Bill Text: NY S02950 | 2017-2018 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Introduced - Dead) 2018-01-08 - RECOMMIT, ENACTING CLAUSE STRICKEN [S02950 Detail]

Download: New_York-2017-S02950-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2950
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 18, 2017
                                       ___________
        Introduced  by  Sens.  STEWART-COUSINS,  ADDABBO, BROOKS, COMRIE, DILAN,
          GIANARIS,  HAMILTON,  HOYLMAN,  KRUEGER,  PARKER,  PERALTA,   PERKINS,
          SANDERS,  SERRANO, SQUADRON, STAVISKY -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Elections
        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
    17  and  primary  election.  The  board  of elections may satisfy the notice
    18  requirement of this subdivision by providing in the notice  instructions
    19  to  obtain  the  required early voting information from a website of the
    20  board of elections and providing a phone number to call for such  infor-
    21  mation.
    22    § 3. Subdivision 2 of section 8-100 of the election law, as amended by
    23  chapter 335 of the laws of 2000, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02758-01-7

        S. 2950                             2
     1    2. Polls shall be open for voting during the following hours: a prima-
     2  ry  election from twelve o'clock noon until nine o'clock in the evening,
     3  except in the city of New York and  the  counties  of  Nassau,  Suffolk,
     4  Westchester,  Rockland,  Orange,  Putnam  and  Erie, and in such city or
     5  county from [six] seven o'clock in the morning until nine o'clock in the
     6  evening; the general election from six o'clock in the morning until nine
     7  o'clock in the evening; a special election called by the governor pursu-
     8  ant  to  the  public  officers law, and, except as otherwise provided by
     9  law, every other election, from [six] seven o'clock in the morning until
    10  nine o'clock in the evening; early voting hours shall be as provided  in
    11  section 8-600 of this article.
    12    §  4. Subdivision 1 of section 8-102 of the election law is amended by
    13  adding a new paragraph (k) to read as follows:
    14    (k) Voting at each polling place for early voting shall  be  conducted
    15  in  a  manner  consistent  with the provisions of this article, with the
    16  exception of the tabulation and proclamation of election  results  which
    17  shall  be  completed according to subdivisions eight and nine of section
    18  8-600 of this article.
    19    § 5. Section 8-104 of the election law is  amended  by  adding  a  new
    20  subdivision 7 to read as follows:
    21    7.  This  section shall apply on all early voting days as provided for
    22  in section 8-600 of this article.
    23    § 6. Paragraph (b) of subdivision 2 of section 8-508 of  the  election
    24  law,  as  amended by chapter 200 of the laws of 1996, is amended to read
    25  as follows:
    26    (b) The second section of such report shall be reserved for the  board
    27  of  inspectors to enter the name, address and registration serial number
    28  of each person who is challenged on the day of election or on any day in
    29  which there is early voting pursuant to section 8-600 of  this  article,
    30  together  with  the  reason  for the challenge.   If no voters are chal-
    31  lenged, the board of inspectors shall enter the  words  "No  Challenges"
    32  across  the  space reserved for such names. In lieu of preparing section
    33  two of the challenge report, the board of elections may provide, next to
    34  the name of each voter on the computer generated  registration  list,  a
    35  place  for the inspectors of election to record the information required
    36  to be entered in such section two, or provide at the end of such comput-
    37  er generated registration list, a place for the inspectors  of  election
    38  to enter such information.
    39    §  7. Article 8 of the election law is amended by adding a new title 6
    40  to read as follows:
    41                                  TITLE VI
    42                                EARLY VOTING
    43  Section 8-600. Early voting.
    44          8-602. State board of elections; powers  and  duties  for  early
    45                   voting.
    46    § 8-600. Early voting. 1. Beginning the eighth day prior to any gener-
    47  al,  primary  or  special  election  for any public or party office, and
    48  ending on and including the second day prior to such general, primary or
    49  special election for such public or party office,  persons  duly  regis-
    50  tered  and  eligible to vote at such election shall be permitted to vote
    51  as provided in this title.  The board of elections of  each  county  and
    52  the  city of New York shall establish procedures, subject to approval of
    53  the state board of elections, to ensure that persons who vote during the
    54  early voting period shall not be permitted to vote subsequently  in  the
    55  same election.

