Amd §§3-400, 4-117, 8-100, 8-102, 8-104 & 8-508, add Art 8 Title 6 §§8-600 - 8-602, El L
Relates to early voting; provides that beginning the eighth day prior to any election and ending on and including the second day prior to the election a person duly registered and eligible to vote shall be permitted to vote.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2064
SPONSOR: Kavanagh (MS) TITLE OF BILL:
An act to amend the election law, in relation to early voting
PURPOSE:
This bill establishes a system to permit eligible voters throughout the
State to vote in person during a designated period prior to any primary,
special, or general election day.
SUMMARY OF PROVISIONS:
Section one of the bill amends Section 3-400 of the election law by
adding a new subdivision 9 to clarify the manner in which election
inspectors and poll clerks are to be appointed for polling places for
early voting, and setting a standard for wait times for early voting not
to exceed thirty minutes.
Section two of the bill amends section 4-117 of the election law by
adding a new subdivision 1-a to require the board of elections to notify
voters annually of the days, hours, and locations of polling places for
early voting. The board of elections may satisfy this requirement by
providing instructions in the notice regarding how to get the informa-
tion via the internet or by phone.
Section three of the bill amends subdivision 2 of section 8-100 of the
election law to require that polls open at seven o'clock in the morning,
rather than six o'clock, for primary elections in the city of New York
and Nassau, Suffolk, Westchester, Rockland, Orange, Putnam and Erie
counties, and for all special elections and every other election
throughout the State, except general elections for which polls shall
continue to open at six o'clock in the morning, and to state that early
voting hours shall be as set forth in section 8-600.
Section four of the bill amends subdivision 1 of section 8-102 of the
election law by adding a new paragraph (k) to apply the provisions of
article 8 of the election law to early voting, except for certain
provisions related to tabulation and proclamation of results.
Section five of the bill amends section 8-104 of the election law by
adding a new subdivision 7 to note that section 8-104 applies on early
voting days.
Section six of the bill amends paragraph (b) of subdivision 2 of section
8-508 of the election law to provide that challenges of voters on early
voting days should be included on the same type of report that records
challenges on election day.
Section seven of the bill amends article 8 of the election law by adding
a new title 6, with new sections 8-600 and 8-602, setting out the proc-
ess for early voting.
Subdivision one of section 8-600 of the new title specifies that early
voting begins on the eighth day prior to any general, primary, or
special election and ends on and includes the second day prior (i.e., on
the Sunday before a Tuesday election day). The subdivision also requires
boards of elections to establish procedures to ensure that persons who
vote during the early voting period aren't permitted to vote subsequent-
ly in the same election.
Subdivision two of section 8-600 of the new title specifies in para-
graphs (a), (b), and (c) the number of required polling places for early
voting. The required number depends on the number of registered voters
in each county, with one polling place for each full increment of 50,000
registered voters, but no fewer than one and no more than seven sites
required in each county. Counties would be able to add more sites at
their discretion or, in certain circumstances, reduce the number below
that otherwise required.
Paragraph (d) of the subdivision requires locations to be chosen to give
all eligible voters adequate, equitable access to early voting, to the
extent practicable, and specifies certain factors to be considered in
location decisions. Paragraph (d) also applies the provisions of section
4-104 of the election law to the designation of polling places for early
voting; these are the existing requirements for siting polling places
for election day voting.
Subdivision three of section 8-600 of the new title requires that all
voters should generally be able to vote at any polling place for early
voting in their county, but allows for an exception if this would be
impractical.
Subdivision four of section 8-600 of the new title sets requirements for
hours early voting must be available in each county, with substantial
flexibility for the counties. Polls would be open for early voting for
at least 8 hours between 7:00 a.m. and 8:00 p.m. on weekdays, provided
that one site at which all eligible voters may vote shall remain open
until at least 8:00 p.m. on two weekdays in each calendar week of the
early voting period, and for at least 5 hours between 9:00 a.m. and 6:00
p.m. on Saturdays, Sundays, and legal holidays. Counties would have the
option of providing additional hours as well. They would be required to
designate the standard hours of operation for early voting by May 1st
each year; this is the day boards of elections must designate polling
places for the coming year under existing law.
Subdivision five of section 8-600 of the new title requires each board
of elections to create a communication plan to inform eligible voters of
the opportunity to vote early.
Subdivision six of section 8-600 of the new title applies existing
requirements for paper ballots to those to be used for early voting.
Subdivision seven of section 8-600 of the new title applies existing
requirements related to voter challenges to early voting.
Subdivisions eight, nine, ten, and eleven of section 8-600 of the new
title set out provisions for handling ballots and scanners at the end of
each day of early voting and after the polls close on election day.
