Amd §§3-400, 4-117, 8-100, 8-102, 8-104, 8-302, 8-508 & 9-209, add Art 8 Title 6 §§8-600 - 8-602, El L
Relates to early voting; provides that beginning the tenth 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.
STATE OF NEW YORK
________________________________________________________________________
S. 1102 A. 780
2019-2020 Regular Sessions
SENATE - ASSEMBLY
January 10, 2019
___________
IN SENATE -- Introduced by Sens. MYRIE, ADDABBO, BAILEY, BENJAMIN, BIAG-
GI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES,
HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY,
KRUEGER, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, PARKER,
PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO,
SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice and ordered
printed, and when printed to be committed to the Committee on
Elections
IN ASSEMBLY -- Introduced by M. of A. LAVINE, HEASTIE, CUSICK, BLAKE,
SIMON, PAULIN, DINOWITZ, L. ROSENTHAL, LIFTON, FAHY, LUPARDO, ABINAN-
TI, ROZIC, GALEF, COOK, RAMOS, CYMBROWITZ, JAFFEE, CARROLL, TAYLOR,
ORTIZ, WALKER, PEOPLES-STOKES, COLTON, DE LA ROSA, WRIGHT, BARRON,
GOTTFRIED, OTIS, ENGLEBRIGHT, MOSLEY, GLICK, BURKE, CRUZ, EPSTEIN,
FALL, FRONTUS, GRIFFIN, JACOBSON, McMAHON, RAYNOR, REYES, ROMEO,
THIELE, WEINSTEIN -- Multi-Sponsored by -- M. of A. BUCHWALD, LENTOL
-- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to early voting
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3-400 of the election law is amended by adding a
2 new subdivision 9 to read as follows:
3 9. Notwithstanding any inconsistent provisions of this article,
4 election inspectors or poll clerks, if any, at polling places for early
5 voting, shall consist of either board of elections employees who shall
6 be appointed by the commissioners of such board or duly qualified indi-
7 viduals, appointed in the manner set forth in this section. Appointments
8 to the offices of election inspector or poll clerk in each polling place
9 for early voting shall be equally divided between the major political
10 parties. The board of elections shall assign staff and provide resources
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04589-04-9
S. 1102 2 A. 780
1 to ensure a voter's wait time to vote at an early voting site shall not
2 exceed thirty minutes.
3 § 2. Section 4-117 of the election law is amended by adding a new
4 subdivision 1-a to read as follows:
5 1-a. The notice required by subdivision one of this section shall
6 include the dates, hours and locations of early voting for the general
7 and primary election. The board of elections may alternatively satisfy
8 the notice requirement of this subdivision by providing in the notice
9 instructions to obtain the required early voting information by means of
10 a website and phone number of the board of elections.
11 § 3. Paragraph (b) of subdivision 1 and subdivision 2 of section 8-100
12 of the election law, paragraph (b) of subdivision 1 as added by chapter
13 373 of the laws of 1978 and subdivision 2 as amended by chapter 367 of
14 the laws of 2017, are amended to read as follows:
15 (b) In the event a run-off primary election is required in the city of
16 New York, it shall be held on the [second] fourth Tuesday next succeed-
17 ing the date on which the initial primary election was held.
18 2. Polls shall be open for voting during the following hours: a prima-
19 ry election from twelve o'clock noon until nine o'clock in the evening,
20 except in the city of New York and the counties of Nassau, Suffolk,
21 Westchester, Rockland, Orange, Putnam, Dutchess and Erie, and in such
22 city or county from six o'clock in the morning until nine o'clock in the
23 evening; the general election from six o'clock in the morning until nine
24 o'clock in the evening; a special election called by the governor pursu-
25 ant to the public officers law, and, except as otherwise provided by
26 law, every other election, from six o'clock in the morning until nine
27 o'clock in the evening. Early voting times shall be as provided in
28 section 8-600 of this article.
29 § 4. Subdivision 1 of section 8-102 of the election law is amended by
30 adding a new paragraph (k) to read as follows:
31 (k) Voting at each polling place for early voting shall be conducted
32 in a manner consistent with the provisions of this article, with the
33 exception of the tabulation and proclamation of election results which
34 shall be completed according to subdivisions eight and nine of section
35 8-600 of this article.
36 § 5. Section 8-104 of the election law is amended by adding a new
37 subdivision 7 to read as follows:
38 7. This section shall apply on all early voting days as provided for
39 in section 8-600 of this article.
