NY State Senate Bill 2015-S3813C

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2016	print number 3813c
May 18, 2016	amend (t) and recommit to local government
May 09, 2016	reported and committed to local government
Mar 07, 2016	notice of committee consideration - requested
Jan 22, 2016	print number 3813b
Jan 22, 2016	amend and recommit to elections
Jan 06, 2016	referred to elections
Dec 16, 2015	print number 3813a
Dec 16, 2015	amend (t) and recommit to elections
Feb 18, 2015	referred to elections

co-Sponsors

View additional co-sponsors

2015-S3813 - Details

See Assembly Version of this Bill:: A8582
Current Committee:: Senate Local Government
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 4-117, 8-100, 8-102, 8-104 & 8-508, add Art 8 Title 6 §§8-600 - 8-602, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1461
2017-2018: S2950, A2064, A9608
2019-2020: A780

2015-S3813 - Summary

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.

2015-S3813 - Sponsor Memo

                                BILL NUMBER:S3813

TITLE OF BILL:

An act to amend the election law, in relation to early voting

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish early voting in primary,
general and special elections in the State of New York.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends § 3-400(9) of the election law to provide
that election inspectors and poll clerks, if necessary, at early
voting locations shall be local board of elections employees or duly
appointed individuals as chosen by the commissioners of such board of
elections on an equal and bipartisan basis under law.

Section 2 of the bill amends § 4-117 of the election law to ensure
that early voting information, including days, hours and locations are
mailed to registered voters as part of the "mail check" process,'

Section 3 of the bill amends § 8-102 of the election law to add a new
Paragraph (k) which provides that voting at all early voting sites
shall be conducted in the same manner as on election day.

Section 4 of the bill amends § 8-104 by adding a new subdivision 7 to
require that the same polling place protocols that are observed on
election day be extended to all early voting days

Section 5 of the bill amends § 8-508(2)(b) of the election law to
provide that a space for challenged early voters be included on the
'challenge report".

Section 6 of the bill adds a new title VI (§ 8-600 & 8-602) to the
election law entitled "Early Voting" and sets forth the parameters of
such early voting.

§ 8-600 states:

*Early voting shall begin the third Thursday before a general election
and end the Thursday before the general election.

*Early voting shall begin the second Thursday before a primary or
special election and end the Thursday before the primary or special
election.

*Local boards of elections shall designate at least four polling
places in each county for early voting (5 including the board of
elections itself) and that such polling places shall be geographically
located so as to provide all voters in each county an equal
opportunity to cast a ballot. In the event that the board of elections
determines that the number of early voting sites is insufficient due
to the number of voters who are voting early, the board of elections
may establish additional early voting sites.


*Any person entitled to vote early may vote at any early voting site
in the county where the voter is registered to vote. Polls are open
from 8am to 8pm each week day and from 9am to 5pm on Saturday and
Sunday.

*The board of elections shall create a communication plan that is
easily accessible and understood by all voters utilizing any and all
media outlets, including social media. Information provided shall
include the location of all the early voting sites, dates and hours of
operation, and whether the sites are accessible to disabled voters.

*Sets forth the form of the paper ballots and how they could be
challenged.

*All voting scanners used during the early voting period shall be
processed at 9pm in the evening of Election Day.

§ 8-602 states that the State Board of Elections shall promulgate any
rule or regulation necessary for the implementation provided they
include provisions to ensure that the ballots cast early are counted
and canvassed as if cast on Election Day.

Section 7 provides the effective date.

JUSTIFICATION:

It is time that New York State joins the 32 other states and the
District of Columbia and institute early voting. All New Yorkers,
regardless of work schedule or personal and professional commitments
should have the ability to vote in each and every election. Early
voting will make voting easier, more convenient, and most importantly,
more accessible in our State.

PRIOR LEGISLATIVE HISTORY:

2013-14 (S1461-A) Died in Elections

FISCAL IMPLICATION:

There will be additional costs associated with staffing early voting
locations as well as with printing and counting paper ballots
associated with early voting, in addition to other unstated costs.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2015-S3813 - Bill Text download pdf

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

                                  3813

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 18, 2015
                               ___________

Introduced by Sens. STEWART-COUSINS, COMRIE, GIANARIS, HOYLMAN, KRUEGER,
  PERKINS, SANDERS, SERRANO, STAVISKY -- read twice and ordered printed,
  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:

  Section 1. Section 3-400 of the election law is amended  by  adding  a
new subdivision 9 to read as follows:
  9.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  THIS  SECTION,
ELECTION INSPECTORS OR POLL CLERKS, IF ANY, AT EARLY  VOTING  LOCATIONS,
SHALL  CONSIST  OF  EITHER  BOARD  OF  ELECTIONS  EMPLOYEES WHO SHALL BE
APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED  INDIVID-
UALS,  APPOINTED  IN THE MANNER SET FORTH IN THIS SECTION.  APPOINTMENTS
TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH EARLY  VOTING
LOCATION SHALL BE EQUALLY DIVIDED BETWEEN THE MAJOR POLITICAL PARTIES.
  S 2. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1.  The  board  of elections, between August first and August fifth of
each year, shall send by first class mail on which is endorsed  "ADDRESS
CORRECTION  REQUESTED"  and  which contains a request that any such mail
received for persons not residing at the address be dropped back in  the
mail,  a  communication,  in  a  form  approved  by  the  state board of
elections, to every registered voter who has been registered  without  a
change  of  address  since  the  beginning of such year, except that the
board of elections shall not be required to send such communications  to
voters  in  inactive status. The communication shall notify the voter of
the days and hours of the ensuing primary and general elections, INCLUD-
ING THE DAYS AND HOURS FOR EARLY VOTING AND THE LOCATIONS THEREFOR,  the
place  where  he  appears  by his registration records to be entitled to
vote, the fact that voters who have moved or will have  moved  from  the
address  where  they  were  last registered must re-register or, that if

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02563-01-5

S. 3813                             2

such move was to another address in the same county or city,  that  such
voter  may  either  notify  the board of elections of his new address or
vote by paper ballot at the polling place for his new  address  even  if
such  voter  has  not  re-registered, or otherwise notified the board of
elections of the change of address. If the location of the polling place
for the voter's election district  has  been  moved,  the  communication
shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
BEEN  CHANGED.  YOU NOW VOTE AT..........". The communication shall also
indicate whether the polling place is accessible to physically  disabled
voters, that a voter who will be out of the city or county on the day of
the  primary  or  general  election  or a voter who is ill or physically
disabled may obtain an absentee ballot, that a physically disabled voter
whose polling place is not accessible may request that his  registration
record  be moved to an election district which has a polling place which
is accessible, the phone number to  call  for  applications  to  move  a
registration  record  or  for  absentee  ballot  applications, the phone
number to call for the location of registration and polling places,  the
phone  number  to call to indicate that the voter is willing to serve on
election day as an election inspector, poll  clerk,  interpreter  or  in
other  capacities, the phone number to call to obtain an application for
registration  by  mail,  and  such  other  information  concerning   the
elections  or  registration as the board may include. In lieu of sending
such communication to every registered voter, the board of elections may
send a single communication to a  household  containing  more  than  one
registered  voter,  provided that the names of all such voters appear as
part of the address on such communication.
  S 3. Subdivision 1 of section 8-102 of the election law is amended  by
adding a new paragraph (k) to read as follows:
  (K)  VOTING  AT  EACH EARLY VOTING SITE SHALL BE CONDUCTED IN A MANNER
CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, WITH  THE  EXCEPTION  OF
THE  TABULATION  AND  PROCLAMATION  OF  ELECTION  RESULTS WHICH SHALL BE
COMPLETED ACCORDING TO SUBDIVISIONS EIGHT,  NINE,  AND  TEN  OF  SECTION
8-600 OF THIS ARTICLE.
  S  4.  Section  8-104  of  the election law is amended by adding a new
subdivision 7 to read as follows:
  7. THIS SECTION SHALL APPLY ON ALL EARLY VOTING DAYS AS  PROVIDED  FOR
IN SECTION 8-600 OF THIS ARTICLE.
  S  5.  Paragraph (b) of subdivision 2 of section 8-508 of the election
law, as amended by chapter 200 of the laws of 1996, is amended  to  read
as follows:
  (b)  The second section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial  number
of each person who is challenged on the day of election OR ON ANY DAY IN
WHICH  THERE  IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
together with the reason for the challenge.   If  no  voters  are  chal-
lenged,  the  board  of inspectors shall enter the words "No Challenges"
across the space reserved for such names. In lieu of  preparing  section
two of the challenge report, the board of elections may provide, next to
the  name  of  each voter on the computer generated registration list, a
place for the inspectors of election to record the information  required
to be entered in such section two, or provide at the end of such comput-
er  generated  registration list, a place for the inspectors of election
to enter such information.
  S 6. Article 8 of the election law is amended by adding a new title  6
to read as follows:

S. 3813                             3

                                TITLE VI
                              EARLY VOTING
SECTION 8-600. EARLY VOTING.
        8-602. STATE  BOARD  OF  ELECTIONS;  POWERS AND DUTIES FOR EARLY
                 VOTING.
  S 8-600. EARLY VOTING. 1. BEGINNING THE THIRD THURSDAY  PRIOR  TO  ANY
GENERAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE, AND THE SECOND THURSDAY
PRIOR TO ANY PRIMARY OR SPECIAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE,
AND  ENDING  ON THE THURSDAY IMMEDIATELY PRECEDING A GENERAL, PRIMARY OR
SPECIAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE, PERSONS DULY REGISTERED
AND ELIGIBLE TO VOTE FOR CANDIDATES FOR SUCH OFFICE SHALL  BE  PERMITTED
TO  VOTE IN PERSON BY BALLOT FOR A CANDIDATE FOR SUCH OFFICE. VOTERS WHO
CAST A VOTE AT AN EARLY VOTING SITE DURING THE EARLY VOTING PERIOD SHALL
BE PROHIBITED FROM VOTING ON ELECTION DAY.
  2. THE BOARD OF ELECTIONS OF EACH COUNTY SHALL DESIGNATE AT LEAST FIVE
POLLING SITES, INCLUDING THE BOARD OF ELECTIONS ITSELF, IN  EACH  COUNTY
OR  BOROUGH  IN THE CITY OF NEW YORK, FOR PERSONS TO VOTE EARLY PURSUANT
TO THIS SECTION. SUCH POLLING SITES SHALL BE GEOGRAPHICALLY  LOCATED  SO
AS  TO  PROVIDE  ALL VOTERS IN THE COUNTY AN EQUAL OPPORTUNITY TO CAST A
BALLOT, INSOFAR AS IS PRACTICABLE.  IN  THE  EVENT  THAT  THE  BOARD  OF
ELECTIONS  DETERMINES  THAT THE NUMBER OF EARLY VOTING SITES IS INSUFFI-
CIENT DUE TO THE NUMBER OF VOTERS WHO ARE VOTING  EARLY,  THE  BOARD  OF
ELECTIONS  MAY  ESTABLISH  ADDITIONAL EARLY VOTING SITES FOR THE CONVEN-
IENCE OF ELIGIBLE VOTERS WISHING TO VOTE AT  SUCH  EARLY  VOTING  SITES.
FURTHER,  THE  BOARD OF ELECTIONS SHALL GIVE ADEQUATE NOTICE TO ELIGIBLE
VOTERS OF SUCH ADDITIONAL EARLY VOTING SITES. THE PROVISIONS OF  SECTION
4-104  OF  THIS CHAPTER SHALL APPLY TO THE DESIGNATION OF POLLING PLACES
FOR EARLY VOTING EXCEPT WHERE SUCH PROVISIONS ARE INCONSISTENT WITH THIS
SUBDIVISION.
  3. ANY PERSON ENTITLED TO VOTE EARLY MAY DO SO  AT  ANY  EARLY  VOTING
SITE  ESTABLISHED  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION IN THE
COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE PROVIDED, HOWEVER,  IF  IT
IS  IMPRACTICAL  FOR THE COUNTY BOARD OF ELECTIONS TO PROVIDE EACH EARLY
VOTING SITE ALL APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON  IN
THE  COUNTY  OR  SUCH  BOARD  OF ELECTIONS IS UNABLE TO ENSURE THAT SUCH
VOTER HAS NOT PREVIOUSLY VOTED EARLY DURING SUCH ELECTION, THE BOARD  OF
ELECTIONS  SHALL  PROVIDE  APPROPRIATE  FORMS  OF BALLOTS ONLY FOR THOSE
VOTERS REGISTERED TO VOTE IN THE AREA SERVED BY SUCH EARLY  VOTING  SITE
AS DESIGNATED BY THE BOARD OF ELECTIONS.
  4.  POLLS  SHALL  BE  OPEN  FOR EARLY VOTING FROM EIGHT O'CLOCK IN THE
MORNING UNTIL EIGHT O'CLOCK IN THE EVENING EACH WEEK DAY AND  FROM  NINE
O'CLOCK  IN  THE MORNING UNTIL FIVE O'CLOCK IN THE AFTERNOON ON SATURDAY
AND SUNDAY. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  PROHIBIT  ANY
BOARD  OF ELECTIONS FROM EXTENDING HOURS FOR EARLY VOTING PAST THE TIMES
SPECIFIED HEREIN.
  5. THE BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION  PLAN  THAT  IS
EASILY ACCESSIBLE AND UNDERSTOOD BY ALL VOTERS. SUCH COMMUNICATIONS PLAN
SHALL  UTILIZE ANY AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA. INFOR-
MATION TO BE PROVIDED SHALL INCLUDE THE LOCATION  OF  ALL  EARLY  VOTING
SITES  AND  A  NOTATION  WHETHER  SUCH  SITES ARE ACCESSIBLE TO DISABLED
VOTERS, DATES AND HOURS OF OPERATION, A CLEAR AND UNAMBIGUOUS MESSAGE TO
VOTERS NOTIFYING THEM THAT IF SUCH VOTERS CAST A BALLOT DURING THE EARLY
VOTING PERIOD THEN THEY WILL NOT BE ALLOWED TO VOTE ON ELECTION DAY; AND
IF EARLY VOTING POLLING PLACES ARE REGIONALIZED PURSUANT TO  SUBDIVISION
THREE  OF  THIS  SECTION, THE LOCATION OF THE EARLY VOTING POLLING PLACE