        S. 2950                             3
     1    2.  (a)  The board of elections of each county or the city of New York
     2  shall designate polling places for early voting in  each  county,  which
     3  may  include  the offices of the board of elections, for persons to vote
     4  early pursuant to this section. There shall be so  designated  at  least
     5  one  early  voting polling place for every full increment of fifty thou-
     6  sand registered voters in each county; provided, however, the number  of
     7  early  voting  polling  places  in  a county shall not be required to be
     8  greater than seven, and a county with fewer than fifty  thousand  voters
     9  shall have at least one early voting polling place.
    10    (b)  The board of elections of each county or the city of New York may
    11  establish additional polling places for early voting in  excess  of  the
    12  minimum  number  required  by  this  subdivision  for the convenience of
    13  eligible voters wishing to vote during the early voting period.
    14    (c) Notwithstanding the minimum number  of  early  voting  poll  sites
    15  otherwise  required  by  this  subdivision,  for  any primary or special
    16  election, upon majority vote of the board of elections,  the  number  of
    17  early  voting  sites may be reduced if the board of elections reasonably
    18  determines a lesser number of sites is sufficient to meet the  needs  of
    19  early voters.
    20    (d) Polling places for early voting shall be located to ensure, to the
    21  extent practicable, that eligible voters have adequate equitable access,
    22  taking into consideration population density, travel time to the polling
    23  place,  proximity  to  other  locations  or commonly used transportation
    24  routes and such other factors the board of elections of  the  county  or
    25  the  city of New York deems appropriate. The provisions of section 4-104
    26  of this chapter, except subdivisions four  and  five  of  such  section,
    27  shall apply to the designation of polling places for early voting except
    28  to the extent such provisions are inconsistent with this section.
    29    3.  Any  person permitted to vote early may do so at any polling place
    30  for early voting established pursuant to subdivision two of this section
    31  in the county where such voter is registered to vote. Provided, however,
    32  (a) if it is impractical to provide each polling place for early  voting
    33  all  appropriate ballots for each election to be voted on in the county,
    34  or (b) if permitting such persons to vote early  at  any  polling  place
    35  established  for  early  voting would make it impractical to ensure that
    36  such voter has not previously voted  early  during  such  election,  the
    37  board  of  elections  may  designate each polling place for early voting
    38  only for those voters registered to vote in a portion of the  county  to
    39  be  served  by  such  polling  place for early voting, provided that all
    40  voters in each county shall have one or more  polling  places  at  which
    41  they  are  eligible  to  vote  throughout  the  early voting period on a
    42  substantially equal basis.
    43    4. (a) Polls shall be open for early voting for at least  eight  hours
    44  between  seven  o'clock  in the morning and eight o'clock in the evening
    45  each week day during the early voting period.
    46    (b) At least one polling place for  early  voting  shall  remain  open
    47  until  eight  o'clock  in  the evening on at least two week days in each
    48  calendar week during the early voting period.   If  polling  places  for
    49  early voting are limited to voters from certain areas pursuant to subdi-
    50  vision  three  of  this  section,  polling places that remain open until
    51  eight o'clock shall be designated such that any person entitled to  vote
    52  early  may  vote until eight o'clock in the evening on at least two week
    53  days during the early voting period.
    54    (c) Polls shall be open for early  voting  for  at  least  five  hours
    55  between  nine  o'clock  in the morning and six o'clock in the evening on
    56  each Saturday, Sunday and legal holiday during the early voting period.

