NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10504
SPONSOR: Rules (Bores) TITLE OF BILL:
An act to amend the election law, in relation to designating early poll-
ing places
PURPOSE:'
This bill provides that public schools shall not be designated as early
voting polling sites.
SUMMARY OF PROVISIONS:
Section 1: Amends § 4-104 of the Election Law to provide that public
buildings shall be designated as polling places to the extent practica-
ble, however in no case shall a public school be designated as an early
voting polling location. If additional polling places are needed, a
building exempt from taxation or owned by an entity receiving more than
one millions dollars in annual state grant funding shall be used as a
polling place unless the owner demonstrates that the entity's function
is significantly incompatible with operating as a polling place. This
section also repeals the prohibition of designating a polling site at a
location where there is a business licensed to sell alcoholic beverages
for on premises consumption.
Section 2: The act shall take effect immediately.
EXISTING LAW:
Under current law, there is no restriction on placing early voting poll-
ing sites at public schools. On the contrary, the law provides that if a
board chooses a public school building for a polling place, without
distinction for whether it is for early voting or on Election Day, the
board or agency controlling the school building must make the building
available. In addition, current law prohibits polling places from being
placed where alcohol is also being sold on the premises.
JUSTIFICATION:
In 2019, New York state lawmakers took historic steps in approving a
series of reforms intended to make New York's voting process easier,
more efficient, more transparent, and more accountable to its citizens.
Among these reforms were the scheduling of state and federal primaries
on the same day, automatic updating of voters' registrations when they
move, preregistration of those ages 16 and 17 prior to an election in
which they will be eligible to vote, and requirements that established
10 days of early voting which includes two full weekends prior to
elections.
With regard to early voting, the intent of the legislature was to
provide a flexible timeline within which voters can cast their ballots,
taking into account the reality that voters often have busy schedules,
vacations, and family obligations that can get in the way of voting on
Election Day. Early voting provides flexibility and a longer voting
process that encourages civic involvement by New York's citizens.
Following analysis of early voting polling site locations in the 2019
election cycle, there were concerns voiced about the continued use of
schools as early voting polling places. While schools are normally
closed during Election Day, schools are not closed during the days of
early voting. This creates logistical and security concerns and disrupts
the school day. In addition, vital areas of a public school such as
cafeterias and gymnasiums become unavailable to students during this
time, which can occur multiple times a year due to primary, general, and
special elections.
In the 2020 general election, while schools tried to hold in-person
classes during the COVID-19 pandemic, additional concerns were raised as
voters were allowed to enter public schools. Although students, teach-
ers, and school staff were required to have their temperature checked,
and additional precautions were implemented, voters were able to enter
the school without being subjected to similar requirements.
A vast majority of early voting sites were not at public schools but
rather colleges, community centers, and museums. Only one locality
outside of the City of New York used public schools as polling places,
and none of the polling places in the borough of Queens were public
schools.
The prohibition on placing polling sites on the same premises as alcohol
being sold is repealed in order to expand the types of sites available
for early voting in light of the restriction on placement at public
schools.
LEGISLATIVE HISTORY:
2021-22: S.1039/a.7580 - Passed Senate
2019-20: s.6930/a.9655 - Passed Senate
FISCAL IMPLICATIONS:
To be determined.
LOCAL FISCAL IMPLICATIONS:
To be determined.