S. 3813                             4

SERVING THE VOTERS OF ANY  PARTICULAR  CITY,  TOWN  OR  OTHER  POLITICAL
SUBDIVISION.
  6.  THE  FORM  OF PAPER BALLOTS, IF USED IN EARLY VOTING, SHALL COMPLY
WITH THE PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE APPLICABLE
TO VOTING BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE  CAST
IN  THE  SAME  MANNER  AS PROVIDED FOR IN SECTION 8-312 OF THIS ARTICLE,
PROVIDED HOWEVER THAT BALLOTS CAST DURING THE EARLY VOTING PERIOD  SHALL
NOT BE CANVASSED UNTIL NINE O'CLOCK IN THE EVENING ON ELECTION DAY.
  7.  VOTERS  CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE SUBJECT TO
CHALLENGE AS PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF  THIS  ARTI-
CLE.
  8.    NOTWITHSTANDING  ANY  OTHER  PROVISIONS OF THIS CHAPTER, AT NINE
O'CLOCK IN THE EVENING ON ELECTION  DAY,  THE  REMOVABLE  ELECTRONIC  OR
COMPUTERIZED DEVICES IN USE BY ALL VOTING SCANNERS USED DURING THE EARLY
VOTING  PERIOD  SHALL  BE  PROCESSED,  IN A MANNER NOT INCONSISTENT WITH
ARTICLE NINE OF THIS CHAPTER, BY BIPARTISAN TEAMS OF BOARD OF  ELECTIONS
EMPLOYEES   OR  ELECTION  INSPECTORS  AS  DESIGNATED  BY  THE  BOARD  OF
ELECTIONS.  THEREAFTER, TABULATED RESULTS TAPES SHALL BE PRODUCED AND  A
CANVASS  SHEET  REFLECTING  THE  AGGREGATED VOTE RESULTS OF EARLY VOTING
SHALL BE COMPLETED AND SIGNED BY SAID BIPARTISAN CANVASS TEAMS.
  9. NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER, AT THE END OF  EACH
DAY  OF  EARLY VOTING, ANY EARLY VOTING BALLOTS THAT WERE NOT ABLE TO BE
SCANNED AT ANY EARLY VOTING SITE SHALL BE SCANNED BY A  BIPARTISAN  TEAM
OF  INSPECTORS  ASSIGNED  TO SUCH EARLY VOTE SITE. ANY SUCH BALLOTS THAT
REMAIN UNSCANNED BECAUSE THE SCANNER WAS UNAVAILABLE, OR BECAUSE  OF  AN
OVERVOTE  OR BLANK BALLOT WARNING ON THE BALLOT SCANNER SCREEN, SHALL BE
RETURNED TO THE BOARD OF ELECTIONS UNCOUNTED. AT  NINE  O'CLOCK  IN  THE
EVENING  ON  ELECTION  DAY  AT  THE  BOARD  OF ELECTIONS, SUCH UNSCANNED
BALLOTS SHALL BE CANVASSED BY BIPARTISAN TEAMS  OF  BOARD  OF  ELECTIONS
EMPLOYEES   OR  ELECTION  INSPECTORS  AS  DESIGNATED  BY  THE  BOARD  OF
ELECTIONS. THE VOTES FROM SUCH BALLOTS SHALL BE RECORDED ON TALLY SHEETS
AND BE SIGNED BY SAID BIPARTISAN CANVASS  TEAMS.  RESULTS  TABULATED  ON
SAID  TALLY SHEETS SHALL BE ADDED TO THE TABULATED RESULTS TAPES TOTALS,
AND THE SIGNED TALLY SHEETS SHALL  BE  AFFIXED  TO  CORRESPONDING  EARLY
VOTING CANVASS SHEETS.
  10.  UPON  THE  COMPLETION  OF THE CANVASS OF ALL EARLY VOTING BALLOTS
CAST, THE REMOVABLE ELECTRONIC OR COMPUTERIZED DEVICES USED IN ALL EARLY
VOTING SCANNERS SHALL BE USED TO PRODUCE THE UNOFFICIAL TALLY OF RESULTS
AS REQUIRED IN SECTION 9-126 OF THIS CHAPTER.
  S 8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY VOTING.
ANY  RULE  OR  REGULATION  NECESSARY  FOR  THE  IMPLEMENTATION  OF   THE
PROVISIONS  OF  THIS  TITLE  SHALL  BE PROMULGATED BY THE STATE BOARD OF
ELECTIONS  PROVIDED  THAT  SUCH  RULES  AND  REGULATIONS  SHALL  INCLUDE
PROVISIONS  TO  ENSURE  THAT  BALLOTS  CAST EARLY, BY ANY METHOD ALLOWED
UNDER LAW, ARE COUNTED AND CANVASSED AS IF CAST ON ELECTION  DAY.    THE
STATE  BOARD  OF  ELECTIONS  SHALL  PROMULGATE ANY OTHER RULES AND REGU-
LATIONS NECESSARY TO ENSURE AN EFFICIENT AND FAIR EARLY  VOTING  PROCESS
THAT RESPECTS THE PRIVACY OF THE VOTER. PROVIDED FURTHER THAT SUCH RULES
AND  REGULATIONS  SHALL  REQUIRE THAT THE VOTING HISTORY RECORD FOR EACH
VOTER BE CONTINUALLY UPDATED TO REFLECT EACH INSTANCE OF EARLY VOTING BY
SUCH VOTER.
  S 7. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

co-Sponsors

View additional co-sponsors

2015-S3813A - Details

See Assembly Version of this Bill:: A8582
Current Committee:: Senate Local Government
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 4-117, 8-100, 8-102, 8-104 & 8-508, add Art 8 Title 6 §§8-600 - 8-602, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1461
2017-2018: S2950, A2064, A9608
2019-2020: A780

2015-S3813A - Summary

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.

2015-S3813A - Sponsor Memo

                                 BILL NUMBER:  S3813A

 TITLE OF BILL :

An act to amend the election law, in relation to early voting; and to
repeal certain provisions of such law relating thereto

 PURPOSE :

This bill establishes a system to permit eligible voters throughout
the state to vote in person during a designated period prior to
election day. It also modestly reduces the number of hours polling
places are mandated to be open on election day.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill amends Section 3-400 of the election law by
adding a new subdivision 9 to clarify the manner in which election
inspectors and poll clerks are to be appointed for polling places for
early voting.

Section two of the bill amends subdivision 1 of section 4-117 of the
election law to add the days, hours, and locations of polling places
for early voting to an existing list of items boards of elections must
notify voters of annually.

Section three of the bill repeals subdivision 2 of section 8-100 of
the election law and replaces it with a new subdivision 2 that gives
the board of elections of each county and of New York City some
discretion over the start and end times of voting on primary, general,
special, and other elections. For most elections, polling places are
currently required to be open from 6:00 a.m. to 9:00 p.m.  The new
provisions would give counties and New York City the option of opening
polling places at 7:00 a.m. and closing them at 8:00 p.m.  Counties
where the current opening time of polling places for primaries is
12:00 noon would have the option of opening at 11:00 a.m.

Section four of the bill amends subdivision 1 of section 8-102 of the
election law by adding a new paragraph (k) to apply the provisions of
article 8 of the election law to early voting, except for certain
provisions related to tabulation and proclamation of results.

Section five of the bill amends section 8-104 of the election law by
adding a new subdivision 7 to note that section 8-104 (part of article
8) applies on early voting days.

Section six of the bill amends paragraph (b) of subdivision 2 of
section 8508 of the election law to provide that challenges of voters
on early voting days should be included on the same type of report
that records challenges on election day.

Section seven of the bill amends article 8 of the election law by
adding a new title 6, with new sections 8-600 and 8-602, setting out
the process for early voting.  Subdivision one of section 8-600 of the
new title specifies that early voting begins two weeks before any
general, primary or special election and ends two days before (i.e.,
on the Sunday before a Tuesday election day). The subdivision also
requires boards of elections to establish procedures to ensure that
persons who vote during the early voting period aren't permitted to
vote subsequently in the same election.

Subdivision two of section 8-600 of the new title specifies that the
number of required polling places for early voting depends on the size
of each county's population. Counties with less than 150,000 people
would have one required polling place; with 150,000 to 350,000 people,
three required polling places; with 350,000 to 550,000 people, five
required polling places; and greater than 550,000 people, seven
required polling places. Counties would be able to add more at their
discretion and New York City would be allowed to meet its total
required number of polling places on a citywide basis.  Paragraph (i)
of the subdivision requires locations to be chosen to give all
eligible voters adequate, equitable access to early voting, to the
extent practicable, and specifies certain factors to be considered in
location decisions. Paragraph (i) also applies the provisions of
section 4104 of the election law to the designation of polling places
for early voting; these are the existing requirements for siting
polling places for election day voting.

Subdivision three of section 8-600 of the new title requires that all
voters should generally be able to vote at any polling place for early
voting in their county, but allows for an exception if this would be
impractical.

Subdivision four of section 8-600 of the new title sets requirements
for hours early voting must be available in each county, with
substantial flexibility for the counties. Polls would be open for
early voting for at least 8 hours between 6:00 a.m. and 9:00 p.m. on
weekdays, provided that one site at which all eligible voters may vote
shall remain open until at least 8:00 p.m. on two weekdays in each
calendar week of the early voting period, and for at least 5 hours
between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays, and legal
holidays. Counties would have the option of providing additional hours
as well. They would be required to designate the standard hours of
operation for early voting by May 1st each year; this is the day
boards of elections must designate polling places for the coming year
under existing law.

Subdivision five of section 8-600 of the new title requires each board
of elections to create a communication plan to inform eligible voters
of the opportunity to vote early.

Subdivision six of section 8-600 of the new title applies existing
requirements for paper ballots to those to be used for early voting.

Subdivision seven of section 8-600 of the new title applies exist
requirements related to voter challenges to early voting.

Subdivisions eight and nine of section 8-600 of the new title set out
provisions for handling ballots and scanners at the end of each day of
early voting and after the polls close on election day. Generally, the
new subdivisions apply the same process for canvassing, tabulating,
and announcing results that already apply on election day, with some
minor adjustments to reflect that fact that early voting occurs over
multiple days.

No results for early voting would be tabulated before the polls close
on election day.

Section 8-602 of the new title sets forth certain powers and duties of
the state board of elections to make rules regarding early voting.

Section eight of the bill sets forth the effective date.

 JUSTIFICATION :

Given the vital role that voting plays in a participatory democracy,
New York should ensure that our elections are run in ways that meet
contemporary standards for accessibility, equity, and efficiency.
Providing eligible voters the opportunity to vote in person during a
designated period before election day would be a major step towards
achieving this goal.

Early voting would make it less burdensome for New Yorkers to access
the polls and exercise their civic obligation to vote. Early voting
would reduce inequity, because some voters have greater difficulty
than others arranging to vote on a single designated day. And early
voting would improve the efficiency of elections from the perspective
of election administrators, as well as voters, by spreading the work
of managing elections over a longer period of time, alleviating some
of the problems that are created by the current system of having all
in-person voting take place in a single day, such as long lines at the
polls and exhausted poll workers.

Establishing a 13-day early voting period running until the Sunday
before election day would give busy New Yorkers, who often must juggle
many personal, family, and work obligations, more flexibility in
finding a time to vote. Those who are unable to vote on election day
should not be excluded from participating in the democratic process
merely because they are unavailable on a single day.

Of particular importance in establishing an early voting period is the
addition of weekend hours for in-person voting. Due to their own work
schedules or those of partners with whom they share responsibilities
as caregivers, many people have time to vote on the weekend that they
do not have on weekdays.

In order to ensure that early voting is instituted in a practical,
efficient, and cost effective manner, this bill takes into account the
wide variation in characteristics of different counties throughout the
state, by providing county boards of elections with flexibility to
establish locations and hours for early voting that are tailored to
the unique circumstances of their respective counties. This
flexibility is balanced by minimum standards that would ensure that
all voters have a meaningful opportunity to vote early.

The most significant way the bill allows for variations among counties
relates to the number of polling places each county would be required
to provide for early voting. New York's least populous county has
fewer than 5 thousand residents whereas its most populous has more
than 2.5 million. To account for this wide variation, the minimum
number of polling places for early voting required in each county
would be based on a tiered system. The mandated number for each county
would represent a minimum requirement; county boards of elections
would be permitted to establish additional polling places at their
discretion.