40 § 6. Subparagraph (ii) of paragraph (e) of subdivision 3 and subdivi-
41 sion 3-a of section 8-302 of the election law, subparagraph (ii) of
42 paragraph (e) of subdivision 3 as amended by chapter 164 of the laws of
43 2010 and subdivision 3-a as amended by chapter 511 of the laws of 1985,
44 are amended to read as follows:
45 (ii) He or she may swear to and subscribe an affidavit stating that he
46 or she has duly registered to vote, the address in such election
47 district from which he or she registered, that he or she remains a duly
48 qualified voter in such election district, that his or her registration
49 poll record appears to be lost or misplaced or that his or her name
50 and/or his or her signature was omitted from the computer generated
51 registration list or such record indicates the voter already voted when
52 he or she did not do so or that he or she has moved within the county or
53 city since he or she last registered, the address from which he or she
54 was previously registered and the address at which he or she currently
55 resides, and at a primary election, the party in which he or she is
56 enrolled. The inspectors of election shall offer such an affidavit to
S. 1102 3 A. 780
1 each such voter whose residence address is in such election district.
2 Each such affidavit shall be in a form prescribed by the state board of
3 elections, shall be printed on an envelope of the size and quality used
4 for an absentee ballot envelope, and shall contain an acknowledgment
5 that the affiant understands that any false statement made therein is
6 perjury punishable according to law. Such form prescribed by the state
7 board of elections shall request information required to register such
8 voter should the county board determine that such voter is not regis-
9 tered and shall constitute an application to register to vote. The
10 voter's name and the entries required shall then be entered without
11 delay and without further inquiry in the fourth section of the challenge
12 report or in the place provided at the end of the computer generated
13 registration list, with the notation that the voter has executed the
14 affidavit hereinabove prescribed, or, if such person's name appears on
15 the computer generated registration list, the board of elections may
16 provide a place to make such entry next to his or her name on such list.
17 The voter shall then, without further inquiry, be permitted to vote an
18 affidavit ballot provided for by this chapter. Such ballot shall there-
19 upon be placed in the envelope containing his or her affidavit, and the
20 envelope sealed and returned to the board of elections in the manner
21 provided by this chapter for protested official ballots, including a
22 statement of the number of such ballots.
23 3-a. The inspectors shall also give to every person whose address is
24 in such election district for whom no registration poll record can be
25 found and, in a primary election, to every voter whose registration poll
26 record does not show him to be enrolled in the party in which he wishes
27 to be enrolled or who claims to be incorrectly identified as having
28 already voted, a copy of a notice, in a form prescribed by the state
29 board of elections, advising such person of his right to, and of the
30 procedures by which he may, cast an affidavit ballot or seek a court
31 order permitting him to vote, and shall also give every such person who
32 does not cast an affidavit ballot, an application for registration by
33 mail.
34 § 7. Paragraph (b) of subdivision 2 of section 8-508 of the election
35 law, as amended by chapter 200 of the laws of 1996, is amended to read
36 as follows:
37 (b) The second section of such report shall be reserved for the board
38 of inspectors to enter the name, address and registration serial number
39 of each person who is challenged [on the day of election] at the time of
40 voting together with the reason for the challenge. If no voters are
41 challenged, the board of inspectors shall enter the words "No Chal-
42 lenges" across the space reserved for such names. In lieu of preparing
43 section two of the challenge report, the board of elections may provide,
44 next to the name of each voter on the computer generated registration
45 list, a place for the inspectors of election to record the information
46 required to be entered in such section two, or provide at the end of
47 such computer generated registration list, a place for the inspectors of
48 election to enter such information.
49 § 8. Article 8 of the election law is amended by adding a new title 6
50 to read as follows:
51 TITLE VI
52 EARLY VOTING
53 Section 8-600. Early voting.
54 8-602. State board of elections; powers and duties for early
55 voting.
S. 1102 4 A. 780
1 § 8-600. Early voting. 1. Beginning the tenth day prior to any gener-
2 al, primary, run-off primary pursuant to subdivision one of section
3 6-162 of this chapter or special election for any public or party posi-
4 tion except for such an election held pursuant to title two of article
5 six or article fifteen of this chapter, and ending on and including the
6 second day prior to such general, primary, run-off primary or special
7 election for such public office or party position, persons duly regis-
8 tered and eligible to vote at such election shall be permitted to vote
9 as provided in this title. The board of elections shall establish
10 procedures, subject to approval of the state board of elections, to
11 ensure that persons who vote during the early voting period shall not be
12 permitted to vote subsequently in the same election.
