S03813 Summary:

BILL NOS03813C
 
SAME ASSAME AS A08582-B
 
SPONSORSTEWART-COUSINS
 
COSPNSRADDABBO, AVELLA, COMRIE, DILAN, ESPAILLAT, GIANARIS, HAMILTON, HOYLMAN, KRUEGER, MONTGOMERY, PARKER, PERALTA, PERKINS, RIVERA, SANDERS, SERRANO, SQUADRON, STAVISKY
 
MLTSPNSR
 
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.
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S03813 Actions:

BILL NOS03813C
 
02/18/2015REFERRED TO ELECTIONS
12/16/2015AMEND (T) AND RECOMMIT TO ELECTIONS
12/16/2015PRINT NUMBER 3813A
01/06/2016REFERRED TO ELECTIONS
01/22/2016AMEND AND RECOMMIT TO ELECTIONS
01/22/2016PRINT NUMBER 3813B
03/07/2016NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
05/09/2016REPORTED AND COMMITTED TO LOCAL GOVERNMENT
05/18/2016AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
05/18/2016PRINT NUMBER 3813C
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S03813 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3813--C
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 18, 2015
                                       ___________
 
        Introduced  by  Sens.  STEWART-COUSINS,  ADDABBO, AVELLA, COMRIE, DILAN,
          ESPAILLAT, GIANARIS,  HAMILTON,  HOYLMAN,  KRUEGER,  PARKER,  PERALTA,
          PERKINS,  SANDERS,  SERRANO,  SQUADRON,  STAVISKY  --  read  twice and
          ordered printed, and when printed to be committed to the Committee  on
          Elections  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee  on  Elections  in  accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported favorably from said commit-
          tee and committed to the Committee on Local  Government  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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  the
    11  resources they require to ensure wait times at early voting sites do not
    12  exceed thirty minutes.
    13    §  2.  Section  4-117  of  the election law is amended by adding a new
    14  subdivision 1-a to read as follows:
    15    1-a. The notice required by subdivision  one  of  this  section  shall
    16  include  the  dates, hours and locations of early voting for the general
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02563-04-6

        S. 3813--C                          2
 
     1  and primary election. The board of  elections  may  satisfy  the  notice
     2  requirement  of this subdivision by providing in the notice instructions
     3  to obtain the required early voting information from a  website  of  the
     4  board  of elections and providing a phone number to call for such infor-
     5  mation.
     6    § 3. Subdivision 2 of section 8-100 of the election law, as amended by
     7  chapter 335 of the laws of 2000, is amended to read as follows:
     8    2. Polls shall be open for voting during the following hours: a prima-
     9  ry election from twelve o'clock noon until nine o'clock in the  evening,
    10  except  in  the  city  of  New York and the counties of Nassau, Suffolk,
    11  Westchester, Rockland, Orange, Putnam and Erie,  and  in  such  city  or
    12  county from [six] seven o'clock in the morning until nine o'clock in the
    13  evening; the general election from six o'clock in the morning until nine
    14  o'clock in the evening; a special election called by the governor pursu-
    15  ant  to  the  public  officers law, and, except as otherwise provided by
    16  law, every other election, from [six] seven o'clock in the morning until
    17  nine o'clock in the evening; early voting hours shall be as provided  in
    18  section 8-600 of this article.
    19    §  4. Subdivision 1 of section 8-102 of the election law is amended by
    20  adding a new paragraph (k) to read as follows:
    21    (k) Voting at each polling place for early voting shall  be  conducted
    22  in  a  manner  consistent  with the provisions of this article, with the
    23  exception of the tabulation and proclamation of election  results  which
    24  shall  be  completed according to subdivisions eight and nine of section
    25  8-600 of this article.
    26    § 5. Section 8-104 of the election law is  amended  by  adding  a  new
    27  subdivision 7 to read as follows:
    28    7.  This  section shall apply on all early voting days as provided for
    29  in section 8-600 of this article.
    30    § 6. Paragraph (b) of subdivision 2 of section 8-508 of  the  election
    31  law,  as  amended by chapter 200 of the laws of 1996, is amended to read
    32  as follows:
    33    (b) The second section of such report shall be reserved for the  board
    34  of  inspectors to enter the name, address and registration serial number
    35  of each person who is challenged on the day of election or on any day in
    36  which there is early voting pursuant to section 8-600 of  this  article,
    37  together  with  the  reason  for the challenge.   If no voters are chal-
    38  lenged, the board of inspectors shall enter the  words  "No  Challenges"
    39  across  the  space reserved for such names. In lieu of preparing section
    40  two of the challenge report, the board of elections may provide, next to
    41  the name of each voter on the computer generated  registration  list,  a
    42  place  for the inspectors of election to record the information required
    43  to be entered in such section two, or provide at the end of such comput-
    44  er generated registration list, a place for the inspectors  of  election
    45  to enter such information.
    46    §  7. Article 8 of the election law is amended by adding a new title 6
    47  to read as follows:
    48                                  TITLE VI
    49                                EARLY VOTING
    50  Section 8-600. Early voting.
    51          8-602. State board of elections; powers  and  duties  for  early
    52                   voting.
    53    § 8-600. Early voting. 1. Beginning the eighth day prior to any gener-
    54  al,  primary  or  special  election  for any public or party office, and
    55  ending on and including the second day prior to such general, primary or
    56  special election for such public or party office,  persons  duly  regis-