Counties with fewer than 150,000 residents would be required to
establish one polling site for early voting, which could be located at
the offices of the county board of elections. Based upon current
census figures, this would apply to the following 40 counties:
Allegany, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton,
Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Genesee,
Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison,
Montgomery, Ontario, Orleans, Oswego, Otsego, Putnam, Schoharie,
Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins,
Warren, Washington, Wayne, Wyoming, and Yates.

Counties with populations of 150,000 to 350,000 would be required to
have three polling places for early voting, one of which could be
located at the offices of the county board of elections. Based upon
current census figures, this would apply to the following 10 counties:
Albany, Broome, Dutchess, Niagara, Oneida, Rensselaer, Rockland,
Saratoga, Schenectady, and Ulster

Counties with populations of 350,000 to 550,000 would be required to
have five polling places for early voting, one of which could be
located at the offices of the county board of elections. Based upon

current census figures, this would apply to the following 3 counties:
Onondaga, Orange, and Richmond

Counties with populations of over 550,000 would be required to have
seven polling places for early voting, one of which could be located
at the offices of the county board of elections. Based upon current
census figures, this would apply to the following 9 counties: Bronx,
Erie, Kings, Monroe, Nassau, New York, Queens, Suffolk, and
Westchester

The bill also contains several additional guidelines for the
establishment of polling places for early voting to enhance the
effectiveness of early voting and ensure that localities have the
discretion to implement it efficiently.

First, to the extent practicable, county boards of elections would be
required to designate polling places in locations that maximize
accessibility for eligible voters. The bill incorporates various
guidelines that already apply to siting of election day polling
places.

Second, the bill would allow for New York City, with the unanimous
consent of the commissioners representing each of the city's 5
counties, to site polling places on a citywide basis, in the manner it
deems most appropriate, even if this results in any of these counties
having fewer polling places than would otherwise be required based on
the individual county population.

Third, while the general rule established in the bill is that every
eligible voter would be permitted to vote at any polling place in the
county where he or she is registered, the bill recognizes that this
may not always be practical because of the number of distinct ballot
types that might be required at each polling place, and other factors.
Therefore, the board of elections in each county would have the
discretion to choose to make certain polling places serve only a
portion of the county, provided that every voter has at least one
polling place to vote early.

Another way the bill allows for variations among counties relates to
the hours for early voting. The bill establishes guidelines for the
minimum number of hours that polling places for early voting would be
required to be open, ensuring that all voters would have meaningful
opportunities to avail themselves of the option to vote early. On the
other hand, county boards of elections would have the discretion to
set the specific hours for each polling place, to reflect the distinct
needs and preferences of New Yorkers in different parts of the state.
These provisions would require that all early voting sites are open
for at least eight hours on weekdays, including two days a week with
evening hours, and for at least five hours on weekends and holidays.
The requirement of evening hours two days a week overlaps somewhat
with the existing requirement in election law section 3-214 requiring
that board of elections offices maintain extended hours on two
weekdays in the two weeks prior to any general election.

In addition to flexibility in the manner in which early voting would
be implemented, the bill also provides some reduction in the hours
currently mandated for polling on election day. Specifically, the bill
amends current election law to allow for county boards of election, at
their discretion, to open the polls an hour later and close them an
hour earlier on election day than they are currently permitted to.

The current mandate that most polling places (and all polling places
on general election day) must be open for 15 hours, from 6:00 a.m. to
9:00 p.m., is more stringent than the law in any other state. While
this may be admirable from the perspective of promoting voter
participation, it makes administering election day operations more
difficult, and more costly. By providing an opportunity for voters to
cast ballots on any of 13 prior days, and likely diminishing the
number of voters who choose to vote on election day, this bill reduces
the need for polling places to be open for so many hours on election
day itself.

As such, the bill would offer local boards of elections the option of
opening polling places one hour later and closing them one hour
earlier than the current mandated times. In addition to being a
reflection of that fact that early voting is now available to all
voters, this change is also appropriate given the additional time that
it takes in recent years, with electronic scanner voting systems that
have been implemented, to start up and close down polling places. A
shorter day may also mean less exhaustion for election administrators
and workers, who are called upon to do difficult jobs over a very long
day. Finally, boards of elections that choose to reduce the hours
polling places are open throughout their counties may save cost
currently incurred by the boards and the localities that assist with
election administration, security, building maintenance, etc.; such
savings may partially, or perhaps wholly in some cases, offset the
cost of implementing early voting.

Thirty-three states and the District of Columbia have already
instituted in-person early voting in one form or another. For all the
foregoing reason, New York should do the same, and support the right
of all New Yorkers to meet their civic obligations and participate in
our democracy in a reasonable, accessible manner.

 FISCAL IMPLICATION :

There will be some costs associated with early voting related to
staffing polling places, providing outreach materials to educate the
public about the new procedures, and other aspects of administering
the system. Some localities may receive savings from reducing hours of
voting on election day, as permitted but not required by the bill.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to any
election held one hundred twenty days or more after it shall have
taken effect.

2015-S3813A - Bill Text download pdf

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

                                 3813--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 18, 2015
                               ___________

Introduced  by Sens. STEWART-COUSINS, AVELLA, COMRIE, GIANARIS, HOYLMAN,
  KRUEGER, 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

AN  ACT  to  amend the election law, in relation to early voting; and to
  repeal certain provisions of such law relating thereto

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

  Section  1.  Section  3-400 of the election law is amended by adding a
new subdivision 9 to read as follows:
  9.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  THIS  ARTICLE,
ELECTION  INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR EARLY
VOTING, SHALL CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES  WHO  SHALL
BE  APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED INDI-
VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS
TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
FOR EARLY VOTING SHALL BE EQUALLY DIVIDED BETWEEN  THE  MAJOR  POLITICAL
PARTIES.
  S 2. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1.  The  board  of elections, between August first and August fifth of
each year, shall send by first class mail on which is endorsed  "ADDRESS
CORRECTION  REQUESTED"  and  which contains a request that any such mail
received for persons not residing at the address be dropped back in  the
mail,  a  communication,  in  a  form  approved  by  the  state board of
elections, to every registered voter who has been registered  without  a
change  of  address  since  the  beginning of such year, except that the
board of elections shall not be required to send such communications  to
voters  in  inactive status. The communication shall notify the voter of
the days and hours of the ensuing primary and general elections, INCLUD-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02563-02-5

S. 3813--A                          2

ING THE DAYS AND HOURS FOR EARLY VOTING,  the  place  where  he  OR  SHE
appears  by  his  OR  HER  registration  records to be entitled to vote,
INCLUDING POLLING PLACES FOR EARLY VOTING, the fact that voters who have
moved  or  will  have moved from the address where they were last regis-
tered must re-register or, that if such move was to another  address  in
the  same county or city, that such voter may either notify the board of
elections of his OR HER new address or vote by paper ballot at the poll-
ing place for his OR HER new address even if such voter has  not  re-re-
gistered,  or otherwise notified the board of elections of the change of
address. If the location of the polling place for the  voter's  election
district  has  been moved, the communication shall contain the following
legend in bold type: "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW  VOTE
AT..........". The communication shall also indicate whether the polling
place is accessible to physically disabled voters, that a voter who will
be  out  of  the  city  or  county  on the day of the primary or general
election or a voter who is ill or  physically  disabled  may  obtain  an
absentee ballot, that a physically disabled voter whose polling place is
not  accessible may request that his OR HER registration record be moved
to an election district which has a polling place which  is  accessible,
the  phone number to call for applications to move a registration record
or for absentee ballot applications, the phone number to  call  for  the
location of registration and polling places, the phone number to call to
indicate  that  the  voter  is  willing  to  serve on election day as an
election inspector, poll clerk, interpreter or in other capacities,  the
phone  number to call to obtain an application for registration by mail,
and such other information concerning the elections or  registration  as
the  board  may  include. In lieu of sending such communication to every
registered voter, the board of elections may send a single communication
to a household containing more than one registered voter, provided  that
the  names  of  all  such  voters  appear as part of the address on such
communication.
  S 3. Subdivision 2 of section 8-100 of the election  law  is  REPEALED
and a new subdivision 2 is added to read as follows:
  2.  (A)  THE  BOARD OF ELECTIONS OF EACH COUNTY AND OF THE CITY OF NEW
YORK SHALL DESIGNATE HOURS POLLS SHALL BE OPEN FOR  VOTING,  SUBJECT  TO
THE REQUIREMENTS OF THIS SUBDIVISION.
  (B) IN THE CITY OF NEW YORK OR IN THE COUNTY OF NASSAU, SUFFOLK, WEST-
CHESTER,  ROCKLAND,  ORANGE, PUTNAM OR ERIE, FOR A PRIMARY ELECTION, THE
DESIGNATED TIME POLLS SHALL OPEN SHALL BE NO EARLIER  THAN  SIX  O'CLOCK
AND NO LATER THAN SEVEN O'CLOCK IN THE MORNING.
  (C)  IN  ANY COUNTY OTHER THAN IN THE CITY OF NEW YORK OR THE COUNTIES
OF NASSAU, SUFFOLK, WESTCHESTER, ROCKLAND, ORANGE, PUTNAM OR ERIE, FOR A
PRIMARY ELECTION THE DESIGNATED TIME POLLS SHALL OPEN SHALL BE NO EARLI-
ER THAN ELEVEN O'CLOCK IN THE MORNING AND NO LATER THAN  TWELVE  O'CLOCK
NOON.
  (D)  FOR  A  GENERAL,  SPECIAL, OR OTHER ELECTION, EXCEPT AS OTHERWISE
PROVIDED BY LAW, THE DESIGNATED TIME POLLS SHALL OPEN SHALL BE NO EARLI-
ER THAN SIX O'CLOCK AND NO LATER THAN SEVEN O'CLOCK IN THE MORNING.
  (E) FOR ANY PRIMARY, GENERAL, SPECIAL, OR OTHER  ELECTION,  EXCEPT  AS
OTHERWISE  PROVIDED  BY LAW, THE DESIGNATED TIME POLLS SHALL CLOSE SHALL
BE NO EARLIER THAN EIGHT O'CLOCK AND NO LATER THAN NINE O'CLOCK  IN  THE
EVENING.
  S  4. Subdivision 1 of section 8-102 of the election law is amended by
adding a new paragraph (k) to read as follows:
  (K) VOTING AT EACH POLLING PLACE FOR EARLY VOTING SHALL  BE  CONDUCTED
IN  A  MANNER  CONSISTENT  WITH THE PROVISIONS OF THIS ARTICLE, WITH THE

S. 3813--A                          3

EXCEPTION OF THE TABULATION AND PROCLAMATION OF ELECTION  RESULTS  WHICH
SHALL  BE  COMPLETED ACCORDING TO SUBDIVISIONS EIGHT AND NINE OF SECTION
8-600 OF THIS ARTICLE.
  S  5.  Section  8-104  of  the election law is amended by adding a new
subdivision 7 to read as follows:
  7. THIS SECTION SHALL APPLY ON ALL EARLY VOTING DAYS AS  PROVIDED  FOR
IN SECTION 8-600 OF THIS ARTICLE.
  S  6.  Paragraph (b) of subdivision 2 of section 8-508 of the election
law, as amended by chapter 200 of the laws of 1996, is amended  to  read
as follows:
  (b)  The second section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial  number
of each person who is challenged on the day of election OR ON ANY DAY IN
WHICH  THERE  IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
together with the reason for the challenge. If no voters are challenged,
the board of inspectors shall enter the words "No Challenges" across the
space reserved for such names. In lieu of preparing section two  of  the
challenge  report,  the board of elections may provide, next to the name
of each voter on the computer generated registration list, a  place  for
the  inspectors  of  election  to  record the information required to be
entered in such section two, or provide at  the  end  of  such  computer
generated  registration  list, a place for the inspectors of election to
enter such information.
  S 7. 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.
        8-602. STATE  BOARD  OF  ELECTIONS;  POWERS AND DUTIES FOR EARLY
                 VOTING.
  S 8-600. EARLY VOTING. 1. BEGINNING THE FOURTEENTH DAY  PRIOR  TO  ANY
GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE, AND
ENDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR SPECIAL ELECTION
FOR SUCH PUBLIC OR PARTY OFFICE, PERSONS DULY REGISTERED AND ELIGIBLE TO
VOTE FOR CANDIDATES FOR SUCH OFFICE SHALL BE PERMITTED TO VOTE IN PERSON
BY  BALLOT  FOR  A  CANDIDATE FOR SUCH OFFICE. THE BOARD OF ELECTIONS OF
EACH COUNTY AND THE CITY OF NEW YORK SHALL ESTABLISH PROCEDURES, SUBJECT
TO APPROVAL OF THE STATE BOARD OF ELECTIONS, TO ENSURE THAT PERSONS  WHO
VOTE  DURING  THE  EARLY  VOTING  PERIOD  SHALL NOT BE PERMITTED TO VOTE
SUBSEQUENTLY IN THE SAME ELECTION.
  2. (A) THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF  NEW  YORK
SHALL  DESIGNATE  ONE  OR  MORE  POLLING PLACES FOR EARLY VOTING IN EACH
COUNTY, WHICH MAY INCLUDE THE OFFICES OF THE  BOARD  OF  ELECTIONS,  FOR
PERSONS TO VOTE EARLY PURSUANT TO THIS SECTION.
  (B) A COUNTY WITH A POPULATION OF LESS THAN ONE HUNDRED FIFTY THOUSAND
SHALL HAVE ONE POLLING PLACE FOR EARLY VOTING DESIGNATED IN THE COUNTY.
  (C)  A  COUNTY WITH A POPULATION OF ONE HUNDRED FIFTY THOUSAND OR MORE
AND LESS THAN THREE HUNDRED FIFTY  THOUSAND  SHALL  HAVE  THREE  POLLING
PLACES FOR EARLY VOTING DESIGNATED IN THE COUNTY.
  (D) A COUNTY WITH A POPULATION OF THREE HUNDRED FIFTY THOUSAND OR MORE
AND LESS THAN FIVE HUNDRED FIFTY THOUSAND SHALL HAVE FIVE POLLING PLACES
FOR EARLY VOTING DESIGNATED IN THE COUNTY.
  (E)  A COUNTY WITH A POPULATION OF FIVE HUNDRED FIFTY THOUSAND OR MORE
SHALL HAVE SEVEN POLLING PLACES FOR EARLY VOTING DESIGNATED IN THE COUN-
TY.