13 2. (a) The board of elections shall designate polling places for early
14 voting, which may include the offices of the board of elections, for
15 persons to vote early pursuant to this title. There shall be so desig-
16 nated at least one early voting polling place for every full increment
17 of fifty thousand registered voters in each county; provided, however,
18 the number of early voting polling places in a county shall not be
19 required to be greater than seven, and a county with fewer than fifty
20 thousand voters shall have at least one early voting polling place.
21 (b) The board of elections of each county or the city of New York may
22 establish additional polling places for early voting in excess of the
23 minimum number required by this subdivision for the convenience of
24 eligible voters.
25 (c) Notwithstanding the minimum number of early voting poll sites
26 otherwise required by this subdivision, for any primary or special
27 election, upon majority vote of the board of elections, the number of
28 early voting sites may be reduced when the board of elections determines
29 a lesser number of sites is sufficient to meet the needs of early
30 voters.
31 (d) Polling places for early voting shall be located so that voters in
32 the county have adequate and equitable access, taking into consideration
33 population density, travel time to the polling place, proximity to other
34 early voting poll sites , public transportation routes, commuter traffic
35 patterns and such other factors the board of elections deems appropri-
36 ate. The provisions of section 4-104 of this chapter, except subdivi-
37 sions four and five of such section, shall apply to the designation of
38 polling places for early voting except to the extent such provisions are
39 inconsistent with this section.
40 3. Any voter may vote at any polling place for early voting estab-
41 lished pursuant to subdivision two of this section in the county where
42 such voter is registered to vote; provided, however, if it is impracti-
43 cal to provide each polling place for early voting all of the election
44 district ballots or if early voting at any such polling place makes
45 ensuring that no voter has not previously voted early during such
46 election, the board of elections may assign election districts to a
47 particular early voting poll site. All voters in each county shall have
48 one or more polling places at which they are eligible to vote throughout
49 the early voting period on a substantially equal basis. If the board of
50 elections does not agree by majority vote to plan to assign election
51 districts to early voting poll sites, all voters in the county must be
52 able to vote at any poll site for early voting in the county.
53 4. (a) Polls shall be open for early voting for at least eight hours
54 between seven o'clock in the morning and eight o'clock in the evening
55 each week day during the early voting period.
S. 1102 5 A. 780
1 (b) At least one polling place for early voting shall remain open
2 until eight o'clock in the evening on at least two week days in each
3 calendar week during the early voting period. If polling places for
4 early voting are limited to voters from certain areas pursuant to subdi-
5 vision three of this section, polling places that remain open until
6 eight o'clock shall be designated such that any person entitled to vote
7 early may vote until eight o'clock in the evening on at least two week
8 days during the early voting period.
9 (c) Polls shall be open for early voting for at least five hours
10 between nine o'clock in the morning and six o'clock in the evening on
11 each Saturday, Sunday and legal holiday during the early voting period.
12 (d) Nothing in this section shall be construed to prohibit any board
13 of elections from establishing a greater number of hours for voting
14 during the early voting period beyond the number of hours required in
15 this subdivision.
16 (e) Early voting polling places and their hours of operation for early
17 voting at a general election shall be designated by May first of each
18 year pursuant to subdivision one of section 4-104 of this chapter.
19 Notwithstanding the provisions of subdivision one of section 4-104 of
20 this chapter early voting polling places and their hours of operation
21 for early voting for: (i) a primary or special election shall be made
22 not later than forty-five days before such primary or special election;
23 and (ii) a run-off primary pursuant to subdivision one of section 6-162
24 of this chapter shall be made as soon as practicable.
25 5. Each board of elections shall create a communication plan to inform
26 eligible voters of the opportunity to vote early. Such plan may utilize
27 any and all media outlets, including social media, and shall publicize:
28 the location and dates and hours of operation of all polling places for
29 early voting; an indication of whether each polling place is accessible
30 to voters with physical disabilities; a clear and unambiguous notice to
31 voters that if they cast a ballot during the early voting period they
32 will not be allowed to vote election day; and if polling places for
33 early voting are limited to voters from certain areas pursuant to subdi-
34 vision three of this section, the location of the polling places for
35 early voting serving the voters of each particular city, town or other
36 political subdivision.