        S. 3813--C                          3
 
     1  tered  and  eligible to vote at such election shall be permitted to vote
     2  as provided in this title.  The board of elections of  each  county  and
     3  the  city of New York shall establish procedures, subject to approval of
     4  the state board of elections, to ensure that persons who vote during the
     5  early  voting  period shall not be permitted to vote subsequently in the
     6  same election.
     7    2. (a) The board of elections of each county or the city of  New  York
     8  shall  designate  polling  places for early voting in each county, which
     9  may include the offices of the board of elections, for persons  to  vote
    10  early  pursuant  to  this section. There shall be so designated at least
    11  one early voting polling place for every full increment of  fifty  thou-
    12  sand  registered voters in each county; provided, however, the number of
    13  early voting polling places in a county shall  not  be  required  to  be
    14  greater  than  seven, and a county with fewer than fifty thousand voters
    15  shall have at least one early voting polling place.
    16    (b) The board of elections of each county or the city of New York  may
    17  establish  additional  polling  places for early voting in excess of the
    18  minimum number required by  this  subdivision  for  the  convenience  of
    19  eligible voters wishing to vote during the early voting period.
    20    (c)  Notwithstanding  the  minimum  number  of early voting poll sites
    21  otherwise required by this  subdivision,  for  any  primary  or  special
    22  election,  upon  majority  vote of the board of elections, the number of
    23  early voting sites may be reduced if the board of  elections  reasonably
    24  determines  a  lesser number of sites is sufficient to meet the needs of
    25  early voters.
    26    (d) Polling places for early voting shall be located to ensure, to the
    27  extent practicable, that eligible voters have adequate equitable access,
    28  taking into consideration population density, travel time to the polling
    29  place, proximity to other  locations  or  commonly  used  transportation
    30  routes  and  such  other factors the board of elections of the county or
    31  the city of New York deems appropriate. The provisions of section  4-104
    32  of  this  chapter,  except  subdivisions  four and five of such section,
    33  shall apply to the designation of polling places for early voting except
    34  to the extent such provisions are inconsistent with this section.
    35    3. Any person permitted to vote early may do so at any  polling  place
    36  for early voting established pursuant to subdivision two of this section
    37  in the county where such voter is registered to vote. Provided, however,
    38  (a)  if it is impractical to provide each polling place for early voting
    39  all appropriate ballots for each election to be voted on in the  county,
    40  or  (b)  if  permitting  such persons to vote early at any polling place
    41  established for early voting would make it impractical  to  ensure  that
    42  such  voter  has  not  previously  voted early during such election, the
    43  board of elections may designate each polling  place  for  early  voting
    44  only  for  those voters registered to vote in a portion of the county to
    45  be served by such polling place for  early  voting,  provided  that  all
    46  voters  in  each  county  shall have one or more polling places at which
    47  they are eligible to vote  throughout  the  early  voting  period  on  a
    48  substantially equal basis.
    49    4.  (a)  Polls shall be open for early voting for at least eight hours
    50  between seven o'clock in the morning and eight o'clock  in  the  evening
    51  each week day during the early voting period.
    52    (b)  At  least  one  polling  place for early voting shall remain open
    53  until eight o'clock in the evening on at least two  week  days  in  each
    54  calendar  week  during  the early voting period.   If polling places for
    55  early voting are limited to voters from certain areas pursuant to subdi-
    56  vision three of this section, polling  places  that  remain  open  until