S. 3813--A                          4

  (F) IN ADDITION TO THE POLLING PLACES FOR  EARLY  VOTING  REQUIRED  IN
THIS  SUBDIVISION,  THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF
NEW YORK MAY ESTABLISH ADDITIONAL POLLING PLACES FOR  EARLY  VOTING  FOR
THE  CONVENIENCE  OF  ELIGIBLE  VOTERS  WISHING TO VOTE DURING THE EARLY
VOTING PERIOD.
  (G) IN THE CITY OF NEW YORK THE BOARD OF ELECTIONS MAY DESIGNATE, WITH
THE UNANIMOUS APPROVAL OF THE COMMISSIONERS FOR THE FIVE COUNTIES THERE-
OF,  POLLING  PLACES FOR EARLY VOTING ON A CITYWIDE BASIS, SUCH THAT THE
AGGREGATE NUMBER OF SUCH POLLING PLACES EQUALS OR EXCEEDS THE SUM OF THE
SITES OTHERWISE REQUIRED BY THIS SECTION FOR THE FIVE COUNTIES,  WITHOUT
DESIGNATING THE NUMBER OTHERWISE REQUIRED TO BE DESIGNATED IN EACH COUN-
TY.
  (H) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED TO ENSURE, TO THE
EXTENT PRACTICABLE, THAT ELIGIBLE VOTERS HAVE ADEQUATE EQUITABLE ACCESS,
TAKING INTO CONSIDERATION POPULATION DENSITY, TRAVEL TIME TO THE POLLING
PLACE,  PROXIMITY  TO  OTHER  LOCATIONS  OR COMMONLY USED TRANSPORTATION
ROUTES AND SUCH OTHER FACTORS THE BOARD OF ELECTIONS OF  THE  COUNTY  OR
THE  CITY OF NEW YORK DEEMS APPROPRIATE. THE PROVISIONS OF SECTION 4-104
OF THIS CHAPTER, EXCEPT SUBDIVISIONS FOUR  AND  FIVE  OF  SUCH  SECTION,
SHALL APPLY TO THE DESIGNATION OF POLLING PLACES FOR EARLY VOTING EXCEPT
TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT WITH THIS SECTION.
  3.  ANY  PERSON  ENTITLED TO VOTE EARLY MAY DO SO AT ANY POLLING PLACE
FOR EARLY VOTING ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
IN THE COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE PROVIDED,  HOWEVER,
IF  IT IS IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY VOTING ALL
APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON IN THE COUNTY OR TO
ENSURE THAT SUCH VOTER  HAS  NOT  PREVIOUSLY  VOTED  EARLY  DURING  SUCH
ELECTION,  THE  BOARD  OF ELECTIONS MAY DESIGNATE EACH POLLING PLACE FOR
EARLY VOTING ONLY FOR THOSE VOTERS REGISTERED TO VOTE IN  A  PORTION  OF
THE  COUNTY  SERVED  BY  SUCH POLLING PLACE, PROVIDED THAT ALL VOTERS IN
EACH COUNTY SHALL HAVE ONE OR MORE POLLING  PLACES  AT  WHICH  THEY  ARE
ELIGIBLE TO VOTE THROUGHOUT THE EARLY VOTING PERIOD.
  4.  (A)  POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST EIGHT HOURS
BETWEEN SIX O'CLOCK IN THE MORNING AND NINE O'CLOCK IN THE EVENING  EACH
WEEK DAY DURING THE EARLY VOTING PERIOD.
  (B)  AT  LEAST  ONE  POLLING  PLACE FOR EARLY VOTING SHALL REMAIN OPEN
UNTIL NO EARLIER THAN EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO  WEEK
DAYS  IN  EACH  CALENDAR WEEK DURING THE EARLY VOTING PERIOD. IF POLLING
PLACES FOR EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS  PURSU-
ANT  TO  SUBDIVISION  THREE  OF THIS SECTION, POLLING PLACES THAT REMAIN
OPEN UNTIL NO EARLIER THAN EIGHT O'CLOCK SHALL BE DESIGNATED  SUCH  THAT
ANY  PERSON  ENTITLED TO VOTE EARLY MAY VOTE UNTIL NO EARLIER THAN EIGHT
O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK DAYS DURING THE EARLY VOTING
PERIOD.
  (C) POLLS SHALL BE OPEN FOR EARLY  VOTING  FOR  AT  LEAST  FIVE  HOURS
BETWEEN  NINE  O'CLOCK  IN THE MORNING AND SIX O'CLOCK IN THE EVENING ON
EACH SATURDAY, SUNDAY AND LEGAL HOLIDAY DURING THE EARLY VOTING PERIOD.
  (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT  ANY  BOARD
OF  ELECTIONS  FROM  ESTABLISHING  A  GREATER NUMBER OF HOURS FOR VOTING
DURING THE EARLY VOTING PERIOD BEYOND THE NUMBER OF  HOURS  REQUIRED  IN
THIS SUBDIVISION.
  (E)  HOURS  OF  OPERATION FOR POLLING PLACES FOR EARLY VOTING SHALL BE
DESIGNATED BY MAY FIRST OF EACH YEAR,  ALONG  WITH  THE  DESIGNATION  OF
POLLING  PLACES  PURSUANT  TO  SUBDIVISION  ONE OF SECTION 4-104 OF THIS
CHAPTER, AND SHALL BE EFFECTIVE FOR ONE YEAR THEREAFTER.

S. 3813--A                          5

  5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY. SUCH PLAN MAY  UTILIZE
ANY  AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL PUBLICIZE:
THE LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES  FOR
EARLY  VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS ACCESSIBLE
TO VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE  TO
VOTERS  THAT  IF  THEY CAST A BALLOT DURING THE EARLY VOTING PERIOD THEY
WILL NOT BE ALLOWED TO VOTE ON ELECTION DAY; AND IF POLLING  PLACES  FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION  THREE  OF  THIS  SECTION, THE LOCATION OF THE POLLING PLACES FOR
EARLY VOTING SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN  OR  OTHER
POLITICAL SUBDIVISION.
  6.  THE  FORM  OF PAPER BALLOTS, IF USED IN EARLY VOTING, SHALL COMPLY
WITH THE PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE APPLICABLE
TO VOTING BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE  CAST
IN  THE  SAME  MANNER  AS PROVIDED FOR IN SECTION 8-312 OF THIS ARTICLE,
PROVIDED HOWEVER THAT BALLOTS CAST DURING THE EARLY VOTING PERIOD  SHALL
NOT BE CANVASSED UNTIL AFTER THE CLOSE OF THE POLLS ON ELECTION DAY.
  7.  VOTERS  CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE SUBJECT TO
CHALLENGE AS PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF  THIS  ARTI-
CLE.
  8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
EACH  DAY  OF  EARLY VOTING, ANY EARLY VOTING BALLOTS THAT HAVE NOT BEEN
SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CANVASSED
IN A MANNER CONSISTENT WITH SECTION 9-110 OF THIS CHAPTER,  EXCEPT  THAT
ANY  BALLOTS  THAT  WOULD OTHERWISE BE SCANNED AT THE CLOSE OF THE POLLS
PURSUANT TO SUCH SECTION SHALL BE SCANNED AT THE  CLOSE  OF  EACH  DAY'S
EARLY VOTING.
  9.  THE  BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND SCANNERS USED
FOR EARLY VOTING FROM THE BEGINNING OF THE EARLY VOTING  PERIOD  THROUGH
THE  CLOSE  OF THE POLLS OF THE ELECTION ON ELECTION DAY. AS SOON AS THE
POLLS OF THE ELECTION ARE  CLOSED  ON  ELECTION  DAY,  AND  NOT  BEFORE,
INSPECTORS  OR  BOARD  OF  ELECTIONS EMPLOYEES SHALL FOLLOW ALL RELEVANT
PROVISIONS OF ARTICLE NINE OF THIS CHAPTER  THAT  ARE  NOT  INCONSISTENT
WITH THIS SECTION, FOR CANVASSING, PROCESSING, RECORDING, AND ANNOUNCING
RESULTS  OF  VOTING  AT  POLLING  PLACES  FOR EARLY VOTING, AND SECURING
BALLOTS, SCANNERS, AND OTHER ELECTION MATERIALS.
  S 8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY VOTING.
ANY  RULE  OR  REGULATION  NECESSARY  FOR  THE  IMPLEMENTATION  OF   THE
PROVISIONS  OF  THIS  TITLE  SHALL  BE PROMULGATED BY THE STATE BOARD OF
ELECTIONS  PROVIDED  THAT  SUCH  RULES  AND  REGULATIONS  SHALL  INCLUDE
PROVISIONS  TO  ENSURE  THAT  BALLOTS  CAST EARLY, BY ANY METHOD ALLOWED
UNDER LAW, ARE COUNTED AND CANVASSED AS IF CAST  ON  ELECTION  DAY.  THE
STATE  BOARD  OF  ELECTIONS  SHALL  PROMULGATE ANY OTHER RULES AND REGU-
LATIONS NECESSARY TO ENSURE AN EFFICIENT AND FAIR EARLY  VOTING  PROCESS
THAT RESPECTS THE PRIVACY OF THE VOTER. PROVIDED FURTHER THAT SUCH RULES
AND  REGULATIONS  SHALL  REQUIRE THAT THE VOTING HISTORY RECORD FOR EACH
VOTER BE CONTINUALLY UPDATED TO REFLECT EACH INSTANCE OF EARLY VOTING BY
SUCH VOTER.
  S 8. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to any
election held one hundred twenty days or more after it shall have  taken
effect.

co-Sponsors

View additional co-sponsors

2015-S3813B - Details

See Assembly Version of this Bill:: A8582
Current Committee:: Senate Local Government
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 4-117, 8-100, 8-102, 8-104 & 8-508, add Art 8 Title 6 §§8-600 - 8-602, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1461
2017-2018: S2950, A2064, A9608
2019-2020: A780

2015-S3813B - Summary

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.

2015-S3813B - Sponsor Memo

                                 BILL NUMBER:  S3813B

 TITLE OF BILL :  An act to amend the election law, in relation to
early voting; and to repeal certain provisions of such law relating
thereto

 PURPOSE :

This bill establishes a system to permit eligible voters throughout
the state to vote in person during a designated period prior to any
primary, special, or general election day.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill amends Section 3-400 of the election law by
adding a new subdivision 9 to clarify the manner in which election
inspectors and poll clerks are to be appointed for polling places for
early voting, and setting a standard for wait times for early voting
not to exceed thirty minutes.

Section two of the bill amends section 4-117 of the election law by
adding a new subdivision 1-a to require the board of elections to
notify voters annually of the days, hours, and locations of polling
places for early voting. The board of elections may satisfy this
requirement by providing instructions in the notice regarding how to
get the information via the internet or by phone.

Section three of the bill repeals subdivision 2 of section 8-100 of
the election law and replaces it with a new subdivision 2 that gives
the board of elections of each county and of New York City some
discretion over the start and end times of voting on primary, general,
special, and other elections. For most elections, polling places are
currently required to be open from 6:00 a.m. to 9:00 p.m.  The new
provisions would give counties and New York City the option of opening
polling places at 7:00 a.m. and closing them at 8:00 p.m.  Counties
where the current opening time of polling places for primaries is
12:00 noon would have the option of opening at 11:00 a.m.

Section four of the bill amends subdivision 1 of section 8-102 of the
election law by adding a new paragraph (k) to apply the provisions of
article 8 of the election law to early voting, except for certain
provisions related to tabulation and proclamation of results.

Section five of the bill amends section 8-104 of the election law by
adding a new subdivision 7 to note that section 8-104 applies on early
voting days.

Section six of the bill amends paragraph (b) of subdivision 2 of
section 8-508 of the election law to provide that challenges of voters
on early voting days should be included on the same type of report
that records challenges on election day.

Section seven of the bill amends article 8 of the election law by
adding a new title 6, with new sections 8-600 and 8-602, setting out
the process for early voting.

Subdivision one of section 8-600 of the new title specifies that early
voting begins on the thirteenth day prior to any general, primary or
special election and ends and includes the second day prior (i.e., on
the Sunday before a Tuesday election day). The subdivision also
requires boards of elections to establish procedures to ensure that
persons who vote during the early voting period aren't permitted to
vote subsequently in the same election.