37 6. The form of paper ballots used in early voting shall comply with
38 the provisions of article seven of this chapter that are applicable to
39 voting by paper ballot on election day and such ballot shall be cast in
40 the same manner as provided for in section 8-312 of this article,
41 provided, however, that ballots cast during the early voting period
42 shall be secured in the manner of voted ballots cast on election day and
43 such ballots shall not be canvassed or examined until after the close of
44 the polls on election day, and no unofficial tabulations of election
45 results shall be printed or viewed in any manner until after the close
46 of polls on election day.
47 7. Voters casting ballots pursuant to this title shall be subject to
48 challenge as provided in sections 8-500, 8-502 and 8-504 of this arti-
49 cle.
50 8. Notwithstanding any other provisions of this chapter, at the end of
51 each day of early voting, any early voting ballots that have not been
52 scanned because a ballot scanner was not available or because the ballot
53 has been abandoned by the voter at the ballot scanner shall be cast in a
54 manner consistent with section 9-110 of this chapter, except that such
55 ballots which cannot then be cast on a ballot scanner shall be held
56 inviolate and unexamined and shall be duly secured until after the close
S. 1102 6 A. 780
1 of polls on election day when such ballots shall be examined and
2 canvassed in a manner consistent with subdivision two of section 9-110
3 of this chapter.
4 9. The board of elections shall secure all ballots and scanners used
5 for early voting from the beginning of the early voting period through
6 the close of the polls on election day; provided, however, the state
7 board of elections may by regulation duly adopted by a majority of such
8 board establish a procedure whereby ballot scanners used for early
9 voting may also be used on election day if the portable memory devices
10 used during early voting containing the early voting election informa-
11 tion and vote tabulations are properly secured apart from the scanners,
12 and the results therefrom shall be duly canvassed after the close of
13 polls on election day.
14 10. After the close of polls on election day, inspectors or board of
15 elections employees appointed to canvass ballots cast during early
16 voting shall follow all relevant provisions of article nine of this
17 chapter that are not inconsistent with this section, for canvassing,
18 processing, recording, and announcing results of voting at polling plac-
19 es for early voting, and securing ballots, scanners, and other election
20 materials. Such canvass may occur at the offices of the board of
21 elections, at the early voting polling place or such other location
22 designated by the board of elections.
23 11. Notwithstanding the requirements of this title requiring the
24 canvass of ballots cast during early voting after the close of polls on
25 election day, such canvass may begin one hour before the scheduled close
26 of polls on election day provided the board of elections adopts proce-
27 dures to prevent the public release of election results prior to the
28 close of polls on election day and such procedures shall be consistent
29 with the regulations of the state board of elections and shall be filed
30 with the state board of elections at least thirty days before they shall
31 be effective.
32 § 8-602. State board of elections; powers and duties for early voting.
33 The state board of elections shall promulgate rules or regulations
34 necessary for the implementation of the provisions of this title. Such
35 rules and regulations shall include, but not be limited to, provisions
36 to (i) ensure that ballots cast early, by any method allowed under law,
37 are counted and canvassed as if cast on election day, (ii) ensure an
38 efficient and fair early voting process that respects the privacy of the
39 voter, and (iii) require that the voting history record for each voter
40 be continually updated to reflect each instance of early voting by such
41 voter.
42 § 9. The opening paragraph of section 9-209 of the election law, as
43 amended by chapter 163 of the laws of 2010, is amended to read as
44 follows:
45 Before completing the canvass of votes cast in any primary, general,
46 special, or other election at which voters are required to sign their
47 registration poll records before voting, the board of elections shall
48 proceed in the manner hereinafter prescribed to cast and canvass any
49 absentee, military, special presidential, special federal or other
50 special ballots and any ballots voted by voters who moved within the
51 county or city after registering, voters who are in inactive status,
52 voters whose registration was incorrectly transferred to another address
53 even though they did not move, voters whose registration poll records
54 were missing on the day of such election, voters who have not had their
55 identity previously verified and voters whose registration poll records
56 did not show them to be enrolled in the party in which they claimed to
S. 1102 7 A. 780
1 be enrolled and voters incorrectly identified as having already voted.
2 Each such ballot shall be retained in the original envelope containing
3 the voter's affidavit and signature, in which it is delivered to the
4 board of elections until such time as it is to be cast and canvassed.
5 § 10. This act shall take effect immediately; provided, however that
6 early voting pursuant to the provisions of this act shall first apply to
7 the general election held in November 2019, and to any general, primary,
8 run-off primary or special election held thereafter as provided for in
9 the election law.
