and voting and which are as
close as possible to a convenient entrance to such building and must
make available any such room or rooms which the board or body designat-
ing such building determines are accessible to physically disabled
voters as provided in subdivision one-a.] Notwithstanding the provisions
of any general, special or local law, if a board or body empowered to
designate polling places chooses a publicly owned or leased building[,
other than a public school building,] for such purposes the board or
body which controls such building must make available a room or rooms in
such building which are suitable for registration and voting and which
are as close as possible to a convenient entrance to such building, and
must make available any such room or rooms which the board or body
designating such building determines are accessible to physically disa-
bled voters unless, not later than thirty days after notice of its
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01643-01-5
S. 2015 2
designation as a polling place, the board or body controlling such
building, files a written request for a cancellation of such designation
with the board or body empowered to designate polling places on such
form as shall be provided by the board or body making such designation.
The board or body empowered to so designate shall, within twenty days
after such request is filed, determine whether the use of such building
as a polling place would unreasonably interfere with the usual activ-
ities conducted in such building and upon such determination, may cancel
such designation.
7-A. NO POLLING PLACE SHALL BE LOCATED ON THE PREMISES OF ANY PUBLIC
OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL OR A SCHOOL FOR PRESCHOOL
CHILDREN, AS THAT TERM IS DEFINED IN PARAGRAPH I OF SUBDIVISION ONE OF
SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW.
§ 2. This act shall take effect immediately.