Subdivision two of section 8-600 of the new title specifies in
paragraphs (a), (b), and (c) the number of required polling places for
early voting. The required number depends on the number of registered
voters in each county, with one polling place for each full increment
of 50,000 registered voters, but no fewer than one and no more than
seven sites required in each county. Counties would be able to add
more at their discretion or, in certain circumstances, reduce the
number below that otherwise required. Paragraph (d) of the subdivision
requires locations to be chosen to give all eligible voters adequate,
equitable access to early voting, to the extent practicable, and
specifies certain factors to be considered in location decisions.
Paragraph (d) also applies the provisions of section 4-104 of the
election law to the designation of polling places for early voting;
these are the existing requirements for siting polling places for
election day voting.

Subdivision three of section 8-600 of the new title requires that all
voters should generally be able to vote at any polling place for early
voting in their county, but allows for an exception if this would be
impractical.

Subdivision four of section 8-600 of the new title sets requirements
for hours early voting must be available in each county, with
substantial flexibility for the counties. Polls would be open for
early voting for at least 8 hours between 7:00 a.m. and 8:00 p.m. on
weekdays, provided that one site at which all eligible voters may vote
shall remain open until at least 8:00 p.m. on two weekdays in each
calendar week of the early voting period, and for at least 5 hours
between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays, and legal
holidays. Counties would have the option of providing additional hours
as well. They would be required to designate the standard hours of
operation for early voting by May 1st each year; this is the day
boards of elections must designate polling places for the coming year
under existing law.

Subdivision five of section 8-600 of the new title requires each board
of elections to create a communication plan to inform eligible voters
of the opportunity to vote early.

Subdivision six of section 8-600 of the new title applies existing
requirements for paper ballots to those to be used for early voting.

Subdivision seven of section 8-600 of the new title applies existing
requirements related to voter challenges to early voting.

Subdivisions eight and nine of section 8-600 of the new title set out
provisions for handling ballots and scanners at the end of each day of
early voting and after the polls close on election day. Generally, the
new subdivisions apply the same process for canvassing, tabulating,
and announcing results that already apply on election day, with some
minor adjustments to reflect that fact that early voting occurs over
multiple days. No results for early voting would be tabulated before
the polls close on election day.

Section 8-602 of the new title sets forth certain powers and duties of
the state board of elections to make rules regarding early voting.

Section eight of the bill sets forth the effective date.

 JUSTIFICATION :

Given the vital role that voting plays in a participatory democracy,
New York should ensure that our elections are run in ways that meet
contemporary standards for accessibility, equity, and efficiency.
Providing eligible voters the opportunity to vote in person during a
designated period before election day would be a major step towards
achieving this goal.

Early voting would make it less burdensome for New Yorkers to access
the polls and exercise their civic obligation to vote. Early voting
would reduce inequity, because some voters have greater difficulty
than others arranging to vote on a single designated day. And early
voting would improve the efficiency of elections from the perspective
of election administrators, as well as voters, by spreading the work
of managing elections over a longer period of time, alleviating some
of the problems that are created by the current system of having all
in-person voting take place in a single day, such as long lines at the
polls and exhausted poll workers.

Establishing an 12-day early voting period running until the Sunday
before election day would give busy New Yorkers, who often must juggle
many personal, family, and work obligations, more flexibility in
finding a time to vote. Those who are unable to vote on election day
should not be excluded from participating in the democratic process
merely because they are unavailable on a single day.

Of particular importance in establishing an early voting period is the
addition of weekend hours for in-person voting. Due to their own work
schedules or those of partners with whom they share responsibilities
as caregivers, many people have time to vote on the weekend that they
do not have on weekdays.

In order to ensure that early voting is instituted in a practical,
efficient, and cost effective manner, this bill takes into account the
wide variation in characteristics of different counties throughout the
state, by providing county boards of elections with flexibility to
establish locations and hours for early voting that are tailored to
the unique circumstances of their respective counties. This
flexibility is balanced by minimum standards that would ensure that
all voters have a meaningful opportunity to vote early.

The most significant way the bill allows for variations among counties
relates to the number of polling places each county would be required
to provide for early voting. New York's least populous county has
fewer than 5,000 residents whereas its most populous has more than 2.5
million. To account for this wide variation, the minimum number of
polling places for early voting required in each county would be based
on a tiered system, with one site per 50,000 registered voters, up to
a maximum of 7 required sites. The mandated number for each county
would represent a minimum requirement; county boards of elections
would be permitted to establish additional polling places at their
discretion.

The bill also contains several additional guidelines for the
establishment of polling places for early voting to enhance the
effectiveness of early voting and ensure that localities have the
discretion to implement it efficiently.

First, to the extent practicable, county boards of elections would be
required to designate polling places in locations that maximize
accessibility for eligible voters. The bill incorporates various
guidelines that already apply to siting of election day polling
places.

Second, while the general rule established in the bill is that every
eligible voter would be permitted to vote at any polling place in the
county where he or she is registered, the bill recognizes that this
may not always be practical because of the number of distinct ballot
types that might be required at each polling place, and other factors.
Therefore, the board of elections in each county would have the
discretion to choose to make certain polling places serve only a
portion of the county, provided that every voter has at least one
polling place to vote early.

Another way the bill allows for variations among counties relates to
the hours for early voting. The bill establishes guidelines for the
minimum number of hours that polling places for early voting would be
required to be open, ensuring that all voters would have meaningful
opportunities to avail themselves of the option to vote early. On the
other hand, county boards of elections would have the discretion to
set the specific hours for each polling place, to reflect the distinct
needs and preferences of New Yorkers in different parts of the state.
These provisions would require that all early voting sites are open
for at least eight hours on weekdays, including two days a week with
evening hours, and for at least five hours on weekends and holidays.
The requirement of evening hours two days a week overlaps somewhat
with the existing requirement in election law section 3-214 requiring
that board of elections offices maintain extended hours on two
weekdays in the two weeks prior to any general election.

In addition to flexibility in the manner in which early voting would
be implemented, the bill also provides some reduction in the hours
currently mandated for polling on election day. Specifically, the bill
amends current election law to allow for county boards of election, at
their discretion, to open the polls an hour later and close them an
hour earlier on election day than they are currently permitted to.

The current mandate that most polling places (and all polling places
on general election day) must be open for 15 hours, from 6:00 a.m. to
9:00 p.m., is more stringent than the law in any other state. While
this may be admirable from the perspective of promoting voter
participation, it makes administering election day operations more
difficult, and more costly. By providing an opportunity for voters to
cast ballots on any of 12 prior days, and likely diminishing the
number of voters who choose to vote on election day, this bill reduces
the need for polling places to be open for so many hours on election
day itself.

As such, the bill would offer local boards of elections the option of
opening polling places one hour later and closing them one hour
earlier than the current mandated times. In addition to being a
reflection of that fact that early voting is now available to all
voters, this change is also appropriate given the additional time that
it takes in recent years, with electronic scanner voting systems that
have been implemented, to start up and close down polling places. A
shorter day may also mean less exhaustion for election administrators
and workers, who are called upon to do difficult jobs over a very long
day. Finally, boards of elections that choose to reduce the hours
polling places are open throughout their counties may save cost
currently incurred by the boards and the localities that assist with
election administration, security, building maintenance, etc.; such
savings may partially, or perhaps wholly in some cases, offset the
cost of implementing early voting.

Thirty-three states and the District of Columbia have already
instituted in-person early voting in one form or another. For all the
foregoing reason, New York should do the same, and support the right
of all New Yorkers to meet their civic obligations and participate in
our democracy in a reasonable, accessible manner.

 FISCAL IMPLICATIONS :

There will be some costs associated with early voting related to
staffing polling places, providing outreach materials to educate the
public about the new procedures, and other aspects of administering
the system. Some localities may receive savings from reducing hours of
voting on election day, as permitted but not required by the bill.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to any
election held one hundred twenty days or more after it shall have
taken effect.

2015-S3813B - Bill Text download pdf

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

                                 3813--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 18, 2015
                               ___________

Introduced  by Sens. STEWART-COUSINS, AVELLA, COMRIE, GIANARIS, HOYLMAN,
  KRUEGER, 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

AN ACT to amend the election law, in relation to early  voting;  and  to
  repeal certain provisions of such law relating thereto

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

  Section 1. Section 3-400 of the election law is amended  by  adding  a
new subdivision 9 to read as follows:
  9.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  THIS  ARTICLE,
ELECTION INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR  EARLY
VOTING,  SHALL  CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES WHO SHALL
BE APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED  INDI-
VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS
TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
FOR  EARLY  VOTING  SHALL BE EQUALLY DIVIDED BETWEEN THE MAJOR POLITICAL
PARTIES. THE BOARD OF ELECTIONS  SHALL  ASSIGN  STAFF  AND  PROVIDE  THE
RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
EXCEED THIRTY MINUTES.
  S  2.  Section  4-117  of  the election law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. THE NOTICE REQUIRED BY SUBDIVISION  ONE  OF  THIS  SECTION  SHALL
INCLUDE  THE  DATES, HOURS AND LOCATIONS OF EARLY VOTING FOR THE GENERAL
AND PRIMARY ELECTION. THE BOARD OF  ELECTIONS  MAY  SATISFY  THE  NOTICE
REQUIREMENT  OF THIS SUBDIVISION BY PROVIDING IN THE NOTICE INSTRUCTIONS
TO OBTAIN THE REQUIRED EARLY VOTING INFORMATION FROM A  WEBSITE  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02563-03-6

S. 3813--B                          2

BOARD  OF ELECTIONS AND PROVIDING A PHONE NUMBER TO CALL FOR SUCH INFOR-
MATION.
  S  3.  Subdivision  2 of section 8-100 of the election law is REPEALED
and a new subdivision 2 is added to read as follows:
  2. (A) THE BOARD OF ELECTIONS OF EACH COUNTY AND OF THE  CITY  OF  NEW
YORK  SHALL  DESIGNATE  HOURS POLLS SHALL BE OPEN FOR VOTING, SUBJECT TO
THE REQUIREMENTS OF THIS SUBDIVISION.
  (B) IN THE CITY OF NEW YORK OR IN THE COUNTY OF NASSAU, SUFFOLK, WEST-
CHESTER, ROCKLAND, ORANGE, PUTNAM OR ERIE, FOR A PRIMARY  ELECTION,  THE
DESIGNATED  TIME  POLLS  SHALL OPEN SHALL BE NO EARLIER THAN SIX O'CLOCK
AND NO LATER THAN SEVEN O'CLOCK IN THE MORNING.
  (C) IN ANY COUNTY OTHER THAN IN THE CITY OF NEW YORK OR  THE  COUNTIES
OF NASSAU, SUFFOLK, WESTCHESTER, ROCKLAND, ORANGE, PUTNAM OR ERIE, FOR A
PRIMARY ELECTION THE DESIGNATED TIME POLLS SHALL OPEN SHALL BE NO EARLI-
ER  THAN  ELEVEN O'CLOCK IN THE MORNING AND NO LATER THAN TWELVE O'CLOCK
NOON.
  (D) FOR A GENERAL, SPECIAL, OR OTHER  ELECTION,  EXCEPT  AS  OTHERWISE
PROVIDED BY LAW, THE DESIGNATED TIME POLLS SHALL OPEN SHALL BE NO EARLI-
ER THAN SIX O'CLOCK AND NO LATER THAN SEVEN O'CLOCK IN THE MORNING.
  (E)  FOR  ANY  PRIMARY, GENERAL, SPECIAL, OR OTHER ELECTION, EXCEPT AS
OTHERWISE PROVIDED BY LAW, THE DESIGNATED TIME POLLS SHALL  CLOSE  SHALL
BE  NO  EARLIER THAN EIGHT O'CLOCK AND NO LATER THAN NINE O'CLOCK IN THE
EVENING.
  S 4. Subdivision 1 of section 8-102 of the election law is amended  by
adding a new paragraph (k) to read as follows:
  (K)  VOTING  AT EACH POLLING PLACE FOR EARLY VOTING SHALL BE CONDUCTED
IN A MANNER CONSISTENT WITH THE PROVISIONS OF  THIS  ARTICLE,  WITH  THE
EXCEPTION  OF  THE TABULATION AND PROCLAMATION OF ELECTION RESULTS WHICH
SHALL BE COMPLETED ACCORDING TO SUBDIVISIONS EIGHT AND NINE  OF  SECTION
8-600 OF THIS ARTICLE.
  S  5.  Section  8-104  of  the election law is amended by adding a new
subdivision 7 to read as follows:
  7. THIS SECTION SHALL APPLY ON ALL EARLY VOTING DAYS AS  PROVIDED  FOR
IN SECTION 8-600 OF THIS ARTICLE.
  S  6.  Paragraph (b) of subdivision 2 of section 8-508 of the election
law, as amended by chapter 200 of the laws of 1996, is amended  to  read
as follows:
  (b)  The second section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial  number
of each person who is challenged on the day of election OR ON ANY DAY IN
WHICH  THERE  IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
together with the reason for the challenge.   If  no  voters  are  chal-
lenged,  the  board  of inspectors shall enter the words "No Challenges"
across the space reserved for such names. In lieu of  preparing  section
two of the challenge report, the board of elections may provide, next to
the  name  of  each voter on the computer generated registration list, a
place for the inspectors of election to record the information  required
to be entered in such section two, or provide at the end of such comput-
er  generated  registration list, a place for the inspectors of election
to enter such information.
  S 7. 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.

