S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1954

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
  Committee on Election Law

AN ACT to amend the election law, in relation  to  providing  for  early
  voting

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 8 of the election law is amended by  adding  a  new
title 6 to read as follows:
                                TITLE VI
                              EARLY VOTING
SECTION 8-600. EARLY VOTING PROCEDURES.
        8-602. APPLICATION FOR EARLY VOTING.
        8-604. STATE BOARD OF ELECTIONS; POWERS AND DUTIES OF.
  S  8-600.  EARLY  VOTING PROCEDURES. 1. NO SOONER THAN TWENTY BUSINESS
DAYS AND NO LATER THAN FIVE BUSINESS DAYS PRIOR  TO  THE  FIRST  TUESDAY
FOLLOWING  THE FIRST MONDAY IN NOVEMBER OF EACH ELECTION YEAR, AS DESIG-
NATED ELECTION DAY, A PERSON MAY, UPON COMPLETION OF  A  FORMAL  WRITTEN
APPLICATION,  VOTE  FOR  A  CANDIDATE  FOR  PUBLIC  OFFICE  IN A GENERAL
ELECTION, AND SUCH EARLY  VOTING  PRACTICE  SHALL  TAKE  PLACE  AT  SUCH
PERSON'S COUNTY BOARD OF ELECTIONS, OR AN ALTERNATIVE LOCATION AS OTHER-
WISE DESIGNATED BY THE STATE BOARD OF ELECTIONS, OR AS DESIGNATED BY AND
THROUGH A COUNTY BOARD OF ELECTIONS UNDER THE POWERS GRANTED PURSUANT TO
THIS  SECTION  ON  OR  BEFORE  THE  EFFECTIVE  DATE OF THIS SECTION. FOR
PURPOSES OF A PRIMARY ELECTION, SUCH EARLY VOTING SHALL  TAKE  PLACE  NO
SOONER  THAN  TWENTY  BUSINESS DAYS AND NO LATER THAN FIVE BUSINESS DAYS
PRIOR TO SUCH ELECTION DAY.  FOR PURPOSES OF A  SPECIAL  ELECTION,  SUCH
EARLY  VOTING SHALL TAKE PLACE NO SOONER THAN EIGHT BUSINESS DAYS AND NO
LATER THAN TWO BUSINESS DAYS PRIOR TO SUCH ELECTION DAY.
  2. EACH COUNTY BOARD OF ELECTIONS SHALL PUBLISH NOTICE  OF  THE  DATE,
TIME,  AND MANNER OF SUCH EARLY VOTING PRACTICE FOR GENERAL, PRIMARY AND
SPECIAL ELECTIONS BY A NEWSPAPER  OF  GENERAL  CIRCULATION  THIRTY  DAYS
PRIOR  TO COMMENCEMENT OF THE FIRST DAY OF SUCH EARLY VOTING FOR GENERAL
OR SPECIAL ELECTIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD02935-01-9

