Search OpenLegislation Statutes

This entry was published on 2020-10-16
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§ 8-104. Polls. 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 electioneering 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, alteration or modification allows for increased access for
persons with disabilities 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.

1-a. The election inspectors shall conspicuously post in the polling
place before the opening of the polls, a voter information posting,
which shall include: (a) the sample ballot and instructions for the use
of ballot scanners and ballot marking devices required pursuant to
section 7-118 of this chapter; (b) a statement that "today is election
day" and the hours during which polling places will be open; (c)
instructions on how to cast an affidavit ballot and a concise statement
of a voter's right to such a ballot; (d) instructions relating to
requirements for voting on ballot scanners by those registrants who must
provide identification pursuant to the federal Help America Vote Act of
2002; (e) instructions for first-time voters; (f) a voter's bill of
rights describing voter's rights under applicable federal and state law,
including the right of accessibility and alternate language
accessibility; (g) information pertaining to voting by election day
paper ballot, including information about the consequence of casting an
overvote, steps to prevent unintentional undervoting and spoiled
ballots; (h) instructions on how to contact the appropriate officials if
a voter's right to vote or right to otherwise participate in the
electoral process has been violated; and (i) general information on
federal and state laws regarding prohibitions on acts of fraud and
misrepresentation. The state board of elections shall prescribe the form
and content of the voter information posting, which may be comprised of
one or more pages, provided each page shall be posted separately. The
state board of elections shall prescribe an official version of such
voter information posting for every language which appears on any
general, primary or special election ballot in any election district in
the state and for such other languages as such board, in its opinion,
determines is appropriate. Such posting shall be used in all
jurisdictions, and a separate posting shall be made by election
inspectors for each language appearing on the ballot and for such
additional languages as the board of elections may require. A board of
elections may modify or supplement the voter information posting used in
its jurisdiction to provide additional or local information; provided,
however, any such modification or supplementation shall be submitted to
the state board of elections for prior approval.

2. The ballot boxes, other secure storage containers and all official
ballots shall be kept within the guard-rail, and at least six feet
therefrom, from the opening of the polls until the announcement of the
result of the canvass and the signing of the inspectors' returns
thereof. No person shall be admitted within the guard-rail during such
period except the election officers, authorized watchers, persons
admitted by the inspectors to preserve order or enforce the law, voters
duly admitted for the purpose of voting and children under the age of
sixteen accompanying their voting parents or guardians; provided,
however, that candidates voted for at the polling place may be within
the guard-rail during the canvass.

3. The provisions of this chapter concerning the preservation of order
and apprehension for crime on a day of registration, shall apply to a
day of election, but a person taken into custody shall not be prohibited
thereby from voting.

4. After a ballot box or other secure storage container has been
locked for the purposes of election, it shall not be opened until it is
opened at the close of the polls for purposes of canvass or by election
officials upon the instructions of the board of elections. Each
inspector shall be responsible personally for the custody of each ballot
box and other secure storage container and its contents from the time
the election begins until the box or container is delivered, according
to law, to the person entitled to receive it.

5. Voters entitled to vote who are on line or in the polling place at
the time fixed by law for the closing of the polls shall be allowed to

6. In the city of New York, during days of primary, general, special
and community school board elections, at each premises wherein a polling
place or places are located, at least one police officer or peace
officer designated by the police commissioner of such city pursuant to
the provisions of article two of the criminal procedure law shall be
assigned for duty from the opening until the closing of the polls.
Additional police officers or peace officers may be assigned as is
deemed appropriate by the police commissioner of such city.

7. This section shall apply on all early voting days as provided for
in section 8-600 of this article.