S. 3813--B                          3

        8-602. STATE  BOARD  OF  ELECTIONS;  POWERS AND DUTIES FOR EARLY
                 VOTING.
  S  8-600.  EARLY  VOTING. 1. BEGINNING THE THIRTEENTH DAY PRIOR TO ANY
GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE, AND
ENDING ON AND INCLUDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR
SPECIAL ELECTION FOR SUCH PUBLIC OR PARTY OFFICE,  PERSONS  DULY  REGIS-
TERED  AND  ELIGIBLE TO VOTE AT SUCH ELECTION SHALL BE PERMITTED TO VOTE
AS PROVIDED IN THIS TITLE.  THE BOARD OF ELECTIONS OF  EACH  COUNTY  AND
THE  CITY OF NEW YORK SHALL ESTABLISH PROCEDURES, SUBJECT TO APPROVAL OF
THE STATE BOARD OF ELECTIONS, TO ENSURE THAT PERSONS WHO VOTE DURING THE
EARLY VOTING PERIOD SHALL NOT BE PERMITTED TO VOTE SUBSEQUENTLY  IN  THE
SAME ELECTION.
  2.  (A)  THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK
SHALL DESIGNATE POLLING PLACES FOR EARLY VOTING IN  EACH  COUNTY,  WHICH
MAY  INCLUDE  THE OFFICES OF THE BOARD OF ELECTIONS, FOR PERSONS TO VOTE
EARLY PURSUANT TO THIS SECTION. THERE SHALL BE SO  DESIGNATED  AT  LEAST
ONE  EARLY  VOTING POLLING PLACE FOR EVERY FULL INCREMENT OF FIFTY THOU-
SAND REGISTERED VOTERS IN EACH COUNTY; PROVIDED, HOWEVER, THE NUMBER  OF
EARLY  VOTING  POLLING  PLACES  IN  A COUNTY SHALL NOT BE REQUIRED TO BE
GREATER THAN SEVEN, AND A COUNTY WITH FEWER THAN FIFTY  THOUSAND  VOTERS
SHALL HAVE AT LEAST ONE EARLY VOTING POLLING PLACE.
  (B)  THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK MAY
ESTABLISH ADDITIONAL POLLING PLACES FOR EARLY VOTING IN  EXCESS  OF  THE
MINIMUM  NUMBER  REQUIRED  BY  THIS  SUBDIVISION  FOR THE CONVENIENCE OF
ELIGIBLE VOTERS WISHING TO VOTE DURING THE EARLY VOTING PERIOD.
  (C) NOTWITHSTANDING THE MINIMUM NUMBER  OF  EARLY  VOTING  POLL  SITES
OTHERWISE  REQUIRED  BY  THIS  SUBDIVISION,  FOR  ANY PRIMARY OR SPECIAL
ELECTION, UPON MAJORITY VOTE OF THE BOARD OF ELECTIONS,  THE  NUMBER  OF
EARLY  VOTING  SITES MAY BE REDUCED IF THE BOARD OF ELECTIONS REASONABLY
DETERMINES A LESSER NUMBER OF SITES IS SUFFICIENT TO MEET THE  NEEDS  OF
EARLY VOTERS.
  (D) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED TO ENSURE, TO THE
EXTENT PRACTICABLE, THAT ELIGIBLE VOTERS HAVE ADEQUATE EQUITABLE ACCESS,
TAKING INTO CONSIDERATION POPULATION DENSITY, TRAVEL TIME TO THE POLLING
PLACE,  PROXIMITY  TO  OTHER  LOCATIONS  OR COMMONLY USED TRANSPORTATION
ROUTES AND SUCH OTHER FACTORS THE BOARD OF ELECTIONS OF  THE  COUNTY  OR
THE  CITY OF NEW YORK DEEMS APPROPRIATE. THE PROVISIONS OF SECTION 4-104
OF THIS CHAPTER, EXCEPT SUBDIVISIONS FOUR  AND  FIVE  OF  SUCH  SECTION,
SHALL APPLY TO THE DESIGNATION OF POLLING PLACES FOR EARLY VOTING EXCEPT
TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT WITH THIS SECTION.
  3.  ANY  PERSON PERMITTED TO VOTE EARLY MAY DO SO AT ANY POLLING PLACE
FOR EARLY VOTING ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
IN THE COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE. PROVIDED, HOWEVER,
(A) IF IT IS IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY  VOTING
ALL  APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON IN THE COUNTY,
OR (B) IF PERMITTING SUCH PERSONS TO VOTE EARLY  AT  ANY  POLLING  PLACE
ESTABLISHED  FOR  EARLY  VOTING WOULD MAKE IT IMPRACTICAL TO ENSURE THAT
SUCH VOTER HAS NOT PREVIOUSLY VOTED  EARLY  DURING  SUCH  ELECTION,  THE
BOARD  OF  ELECTIONS  MAY  DESIGNATE EACH POLLING PLACE FOR EARLY VOTING
ONLY FOR THOSE VOTERS REGISTERED TO VOTE IN A PORTION OF THE  COUNTY  TO
BE  SERVED  BY  SUCH  POLLING  PLACE FOR EARLY VOTING, PROVIDED THAT ALL
VOTERS IN EACH COUNTY SHALL HAVE ONE OR MORE  POLLING  PLACES  AT  WHICH
THEY  ARE  ELIGIBLE  TO  VOTE  THROUGHOUT  THE  EARLY VOTING PERIOD ON A
SUBSTANTIALLY EQUAL BASIS.

S. 3813--B                          4

  4. (A) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST  EIGHT  HOURS
BETWEEN  SEVEN  O'CLOCK  IN THE MORNING AND EIGHT O'CLOCK IN THE EVENING
EACH WEEK DAY DURING THE EARLY VOTING PERIOD.
  (B)  AT  LEAST  ONE  POLLING  PLACE FOR EARLY VOTING SHALL REMAIN OPEN
UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO  WEEK  DAYS  IN  EACH
CALENDAR  WEEK  DURING  THE EARLY VOTING PERIOD.   IF POLLING PLACES FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION, POLLING  PLACES  THAT  REMAIN  OPEN  UNTIL
EIGHT  O'CLOCK SHALL BE DESIGNATED SUCH THAT ANY PERSON ENTITLED TO VOTE
EARLY MAY VOTE UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST  TWO  WEEK
DAYS DURING THE EARLY VOTING PERIOD.
  (C)  POLLS  SHALL  BE  OPEN  FOR  EARLY VOTING FOR AT LEAST FIVE HOURS
BETWEEN NINE O'CLOCK IN THE MORNING AND SIX O'CLOCK IN  THE  EVENING  ON
EACH SATURDAY, SUNDAY AND LEGAL HOLIDAY DURING THE EARLY VOTING PERIOD.
  (D)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY BOARD
OF ELECTIONS FROM ESTABLISHING A GREATER  NUMBER  OF  HOURS  FOR  VOTING
DURING  THE  EARLY  VOTING PERIOD BEYOND THE NUMBER OF HOURS REQUIRED IN
THIS SUBDIVISION.
  (E) EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY
VOTING AT A GENERAL ELECTION SHALL BE DESIGNATED BY MAY  FIRST  OF  EACH
YEAR  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION 4-104 OF THIS CHAPTER.
NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF  SECTION  4-104  OF
THIS  CHAPTER REQUIRING POLL SITE DESIGNATION BY MAY FIRST, EARLY VOTING
POLLING PLACES AND THEIR HOURS OF  OPERATION  FOR  EARLY  VOTING  FOR  A
PRIMARY OR SPECIAL ELECTION SHALL BE MADE NOT LATER THAN FORTY-FIVE DAYS
BEFORE SUCH PRIMARY OR SPECIAL ELECTION.
  5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY.  SUCH PLAN MAY UTILIZE
ANY  AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL PUBLICIZE:
THE LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES  FOR
EARLY  VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS ACCESSIBLE
TO VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE  TO
VOTERS  THAT  IF  THEY CAST A BALLOT DURING THE EARLY VOTING PERIOD THEY
WILL NOT BE ALLOWED TO VOTE ELECTION DAY;  AND  IF  POLLING  PLACES  FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION  THREE  OF  THIS  SECTION, THE LOCATION OF THE POLLING PLACES FOR
EARLY VOTING SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN  OR  OTHER
POLITICAL SUBDIVISION.
  6.  THE  FORM  OF PAPER BALLOTS USED IN EARLY VOTING SHALL COMPLY WITH
THE PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE  APPLICABLE  TO
VOTING  BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE CAST IN
THE SAME MANNER AS PROVIDED  FOR  IN  SECTION  8-312  OF  THIS  ARTICLE,
PROVIDED,  HOWEVER,  THAT  BALLOTS  CAST  DURING THE EARLY VOTING PERIOD
SHALL BE SECURED IN THE MANNER OF VOTED BALLOTS CAST ON ELECTION DAY AND
SUCH BALLOTS SHALL NOT BE CANVASSED OR EXAMINED UNTIL AFTER THE CLOSE OF
THE POLLS ON ELECTION DAY, AND NO  UNOFFICIAL  TABULATIONS  OF  ELECTION
RESULTS  SHALL  BE PRINTED OR VIEWED IN ANY MANNER UNTIL AFTER THE CLOSE
OF POLLS ON ELECTION DAY.
  7. VOTERS CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE  SUBJECT  TO
CHALLENGE  AS  PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF THIS ARTI-
CLE.
  8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
EACH DAY OF EARLY VOTING, ANY EARLY VOTING BALLOTS THAT  HAVE  NOT  BEEN
SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CAST IN A
MANNER  CONSISTENT  WITH  SECTION 9-110 OF THIS CHAPTER, EXCEPT THAT ANY

S. 3813--B                          5

BALLOTS THAT WOULD OTHERWISE BE SCANNED AT THE CLOSE OF THE POLLS PURSU-
ANT TO SUCH SECTION SHALL BE SCANNED AT THE CLOSE OF  EACH  DAY'S  EARLY
VOTING.
  9.  THE  BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND SCANNERS USED
FOR EARLY VOTING FROM THE BEGINNING OF THE EARLY VOTING  PERIOD  THROUGH
THE  CLOSE  OF THE POLLS OF THE ELECTION ON ELECTION DAY. AS SOON AS THE
POLLS OF THE ELECTION ARE  CLOSED  ON  ELECTION  DAY,  AND  NOT  BEFORE,
INSPECTORS  OR  BOARD  OF  ELECTIONS EMPLOYEES SHALL FOLLOW ALL RELEVANT
PROVISIONS OF ARTICLE NINE OF THIS CHAPTER  THAT  ARE  NOT  INCONSISTENT
WITH THIS SECTION, FOR CANVASSING, PROCESSING, RECORDING, AND ANNOUNCING
RESULTS  OF  VOTING  AT  POLLING  PLACES  FOR EARLY VOTING, AND SECURING
BALLOTS, SCANNERS, AND OTHER ELECTION MATERIALS.
  S 8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY VOTING.
ANY  RULE  OR  REGULATION  NECESSARY  FOR  THE  IMPLEMENTATION  OF   THE
PROVISIONS  OF  THIS  TITLE  SHALL  BE PROMULGATED BY THE STATE BOARD OF
ELECTIONS  PROVIDED  THAT  SUCH  RULES  AND  REGULATIONS  SHALL  INCLUDE
PROVISIONS  TO  ENSURE  THAT  BALLOTS  CAST EARLY, BY ANY METHOD ALLOWED
UNDER LAW, ARE COUNTED AND CANVASSED AS IF CAST  ON  ELECTION  DAY.  THE
STATE  BOARD  OF  ELECTIONS  SHALL  PROMULGATE ANY OTHER RULES AND REGU-
LATIONS NECESSARY TO ENSURE AN EFFICIENT AND FAIR EARLY  VOTING  PROCESS
THAT  RESPECTS  THE  PRIVACY  OF THE VOTER. PROVIDED, FURTHER, THAT SUCH
RULES AND REGULATIONS SHALL REQUIRE THAT THE VOTING HISTORY  RECORD  FOR
EACH  VOTER  BE  CONTINUALLY  UPDATED  TO REFLECT EACH INSTANCE OF EARLY
VOTING BY SUCH VOTER.
  S 8. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to any
election held 120 days or more after it shall have taken effect.

co-Sponsors

View additional co-sponsors

2015-S3813C (ACTIVE) - Details

See Assembly Version of this Bill:: A8582
Current Committee:: Senate Local Government
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 4-117, 8-100, 8-102, 8-104 & 8-508, add Art 8 Title 6 §§8-600 - 8-602, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1461
2017-2018: S2950, A2064, A9608
2019-2020: A780

2015-S3813C (ACTIVE) - Summary

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.

2015-S3813C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3813C

 TITLE OF BILL :  An act to amend the election law, in relation to
early voting

 PURPOSE :

This bill establishes a system to permit eligible voters throughout
the state to vote in person during a designated period prior to any
primary, special, or general election day.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill amends Section 3-400 of the election law by
adding a new subdivision 9 to clarify the manner in which election
inspectors and poll clerks are to be appointed for polling places for
early voting, and setting a standard for wait times for early voting
not to exceed thirty minutes.

Section two of the bill amends section 4-117 of the election law by
adding a new subdivision 1-a to require the board of elections to
notify voters annually of the days, hours, and locations of polling
places for early voting. The board of elections may satisfy this
requirement by providing instructions in the notice regarding how to
get the information via the internet or by phone.