        S. 3813--C                          4
 
     1  eight  o'clock shall be designated such that any person entitled to vote
     2  early may vote until eight o'clock in the evening on at least  two  week
     3  days during the early voting period.
     4    (c)  Polls  shall  be  open  for  early voting for at least five hours
     5  between nine o'clock in the morning and six o'clock in  the  evening  on
     6  each Saturday, Sunday and legal holiday during the early voting period.
     7    (d)  Nothing  in this section shall be construed to prohibit any board
     8  of elections from establishing a greater  number  of  hours  for  voting
     9  during  the  early  voting period beyond the number of hours required in
    10  this subdivision.
    11    (e) Early voting polling places and their hours of operation for early
    12  voting at a general election shall be designated by May  first  of  each
    13  year  pursuant  to  subdivision  one  of  section 4-104 of this chapter.
    14  Notwithstanding the provisions of subdivision one of  section  4-104  of
    15  this  chapter requiring poll site designation by May first, early voting
    16  polling places and their hours of  operation  for  early  voting  for  a
    17  primary or special election shall be made not later than forty-five days
    18  before such primary or special election.
    19    5. Each board of elections shall create a communication plan to inform
    20  eligible voters of the opportunity to vote early.  Such plan may utilize
    21  any  and all media outlets, including social media, and shall publicize:
    22  the location and dates and hours of operation of all polling places  for
    23  early  voting; an indication of whether each polling place is accessible
    24  to voters with physical disabilities; a clear and unambiguous notice  to
    25  voters  that  if  they cast a ballot during the early voting period they
    26  will not be allowed to vote election day;  and  if  polling  places  for
    27  early voting are limited to voters from certain areas pursuant to subdi-
    28  vision  three  of  this  section, the location of the polling places for
    29  early voting serving the voters of each particular city, town  or  other
    30  political subdivision.
    31    6.  The  form  of paper ballots used in early voting shall comply with
    32  the provisions of article seven of this chapter that are  applicable  to
    33  voting  by paper ballot on election day and such ballot shall be cast in
    34  the same manner as provided  for  in  section  8-312  of  this  article,
    35  provided,  however,  that  ballots  cast  during the early voting period
    36  shall be secured in the manner of voted ballots cast on election day and
    37  such ballots shall not be canvassed or examined until after the close of
    38  the polls on election day, and no  unofficial  tabulations  of  election
    39  results  shall  be printed or viewed in any manner until after the close
    40  of polls on election day.
    41    7. Voters casting ballots pursuant to this title shall be  subject  to
    42  challenge  as  provided in sections 8-500, 8-502 and 8-504 of this arti-
    43  cle.
    44    8. Notwithstanding any other provisions of this chapter, at the end of
    45  each day of early voting, any early voting ballots that  have  not  been
    46  scanned because a ballot scanner was not available or because the ballot
    47  has been abandoned by the voter at the ballot scanner shall be cast in a
    48  manner  consistent  with section 9-110 of this chapter, except that such
    49  ballots which cannot then be cast on a  ballot  scanner  shall  be  held
    50  inviolate and unexamined and shall be duly secured until after the close
    51  of  polls  on  election  day  when  such  ballots  shall be examined and
    52  canvassed in a manner consistent with subdivision two of  section  9-110
    53  of this chapter.
    54    9.  The  board of elections shall secure all ballots and scanners used
    55  for early voting from the beginning of the early voting  period  through
    56  the  close  of  the  polls on election day; provided, however, the state

        S. 3813--C                          5
 
     1  board of elections may by regulation duly adopted by a majority of  such
     2  board  establish  a  procedure  whereby  ballot  scanners used for early
     3  voting may also be used on election day if the portable  memory  devices
     4  used  during  early voting containing the early voting election informa-
     5  tion and vote tabulations are properly secured apart from the  scanners,
     6  and  the  results  therefrom  shall be duly canvassed after the close of
     7  polls on election day.
     8    10. After the close of polls on election day, inspectors or  board  of
     9  elections  employees  appointed  to  canvass  ballots  cast during early
    10  voting shall follow all relevant provisions  of  article  nine  of  this
    11  chapter  that  are  not  inconsistent with this section, for canvassing,
    12  processing, recording, and announcing results of voting at polling plac-
    13  es for early voting, and securing ballots, scanners, and other  election
    14  materials.  Such  canvass  may  occur  at  the  offices  of the board of
    15  elections, at the early voting polling  place  or  such  other  location
    16  designated by the board of elections.
    17    11.  Notwithstanding  the  requirements  of  this  title requiring the
    18  canvass of ballots cast during early voting after the close of polls  on
    19  election day, such canvass may begin one hour before the scheduled close
    20  of  polls  on election day provided the board of elections adopts proce-
    21  dures to prevent the public release of election  results  prior  to  the
    22  close  of  polls on election day and such procedures shall be consistent
    23  with the regulations of the state board of elections and shall be  filed
    24  with the state board of elections at least thirty days before they shall
    25  be effective.
    26    § 8-602. State board of elections; powers and duties for early voting.
    27  Any   rule  or  regulation  necessary  for  the  implementation  of  the
    28  provisions of this title shall be promulgated  by  the  state  board  of
    29  elections  provided  that  such  rules  and  regulations  shall  include
    30  provisions to ensure that ballots cast  early,  by  any  method  allowed
    31  under  law,  are  counted  and canvassed as if cast on election day. The
    32  state board of elections shall promulgate  any  other  rules  and  regu-
    33  lations  necessary  to ensure an efficient and fair early voting process
    34  that respects the privacy of the voter.  Provided,  further,  that  such
    35  rules  and  regulations shall require that the voting history record for
    36  each voter be continually updated to  reflect  each  instance  of  early
    37  voting by such voter.
    38    §  8. This act shall take effect on the first of January next succeed-
    39  ing the date on which it shall have become a law and shall apply to  any
    40  election held 120 days or more after it shall have taken effect.
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