A. 1954                             2

  3. SUCH VOTING PROCEDURE SHALL BE MONITORED AND  ADMINISTERED  BY  TWO
DULY  DESIGNATED  PERSONS, ONE FROM EACH MAJOR POLITICAL PARTY, AND SUCH
VOTING SHALL FOLLOW AND CONFORM TO ALL OTHER  PROCEDURES,  MEASURES  AND
REQUIREMENTS  OF CASTING A VOTE BY A VOTING MACHINE AS PRESCRIBED PURSU-
ANT TO THIS CHAPTER. ALL VOTES CAST WITHIN THE EARLY VOTING PERIOD SHALL
BE COUNTED ON ELECTION DAY WITH ALL OTHER VOTES CAST FOR SUCH CANDIDATES
AND IN THE SAME MANNER AS PRESCRIBED IN ARTICLE NINE OF THIS CHAPTER.
  S  8-602.  APPLICATION  FOR  EARLY  VOTING.    1.  THE COUNTY BOARD OF
ELECTIONS SHALL FURNISH ONE APPLICATION FOR EARLY VOTING  TO  ANY  VOTER
WHO   PERSONALLY  APPEARS  AND  WISHES  TO  EXERCISE  THIS  RIGHT.  UPON
COMPLETION OF SUCH APPLICATION, TWO DULY  DESIGNATED  EMPLOYEES  OF  THE
COUNTY  BOARD  OF ELECTIONS, ONE FROM EACH MAJOR POLITICAL PARTY REPRES-
ENTED, SHALL COMPARE THE INFORMATION OF THE VOTER WITH THE SIGNATURE  ON
THE  VOTER'S  PERMANENT  REGISTRATION RECORD, OR OTHER EVIDENCE OF IDEN-
TIFICATION IF COMPUTERIZED DUPLICATE  REGISTRATION RECORDS ARE USED, AND
SHALL ENDORSE ON THE APPLICATION THAT SUCH REVIEW  HAS  BEEN  COMPLETED.
THE  RESULTS  OR  TABULATION OF VOTES CAST DURING AN EARLY VOTING PERIOD
SHALL NOT BE MADE BEFORE THE CLOSE OF ALL POLLING PLACES ON ELECTION DAY
AND RESULTS SHALL BE REPORTED BY PRECINCT.  BALLOTS USED IN EARLY VOTING
SHALL BE, AS NEARLY AS PRACTICABLE, THE  SAME  FORM  AS  THOSE  USED  ON
ELECTION DAY.
  2.  THE  APPLICATION  FOR  EARLY  VOTING SHALL REQUIRE AND INCLUDE THE
FOLLOWING IDENTIFYING INFORMATION:
  (A) THE DATE OF THE ELECTION,
  (B) NAME OF THE COUNTY, OR NAME OF A  CITY  IF  THERE  BE  A  SEPARATE
BALLOT FOR CITY VOTERS,
  (C) THE NAME OF THE VOTER,
  (D) RESIDENCE OF VOTER,
  (E) NUMBER OF THE ASSEMBLY DISTRICT, IF ANY,
  (F) NAME OF TOWN, NUMBER OF WARD, IF ANY, AND
  (G) ELECTION DISTRICT AND PARTY ENROLLMENT. THERE SHALL BE A PLACE FOR
TWO  SIGNATURES  OF  PERSONS  DESIGNATED TO INSPECT, ONE FROM EACH MAJOR
POLITICAL PARTY, THAT SUCH PERSONS HAVE CHECKED AND MARKED  THE  VOTER'S
REGISTRATION  AND  POLL  RECORD. ON THE REVERSE SIDE OF SUCH APPLICATION
SHALL BE PRINTED THE FOLLOWING STATEMENT:
  I DO DECLARE THAT I AM A CITIZEN OF THE UNITED STATES, THAT I AM  DULY
REGISTERED  IN  THE  ELECTION DISTRICT SHOWN ON THE REVERSE SIDE OF THIS
APPLICATION AND I AM QUALIFIED TO VOTE IN SUCH DISTRICT; THAT I  DO  NOT
INTEND  TO  VOTE  ELSEWHERE,  THAT I HAVE NOT COMMITTED ANY ACT NOR AM I
UNDER ANY IMPEDIMENT WHICH DENIES ME THE RIGHT TO VOTE. I HEREBY DECLARE
THAT THE FOREGOING IS A TRUE STATEMENT TO THE BEST OF MY  KNOWLEDGE  AND
BELIEF,  AND I UNDERSTAND THAT IF I MAKE ANY MATERIAL FALSE STATEMENT IN
THE FOREGOING STATEMENT, I SHALL BE GUILTY OF A MISDEMEANOR.
  (DATE)_________________
  _______________________
  (SIGNATURE AND ADDRESS OF VOTER)_______________________
  _______________________________________________________
  (WITNESS)______________________
  _______________________________
  S 8-604. STATE BOARD OF ELECTIONS; POWERS AND DUTIES OF. ANY  RULE  OR
REGULATION  NECESSARY  FOR  THE IMPLEMENTATION OF THE PROVISIONS OF THIS
TITLE SHALL  BE  PROMULGATED  BY  THE  STATE  BOARD  OF  ELECTIONS.  ALL
COMPLETED  APPLICATIONS FOR EARLY VOTING SHALL BE KEPT AND MAINTAINED BY
THE STATE BOARD OF ELECTIONS.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.