Section three of the bill amends subdivision 2 of section 8-100 of the
election law to require that polls for a primary election in Nassau,
Suffolk, Westchester, Rockland, Orange, Putnam and Erie open at seven
o'clock in the morning, and for a special election and every other
election open at seven o'clock in the morning, except for a general
election in which polls shall open at six o'clock in the morning, and
to state that early voting hours shall be as set forth in section
8-600.

Section four of the bill amends subdivision 1 of section 8-102 of the
election law by adding a new paragraph (k) to apply the provisions of
article 8 of the election law to early voting, except for certain
provisions related to tabulation and proclamation of results.

Section five of the bill amends section 8-104 of the election law by
adding a new subdivision 7 to note that section 8-104 applies on early
voting days.

Section six of the bill amends paragraph (b) of subdivision 2 of
section 8-508 of the election law to provide that challenges of voters
on early voting days should be included on the same type of report
that records challenges on election day.

Section seven of the bill amends article 8 of the election law by
adding a new title 6, with new sections 8-600 and 8-602, setting out
the process for early voting.

Subdivision one of section 8-600 of the new title specifies that early
voting begins on the eighth day prior to any general, primary or
special election and ends and includes the second day prior (i.e., on
the Sunday before a Tuesday election day). The subdivision also
requires boards of elections to establish procedures to ensure that
persons who vote during the early voting period aren't permitted to
vote subsequently in the same election.

Subdivision two of section 8-600 of the new title specifies in
paragraphs (a), (b), and (c) the number of required polling places for
early voting. The required number depends on the number of registered
voters in each county, with one polling place for each full increment
of 50,000 registered voters, but no fewer than one and no more than
seven sites required in each county. Counties would be able to add
more at their discretion or, in certain circumstances, reduce the
number below that otherwise required. Paragraph (d) of the subdivision
requires locations to be chosen to give all eligible voters adequate,
equitable access to early voting, to the extent practicable, and
specifies certain factors to be considered in location decisions.
Paragraph (d) also applies the provisions of section 4-104 of the
election law to the designation of polling places for early voting;
these are the existing requirements for siting polling places for
election day voting.

Subdivision three of section 8-600 of the new title requires that all
voters should generally be able to vote at any polling place for early
voting in their county, but allows for an exception if this would be
impractical.

Subdivision four of section 8-600 of the new title sets requirements
for hours early voting must be available in each county, with
substantial flexibility for the counties. Polls would be open for
early voting for at least 8 hours between 7:00 a.m. and 8:00 p.m. on
weekdays, provided that one site at which all eligible voters may vote
shall remain open until at least 8:00 p.m. on two weekdays in each
calendar week of the early voting period, and for at least 5 hours
between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays, and legal
holidays. Counties would have the option of providing additional hours
as well. They would be required to designate the standard hours of
operation for early voting by May 1st each year; this is the day
boards of elections must designate polling places for the coming year
under existing law.

Subdivision five of section 8-600 of the new title requires each board
of elections to create a communication plan to inform eligible voters
of the opportunity to vote early.

Subdivision six of section 8-600 of the new title applies existing
requirements for paper ballots to those to be used for early voting.

Subdivision seven of section 8-600 of the new title applies existing
requirements related to voter challenges to early voting.

Subdivisions eight, nine, ten, and eleven of section 8-600 of the new
title set out provisions for handling ballots and scanners at the end
of each day of early voting and after the polls close on election day.
Generally, the new subdivisions apply the same process for canvassing,
tabulating, and announcing results that already apply on election day,
with some minor adjustments to reflect that fact that early voting
occurs over multiple days. No results for early voting would be
tabulated before the polls close on election day.

Section 8-602 of the new title sets forth certain powers and duties of
the state board of elections to make rules regarding early voting.

Section eight of the bill sets forth the effective date.

 JUSTIFICATION :

Given the vital role that voting plays in a participatory democracy,
New York should ensure that our elections are run in ways that meet
contemporary standards for accessibility, equity, and efficiency.
Providing eligible voters the opportunity to vote in person during a
designated period before election day would be a major step towards
achieving this goal.

Early voting would make it less burdensome for New Yorkers to access
the polls and exercise their civic obligation to vote. Early voting
would reduce inequity, because some voters have greater difficulty
than others arranging to vote on a single designated day. And early
voting would improve the efficiency of elections from the perspective
of election administrators, as well as voters, by spreading the work
of managing elections over a longer period of time, alleviating some
of the problems that are created by the current system of having all
in-person voting take place in a single day, such as long lines at the
polls and exhausted poll workers.

Establishing an 7-day early voting period running until the Sunday
before election day would give busy New Yorkers, who often must juggle
many personal, family, and work obligations, more flexibility in
finding a time to vote. Those who are unable to vote on election day
should not be excluded from participating in the democratic process
merely because they are unavailable on a single day.

Of particular importance in establishing an early voting period is the
addition of weekend hours for in-person voting. Due to their own work
schedules or those of partners with whom they share responsibilities
as caregivers, many people have time to vote on the weekend that they
do not have on weekdays.

In order to ensure that early voting is instituted in a practical,
efficient, and cost effective manner, this bill takes into account the
wide variation in characteristics of different counties throughout the
state, by providing county boards of elections with flexibility to
establish locations and hours for early voting that are tailored to
the unique circumstances of their respective counties. This
flexibility is balanced by minimum standards that would ensure that
all voters have a meaningful opportunity to vote early.

The most significant way the bill allows for variations among counties
relates to the number of polling places each county would be required
to provide for early voting. New York's least populous county has
fewer than 5,000 residents whereas its most populous has more than 2.5
million. To account for this wide variation, the minimum number of
polling places for early voting required in each county would be based
on a tiered system, with one site per 50,000 registered voters, up to
a maximum of 7 required sites. The mandated number for each county
would represent a minimum requirement; county boards of elections
would be permitted to establish additional polling places at their
discretion.

The bill also contains several additional guidelines for the
establishment of polling places for early voting to enhance the
effectiveness of early voting and ensure that localities have the
discretion to implement it efficiently.

First, to the extent practicable, county boards of elections would be
required to designate polling places in locations that maximize
accessibility for eligible voters. The bill incorporates various
guidelines that already apply to siting of election day polling
places.

Second, while the general rule established in the bill is that every
eligible voter would be permitted to vote at any polling place in the
county where he or she is registered, the bill recognizes that this
may not always be practical because of the number of distinct ballot
types that might be required at each polling place, and other factors.
Therefore, the board of elections in each county would have the
discretion to choose to make certain polling places serve only a
portion of the county, provided that every voter has at least one
polling place to vote early.

Another way the bill allows for variations among counties relates to
the hours for early voting. The bill establishes guidelines for the
minimum number of hours that polling places for early voting would be
required to be open, ensuring that all voters would have meaningful
opportunities to avail themselves of the option to vote early. On the
other hand, county boards of elections would have the discretion to
set the specific hours for each polling place, to reflect the distinct
needs and preferences of New Yorkers in different parts of the state.
These provisions would require that all early voting sites are open
for at least eight hours on weekdays, including two days a week with
evening hours, and for at least five hours on weekends and holidays.
The requirement of evening hours two days a week overlaps somewhat
with the existing requirement in election law section 3-214 requiring
that board of elections offices maintain extended hours on two
weekdays in the two weeks prior to any general election.

Thirty-three states and the District of Columbia have already
instituted in-person early voting in one form or another. For all the
foregoing reason, New York should do the same, and support the right
of all New Yorkers to meet their civic obligations and participate in
our democracy in a reasonable, accessible manner.

 FISCAL IMPLICATIONS :

There will be some costs associated with early voting related to
staffing polling places, providing outreach materials to educate the
public about the new procedures, and other aspects of administering
the system.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to any
election held one hundred twenty days or more after it shall have
taken effect.

2015-S3813C (ACTIVE) - Bill Text download pdf

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

                                 3813--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            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:

  Section 1. Section 3-400 of the election law is amended  by  adding  a
new subdivision 9 to read as follows:
  9.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  THIS  ARTICLE,
ELECTION INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR  EARLY
VOTING,  SHALL  CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES WHO SHALL
BE APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED  INDI-
VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS
TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
FOR  EARLY  VOTING  SHALL BE EQUALLY DIVIDED BETWEEN THE MAJOR POLITICAL
PARTIES. THE BOARD OF ELECTIONS  SHALL  ASSIGN  STAFF  AND  PROVIDE  THE
RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
EXCEED THIRTY MINUTES.
  S  2.  Section  4-117  of  the election law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. THE NOTICE REQUIRED BY SUBDIVISION  ONE  OF  THIS  SECTION  SHALL
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

AND PRIMARY ELECTION. THE BOARD OF  ELECTIONS  MAY  SATISFY  THE  NOTICE
REQUIREMENT  OF THIS SUBDIVISION BY PROVIDING IN THE NOTICE INSTRUCTIONS
TO OBTAIN THE REQUIRED EARLY VOTING INFORMATION FROM A  WEBSITE  OF  THE
BOARD  OF ELECTIONS AND PROVIDING A PHONE NUMBER TO CALL FOR SUCH INFOR-
MATION.
  S 3. Subdivision 2 of section 8-100 of the election law, as amended by
chapter 335 of the laws of 2000, is amended to read as follows:
  2. Polls shall be open for voting during the following hours: a prima-
ry election from twelve o'clock noon until nine o'clock in the  evening,
except  in  the  city  of  New York and the counties of Nassau, Suffolk,
Westchester, Rockland, Orange, Putnam and Erie,  and  in  such  city  or
county from [six] SEVEN o'clock in the morning until nine o'clock in the
evening; the general election from six o'clock in the morning until nine
o'clock in the evening; a special election called by the governor pursu-
ant  to  the  public  officers law, and, except as otherwise provided by
law, every other election, from [six] SEVEN o'clock in the morning until
nine o'clock in the evening; EARLY VOTING HOURS SHALL BE AS PROVIDED  IN
SECTION 8-600 OF THIS ARTICLE.
  S  4. Subdivision 1 of section 8-102 of the election law is amended by
adding a new paragraph (k) to read as follows:
  (K) VOTING AT EACH POLLING PLACE FOR EARLY VOTING SHALL  BE  CONDUCTED
IN  A  MANNER  CONSISTENT  WITH THE PROVISIONS OF THIS ARTICLE, WITH THE
EXCEPTION OF THE TABULATION AND PROCLAMATION OF ELECTION  RESULTS  WHICH
SHALL  BE  COMPLETED ACCORDING TO SUBDIVISIONS EIGHT AND NINE OF SECTION
8-600 OF THIS ARTICLE.
  S 5. Section 8-104 of the election law is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  THIS  SECTION SHALL APPLY ON ALL EARLY VOTING DAYS AS PROVIDED FOR
IN SECTION 8-600 OF THIS ARTICLE.
  S 6. Paragraph (b) of subdivision 2 of section 8-508 of  the  election
law,  as  amended by chapter 200 of the laws of 1996, is amended to read
as follows:
  (b) The second section of such report shall be reserved for the  board
of  inspectors to enter the name, address and registration serial number
of each person who is challenged on the day of election OR ON ANY DAY IN
WHICH THERE IS EARLY VOTING PURSUANT TO SECTION 8-600 OF  THIS  ARTICLE,
together  with  the  reason  for the challenge.   If no voters are chal-
lenged, the board of inspectors shall enter the  words  "No  Challenges"
across  the  space reserved for such names. In lieu of preparing section
two of the challenge report, the board of elections may provide, next to
the name of each voter on the computer generated  registration  list,  a
place  for the inspectors of election to record the information required
to be entered in such section two, or provide at the end of such comput-
er generated registration list, a place for the inspectors  of  election
to enter such information.
  S  7. 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.
        8-602. STATE BOARD OF ELECTIONS; POWERS  AND  DUTIES  FOR  EARLY
                 VOTING.
  S 8-600. EARLY VOTING. 1. BEGINNING THE EIGHTH DAY PRIOR TO ANY GENER-
AL,  PRIMARY  OR  SPECIAL  ELECTION  FOR ANY PUBLIC OR PARTY OFFICE, AND
ENDING ON AND INCLUDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR
SPECIAL ELECTION FOR SUCH PUBLIC OR PARTY OFFICE,  PERSONS  DULY  REGIS-