Generally, the new subdivisions apply the same process for canvassing,
tabulating, and announcing results that already apply on election day,
with some minor adjustments to reflect that fact that early voting
occurs over multiple days. No results for early voting would be tabu-
lated before the polls close on election day.
Section 8-602 of the new title sets forth certain powers and duties of
the state board of elections to make rules regarding early voting.
Section eight of the bill sets forth the effective date.
JUSTIFICATION:
Given the vital role that voting plays in a participatory democracy, New
York should ensure that our elections are run in ways that meet contem-
porary standards for accessibility, equity, and efficiency. Providing
eligible voters the opportunity to vote in person during a designated
period before election day would be a major step towards achieving this
goal.
Early voting would make it less burdensome for New Yorkers to access the
polls and exercise their civic obligation to vote. Early voting would
reduce inequity, because some voters have greater difficulty than others
arranging to vote on a single designated day. And early voting would
improve the efficiency of elections from the perspective of election
administrators, as well as voters, by spreading the work of managing
elections over a longer period of time, alleviating some of the problems
that are created by the current system of having all in-person voting
take place in a single day, such as long lines at the polls and
exhausted poll workers.
Establishing an 7-day early voting period running until the Sunday
before election day would give busy New Yorkers, who often must juggle
many personal, family, and work obligations, more flexibility in finding
a time to vote. Those who are unable to vote on election day should not
be excluded from participating in the democratic process merely because
they are unavailable on a single day.
Of particular importance in establishing an early voting period is the
addition of weekend hours for in-person voting. Due to their own work
schedules or those of partners with whom they share responsibilities as
caregivers, many people have time to vote on the weekend that they do
not have on weekdays.
In order to ensure that early voting is instituted in a practical, effi-
cient, and cost effective manner, this bill takes into account the wide
variation in characteristics of different counties throughout the state,
by providing county boards of elections with flexibility to establish
locations and hours for early voting that are tailored to the unique
circumstances of their respective counties. This flexibility is balanced
by minimum standards that would ensure that all voters have a meaningful
opportunity to vote early.
The most significant way the bill allows for variations among counties
relates to the number of polling places each county would be required to
provide for early voting. New York's least populous county has fewer
than 5,000 residents whereas its most populous has more than 2.5
million. To account for this wide variation, the minimum number of poll-
ing places for early voting required in each county would be based on a
tiered system, with one site per 50,000 registered voters, up to a maxi-
mum of 7 required sites. The mandated number for each county would
represent a minimum requirement; county boards of elections would be
permitted to establish additional polling places at their discretion.
The bill also contains several additional guidelines for the establish-
ment of polling places for early voting to enhance the effectiveness of
early voting and ensure that localities have the discretion to implement
it efficiently.
First, to the extent practicable, county boards of elections would be
required to designate polling places in locations that maximize accessi-
bility for eligible voters. The bill incorporates various guidelines
that already apply to siting of election day polling places.
Second, while the general rule established in the bill is that every
eligible voter would be permitted to vote at any polling place in the
county where he or she is registered, the bill recognizes that this may
not always be practical because of the number of distinct ballot types
that might be required at each polling place, and other factors. There-
fore, the board of elections in each county would have the discretion to
choose to make certain polling places serve only a portion of the coun-
ty, provided that every voter has at least one polling place to vote
early.
Another way the bill allows for variations among counties relates to the
hours for early voting. The bill establishes guidelines for the minimum
number of hours that polling places for early voting would be required
to be open, ensuring that all voters would have meaningful opportunities
to avail themselves of the option to vote early. On the other hand,
county boards of elections would have the discretion to set the specific
hours for each polling place, to reflect the distinct needs and prefer-
ences of New Yorkers in different parts of the state. These provisions
would require that all early voting sites are open for at least eight
hours on weekdays, including two days a week with evening hours, and for
at least five hours on weekends and holidays. The requirement of evening
hours two days a week overlaps somewhat with the existing requirement in
election law section 3214 requiring that board of elections offices
maintain extended hours on two weekdays in the two weeks prior to any
general election.
Thirty-seven states and the District of Columbia have already instituted
in-person early voting in one form or another. For all the foregoing
reason, New York should do the same, and support the right of all New
Yorkers to meet their civic obligations and participate in our democracy
in a reasonable, accessible manner.
FISCAL IMPACT ON THE STATE:
Minimal.
FISCAL IMPACT ON LOCALITIES:
There will be some costs associated with early voting related to staff-
ing polling places, providing outreach materials to educate the public
about the new procedures, and other aspects of administering the system.
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:
None.
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:
None.
LEGISLATIVE HISTORY:
2016: A08582B (Kavanagh) - Passed Assembly
2015: A08582 (Kavanagh) - Elections
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to any election
held one hundred twenty days or more after it shall have taken effect.
