Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3-108
Disaster; additional day for voting
Election (ELN) CHAPTER 17, ARTICLE 3, TITLE 1
§ 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.
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 of
elections having jurisdiction in that county that an additional day of
election shall be held, which notice shall show: the nature of the
disaster; the county, 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 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 county board of elections shall
publish notice thereof not less than twice in each week preceding the
date for the additional day for voting, in newspapers as designated in
this chapter, and 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 necessary and proper.

3. Official ballots shall be provided at public expense at each
polling 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 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 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 entitled
to vote on the additional day for voting. Voting on the additional day
provided for in this section shall be accomplished solely by physically
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 military, absentee or special presidential ballot;
provided, however, that nothing contained herein shall be deemed to
invalidate any absentee, military or special presidential ballot duly
received on the original date of the general election.

5. 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,
explosion, power failure, act of sabotage, enemy attack or other
disaster, 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
pursuant to this subdivision granted by a county board of elections
shall be subject to the approval of the state board of elections if such
extension is longer than one business day.