S. 3813--C                          3

TERED  AND  ELIGIBLE TO VOTE AT SUCH ELECTION SHALL BE PERMITTED TO VOTE
AS PROVIDED IN THIS TITLE.  THE BOARD OF ELECTIONS OF  EACH  COUNTY  AND
THE  CITY OF NEW YORK SHALL ESTABLISH PROCEDURES, SUBJECT TO APPROVAL OF
THE STATE BOARD OF ELECTIONS, TO ENSURE THAT PERSONS WHO VOTE DURING THE
EARLY  VOTING  PERIOD SHALL NOT BE PERMITTED TO VOTE SUBSEQUENTLY IN THE
SAME ELECTION.
  2. (A) THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF  NEW  YORK
SHALL  DESIGNATE  POLLING  PLACES FOR EARLY VOTING IN EACH COUNTY, WHICH
MAY INCLUDE THE OFFICES OF THE BOARD OF ELECTIONS, FOR PERSONS  TO  VOTE
EARLY  PURSUANT  TO  THIS SECTION. THERE SHALL BE SO DESIGNATED AT LEAST
ONE EARLY VOTING POLLING PLACE FOR EVERY FULL INCREMENT OF  FIFTY  THOU-
SAND  REGISTERED VOTERS IN EACH COUNTY; PROVIDED, HOWEVER, THE NUMBER OF
EARLY VOTING POLLING PLACES IN A COUNTY SHALL  NOT  BE  REQUIRED  TO  BE
GREATER  THAN  SEVEN, AND A COUNTY WITH FEWER THAN FIFTY THOUSAND VOTERS
SHALL HAVE AT LEAST ONE EARLY VOTING POLLING PLACE.
  (B) THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK  MAY
ESTABLISH  ADDITIONAL  POLLING  PLACES FOR EARLY VOTING IN EXCESS OF THE
MINIMUM NUMBER REQUIRED BY  THIS  SUBDIVISION  FOR  THE  CONVENIENCE  OF
ELIGIBLE VOTERS WISHING TO VOTE DURING THE EARLY VOTING PERIOD.
  (C)  NOTWITHSTANDING  THE  MINIMUM  NUMBER  OF EARLY VOTING POLL SITES
OTHERWISE REQUIRED BY THIS  SUBDIVISION,  FOR  ANY  PRIMARY  OR  SPECIAL
ELECTION,  UPON  MAJORITY  VOTE OF THE BOARD OF ELECTIONS, THE NUMBER OF
EARLY VOTING SITES MAY BE REDUCED IF THE BOARD OF  ELECTIONS  REASONABLY
DETERMINES  A  LESSER NUMBER OF SITES IS SUFFICIENT TO MEET THE NEEDS OF
EARLY VOTERS.
  (D) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED TO ENSURE, TO THE
EXTENT PRACTICABLE, THAT ELIGIBLE VOTERS HAVE ADEQUATE EQUITABLE ACCESS,
TAKING INTO CONSIDERATION POPULATION DENSITY, TRAVEL TIME TO THE POLLING
PLACE, PROXIMITY TO OTHER  LOCATIONS  OR  COMMONLY  USED  TRANSPORTATION
ROUTES  AND  SUCH  OTHER FACTORS THE BOARD OF ELECTIONS OF THE COUNTY OR
THE CITY OF NEW YORK DEEMS APPROPRIATE. THE PROVISIONS OF SECTION  4-104
OF  THIS  CHAPTER,  EXCEPT  SUBDIVISIONS  FOUR AND FIVE OF SUCH SECTION,
SHALL APPLY TO THE DESIGNATION OF POLLING PLACES FOR EARLY VOTING EXCEPT
TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT WITH THIS SECTION.
  3. ANY PERSON PERMITTED TO VOTE EARLY MAY DO SO AT ANY  POLLING  PLACE
FOR EARLY VOTING ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
IN THE COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE. PROVIDED, HOWEVER,
(A)  IF IT IS IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY VOTING
ALL APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON IN THE  COUNTY,
OR  (B)  IF  PERMITTING  SUCH PERSONS TO VOTE EARLY AT ANY POLLING PLACE
ESTABLISHED FOR EARLY VOTING WOULD MAKE IT IMPRACTICAL  TO  ENSURE  THAT
SUCH  VOTER  HAS  NOT  PREVIOUSLY  VOTED EARLY DURING SUCH ELECTION, THE
BOARD OF ELECTIONS MAY DESIGNATE EACH POLLING  PLACE  FOR  EARLY  VOTING
ONLY  FOR  THOSE VOTERS REGISTERED TO VOTE IN A PORTION OF THE COUNTY TO
BE SERVED BY SUCH POLLING PLACE FOR  EARLY  VOTING,  PROVIDED  THAT  ALL
VOTERS  IN  EACH  COUNTY  SHALL HAVE ONE OR MORE POLLING PLACES AT WHICH
THEY ARE ELIGIBLE TO VOTE  THROUGHOUT  THE  EARLY  VOTING  PERIOD  ON  A
SUBSTANTIALLY EQUAL BASIS.
  4.  (A)  POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST EIGHT HOURS
BETWEEN SEVEN O'CLOCK IN THE MORNING AND EIGHT O'CLOCK  IN  THE  EVENING
EACH WEEK DAY DURING THE EARLY VOTING PERIOD.
  (B)  AT  LEAST  ONE  POLLING  PLACE FOR EARLY VOTING SHALL REMAIN OPEN
UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO  WEEK  DAYS  IN  EACH
CALENDAR  WEEK  DURING  THE EARLY VOTING PERIOD.   IF POLLING PLACES FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION, POLLING  PLACES  THAT  REMAIN  OPEN  UNTIL

S. 3813--C                          4

EIGHT  O'CLOCK SHALL BE DESIGNATED SUCH THAT ANY PERSON ENTITLED TO VOTE
EARLY MAY VOTE UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST  TWO  WEEK
DAYS DURING THE EARLY VOTING PERIOD.
  (C)  POLLS  SHALL  BE  OPEN  FOR  EARLY VOTING FOR AT LEAST FIVE HOURS
BETWEEN NINE O'CLOCK IN THE MORNING AND SIX O'CLOCK IN  THE  EVENING  ON
EACH SATURDAY, SUNDAY AND LEGAL HOLIDAY DURING THE EARLY VOTING PERIOD.
  (D)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY BOARD
OF ELECTIONS FROM ESTABLISHING A GREATER  NUMBER  OF  HOURS  FOR  VOTING
DURING  THE  EARLY  VOTING PERIOD BEYOND THE NUMBER OF HOURS REQUIRED IN
THIS SUBDIVISION.
  (E) EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY
VOTING AT A GENERAL ELECTION SHALL BE DESIGNATED BY MAY  FIRST  OF  EACH
YEAR  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION 4-104 OF THIS CHAPTER.
NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF  SECTION  4-104  OF
THIS  CHAPTER REQUIRING POLL SITE DESIGNATION BY MAY FIRST, EARLY VOTING
POLLING PLACES AND THEIR HOURS OF  OPERATION  FOR  EARLY  VOTING  FOR  A
PRIMARY OR SPECIAL ELECTION SHALL BE MADE NOT LATER THAN FORTY-FIVE DAYS
BEFORE SUCH PRIMARY OR SPECIAL ELECTION.
  5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY.  SUCH PLAN MAY UTILIZE
ANY  AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL PUBLICIZE:
THE LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES  FOR
EARLY  VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS ACCESSIBLE
TO VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE  TO
VOTERS  THAT  IF  THEY CAST A BALLOT DURING THE EARLY VOTING PERIOD THEY
WILL NOT BE ALLOWED TO VOTE ELECTION DAY;  AND  IF  POLLING  PLACES  FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION  THREE  OF  THIS  SECTION, THE LOCATION OF THE POLLING PLACES FOR
EARLY VOTING SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN  OR  OTHER
POLITICAL SUBDIVISION.
  6.  THE  FORM  OF PAPER BALLOTS USED IN EARLY VOTING SHALL COMPLY WITH
THE PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE  APPLICABLE  TO
VOTING  BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE CAST IN
THE SAME MANNER AS PROVIDED  FOR  IN  SECTION  8-312  OF  THIS  ARTICLE,
PROVIDED,  HOWEVER,  THAT  BALLOTS  CAST  DURING THE EARLY VOTING PERIOD
SHALL BE SECURED IN THE MANNER OF VOTED BALLOTS CAST ON ELECTION DAY AND
SUCH BALLOTS SHALL NOT BE CANVASSED OR EXAMINED UNTIL AFTER THE CLOSE OF
THE POLLS ON ELECTION DAY, AND NO  UNOFFICIAL  TABULATIONS  OF  ELECTION
RESULTS  SHALL  BE PRINTED OR VIEWED IN ANY MANNER UNTIL AFTER THE CLOSE
OF POLLS ON ELECTION DAY.
  7. VOTERS CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE  SUBJECT  TO
CHALLENGE  AS  PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF THIS ARTI-
CLE.
  8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
EACH DAY OF EARLY VOTING, ANY EARLY VOTING BALLOTS THAT  HAVE  NOT  BEEN
SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CAST IN A
MANNER  CONSISTENT  WITH SECTION 9-110 OF THIS CHAPTER, EXCEPT THAT SUCH
BALLOTS WHICH CANNOT THEN BE CAST ON A  BALLOT  SCANNER  SHALL  BE  HELD
INVIOLATE AND UNEXAMINED AND SHALL BE DULY SECURED UNTIL AFTER THE CLOSE
OF  POLLS  ON  ELECTION  DAY  WHEN  SUCH  BALLOTS  SHALL BE EXAMINED AND
CANVASSED IN A MANNER CONSISTENT WITH SUBDIVISION TWO OF  SECTION  9-110
OF THIS CHAPTER.
  9.  THE  BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND SCANNERS USED
FOR EARLY VOTING FROM THE BEGINNING OF THE EARLY VOTING  PERIOD  THROUGH
THE  CLOSE  OF  THE  POLLS ON ELECTION DAY; PROVIDED, HOWEVER, THE STATE

S. 3813--C                          5

BOARD OF ELECTIONS MAY BY REGULATION DULY ADOPTED BY A MAJORITY OF  SUCH
BOARD  ESTABLISH  A  PROCEDURE  WHEREBY  BALLOT  SCANNERS USED FOR EARLY
VOTING MAY ALSO BE USED ON ELECTION DAY IF THE PORTABLE  MEMORY  DEVICES
USED  DURING  EARLY VOTING CONTAINING THE EARLY VOTING ELECTION INFORMA-
TION AND VOTE TABULATIONS ARE PROPERLY SECURED APART FROM THE  SCANNERS,
AND  THE  RESULTS  THEREFROM  SHALL BE DULY CANVASSED AFTER THE CLOSE OF
POLLS ON ELECTION DAY.
  10. AFTER THE CLOSE OF POLLS ON ELECTION DAY, INSPECTORS OR  BOARD  OF
ELECTIONS  EMPLOYEES  APPOINTED  TO  CANVASS  BALLOTS  CAST DURING EARLY
VOTING SHALL FOLLOW ALL RELEVANT PROVISIONS  OF  ARTICLE  NINE  OF  THIS
CHAPTER  THAT  ARE  NOT  INCONSISTENT WITH THIS SECTION, FOR CANVASSING,
PROCESSING, RECORDING, AND ANNOUNCING RESULTS OF VOTING AT POLLING PLAC-
ES FOR EARLY VOTING, AND SECURING BALLOTS, SCANNERS, AND OTHER  ELECTION
MATERIALS.  SUCH  CANVASS  MAY  OCCUR  AT  THE  OFFICES  OF THE BOARD OF
ELECTIONS, AT THE EARLY VOTING POLLING  PLACE  OR  SUCH  OTHER  LOCATION
DESIGNATED BY THE BOARD OF ELECTIONS.
  11.  NOTWITHSTANDING  THE  REQUIREMENTS  OF  THIS  TITLE REQUIRING THE
CANVASS OF BALLOTS CAST DURING EARLY VOTING AFTER THE CLOSE OF POLLS  ON
ELECTION DAY, SUCH CANVASS MAY BEGIN ONE HOUR BEFORE THE SCHEDULED CLOSE
OF  POLLS  ON ELECTION DAY PROVIDED THE BOARD OF ELECTIONS ADOPTS PROCE-
DURES TO PREVENT THE PUBLIC RELEASE OF ELECTION  RESULTS  PRIOR  TO  THE
CLOSE  OF  POLLS ON ELECTION DAY AND SUCH PROCEDURES SHALL BE CONSISTENT
WITH THE REGULATIONS OF THE STATE BOARD OF ELECTIONS AND SHALL BE  FILED
WITH THE STATE BOARD OF ELECTIONS AT LEAST THIRTY DAYS BEFORE THEY SHALL
BE EFFECTIVE.
  S 8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY VOTING.
ANY   RULE  OR  REGULATION  NECESSARY  FOR  THE  IMPLEMENTATION  OF  THE
PROVISIONS OF THIS TITLE SHALL BE PROMULGATED  BY  THE  STATE  BOARD  OF
ELECTIONS  PROVIDED  THAT  SUCH  RULES  AND  REGULATIONS  SHALL  INCLUDE
PROVISIONS TO ENSURE THAT BALLOTS CAST  EARLY,  BY  ANY  METHOD  ALLOWED
UNDER  LAW,  ARE  COUNTED  AND CANVASSED AS IF CAST ON ELECTION DAY. THE
STATE BOARD OF ELECTIONS SHALL PROMULGATE  ANY  OTHER  RULES  AND  REGU-
LATIONS  NECESSARY  TO ENSURE AN EFFICIENT AND FAIR EARLY VOTING PROCESS
THAT RESPECTS THE PRIVACY OF THE VOTER.  PROVIDED,  FURTHER,  THAT  SUCH
RULES  AND  REGULATIONS SHALL REQUIRE THAT THE VOTING HISTORY RECORD FOR
EACH VOTER BE CONTINUALLY UPDATED TO  REFLECT  EACH  INSTANCE  OF  EARLY
VOTING BY SUCH VOTER.
  S  8. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to  any
election held 120 days or more after it shall have taken effect.

Senate Bill S3813C

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Archive: Last Bill Status - In Senate Committee Local Government Committee

May 9, 2016 - Elections Committee Vote

Elections Committee Vote: May 9, 2016

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Senate Bill S3813C

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Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

co-Sponsors

2015-S3813 - Details

2015-S3813 - Summary

2015-S3813 - Sponsor Memo

2015-S3813 - Bill Text download pdf

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2015-S3813A - Details

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2015-S3813C (ACTIVE) - Details

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