        S. 2950                             4
     1    (d) Nothing in this section shall be construed to prohibit  any  board
     2  of  elections  from  establishing  a  greater number of hours for voting
     3  during the early voting period beyond the number of  hours  required  in
     4  this subdivision.
     5    (e) Early voting polling places and their hours of operation for early
     6  voting  at  a  general election shall be designated by May first of each
     7  year pursuant to subdivision one  of  section  4-104  of  this  chapter.
     8  Notwithstanding  the  provisions  of subdivision one of section 4-104 of
     9  this chapter requiring poll site designation by May first, early  voting
    10  polling  places  and  their  hours  of  operation for early voting for a
    11  primary or special election shall be made not later than forty-five days
    12  before such primary or special election.
    13    5. Each board of elections shall create a communication plan to inform
    14  eligible voters of the opportunity to vote early.  Such plan may utilize
    15  any and all media outlets, including social media, and shall  publicize:
    16  the  location and dates and hours of operation of all polling places for
    17  early voting; an indication of whether each polling place is  accessible
    18  to  voters with physical disabilities; a clear and unambiguous notice to
    19  voters that if they cast a ballot during the early  voting  period  they
    20  will  not  be  allowed  to  vote election day; and if polling places for
    21  early voting are limited to voters from certain areas pursuant to subdi-
    22  vision three of this section, the location of  the  polling  places  for
    23  early  voting  serving the voters of each particular city, town or other
    24  political subdivision.
    25    6. The form of paper ballots used in early voting  shall  comply  with
    26  the  provisions  of article seven of this chapter that are applicable to
    27  voting by paper ballot on election day and such ballot shall be cast  in
    28  the  same  manner  as  provided  for  in  section 8-312 of this article,
    29  provided, however, that ballots cast  during  the  early  voting  period
    30  shall be secured in the manner of voted ballots cast on election day and
    31  such ballots shall not be canvassed or examined until after the close of
    32  the  polls  on  election  day, and no unofficial tabulations of election
    33  results shall be printed or viewed in any manner until after  the  close
    34  of polls on election day.
    35    7.  Voters  casting ballots pursuant to this title shall be subject to
    36  challenge as provided in sections 8-500, 8-502 and 8-504 of  this  arti-
    37  cle.
    38    8. Notwithstanding any other provisions of this chapter, at the end of
    39  each  day  of  early voting, any early voting ballots that have not been
    40  scanned because a ballot scanner was not available or because the ballot
    41  has been abandoned by the voter at the ballot scanner shall be cast in a
    42  manner consistent with section 9-110 of this chapter, except  that  such
    43  ballots  which  cannot  then  be  cast on a ballot scanner shall be held
    44  inviolate and unexamined and shall be duly secured until after the close
    45  of polls on election  day  when  such  ballots  shall  be  examined  and
    46  canvassed  in  a manner consistent with subdivision two of section 9-110
    47  of this chapter.
    48    9. The board of elections shall secure all ballots and  scanners  used
    49  for  early  voting from the beginning of the early voting period through
    50  the close of the polls on election day;  provided,  however,  the  state
    51  board  of elections may by regulation duly adopted by a majority of such
    52  board establish a procedure  whereby  ballot  scanners  used  for  early
    53  voting  may  also be used on election day if the portable memory devices
    54  used during early voting containing the early voting  election  informa-
    55  tion  and vote tabulations are properly secured apart from the scanners,

        S. 2950                             5
     1  and the results therefrom shall be duly canvassed  after  the  close  of
     2  polls on election day.
     3    10.  After  the close of polls on election day, inspectors or board of
     4  elections employees appointed  to  canvass  ballots  cast  during  early
     5  voting  shall  follow  all  relevant  provisions of article nine of this
     6  chapter that are not inconsistent with  this  section,  for  canvassing,
     7  processing, recording, and announcing results of voting at polling plac-
     8  es  for early voting, and securing ballots, scanners, and other election
     9  materials. Such canvass may  occur  at  the  offices  of  the  board  of
    10  elections,  at  the  early  voting  polling place or such other location
    11  designated by the board of elections.
    12    11. Notwithstanding the  requirements  of  this  title  requiring  the
    13  canvass  of ballots cast during early voting after the close of polls on
    14  election day, such canvass may begin one hour before the scheduled close
    15  of polls on election day provided the board of elections  adopts  proce-
    16  dures  to  prevent  the  public release of election results prior to the
    17  close of polls on election day and such procedures shall  be  consistent
    18  with  the regulations of the state board of elections and shall be filed
    19  with the state board of elections at least thirty days before they shall
    20  be effective.
    21    § 8-602. State board of elections; powers and duties for early voting.
    22  Any  rule  or  regulation  necessary  for  the  implementation  of   the
    23  provisions  of  this  title  shall  be promulgated by the state board of
    24  elections  provided  that  such  rules  and  regulations  shall  include
    25  provisions  to  ensure  that  ballots  cast early, by any method allowed
    26  under law, are counted and canvassed as if cast  on  election  day.  The
    27  state  board  of  elections  shall  promulgate any other rules and regu-
    28  lations necessary to ensure an efficient and fair early  voting  process
    29  that  respects  the  privacy  of the voter. Provided, further, that such
    30  rules and regulations shall require that the voting history  record  for
    31  each  voter  be  continually  updated  to reflect each instance of early
    32  voting by such voter.
    33    § 8. This act shall take effect on the first of January next  succeed-
    34  ing  the date on which it shall have become a law and shall apply to any
    35  election held 120 days or more after it shall have taken effect.
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