NY State Assembly Bill 2017-A9608B

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 17, 2018	referred to elections delivered to senate passed assembly
Mar 15, 2018	advanced to third reading cal.716
Mar 14, 2018	reported
Feb 09, 2018	print number 9608b
Feb 09, 2018	amend and recommit to ways and means
Feb 08, 2018	print number 9608a
Feb 08, 2018	amend and recommit to ways and means
Feb 05, 2018	reported referred to ways and means
Jan 26, 2018	referred to election law

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2017-A9608 - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 4-117, 8-100, 8-102, 8-302, 8-104, 8-508 & 9-209, add Art 8 Title 6 §§8-600 - 8-602, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8582
2019-2020: A780

2017-A9608 - 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.

2017-A9608 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9608
 
                           I N  A S S E M B L Y
 
                             January 26, 2018
                                ___________
 
 Introduced  by M. of A. LAVINE, CUSICK, BLAKE, SIMON, PAULIN, SEPULVEDA,
   DINOWITZ, L. ROSENTHAL, LIFTON, FAHY, LUPARDO, ABINANTI, ROZIC, GALEF,
   COOK, RAMOS, SKOUFIS, CYMBROWITZ, JAFFEE -- Multi-Sponsored by  --  M.
   of  A.    BUCHWALD, LENTOL, MAGEE, THIELE -- read once and referred to
   the Committee on Election Law
 
 AN ACT to amend the election law, in relation to early voting

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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.
   § 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
 BOARD OF ELECTIONS AND PROVIDING A PHONE NUMBER TO CALL FOR SUCH  INFOR-
 MATION.
   § 3. Subdivision 2 of section 8-100 of the election law, as amended by
 chapter 367 of the laws of 2017, 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02758-04-8

 A. 9608                             2
 
 Westchester,  Rockland,  Orange,  Putnam, Dutchess 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 pursuant to the public officers law, and, except as  other-
 wise  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.
   §  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.
   § 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.
   § 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.
   §  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.
   § 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-
 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

 A. 9608                             3
 
 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
 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.

 A. 9608                             4

   (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
 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

 A. 9608                             5
 
 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.
   § 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.
   §  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

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multi-Sponsors

2017-A9608A - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 4-117, 8-100, 8-102, 8-302, 8-104, 8-508 & 9-209, add Art 8 Title 6 §§8-600 - 8-602, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8582
2019-2020: A780

2017-A9608A - 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.

2017-A9608A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9608--A
 
                           I N  A S S E M B L Y
 
                             January 26, 2018
                                ___________
 
 Introduced  by M. of A. LAVINE, CUSICK, BLAKE, SIMON, PAULIN, SEPULVEDA,
   DINOWITZ, L. ROSENTHAL, LIFTON, FAHY, LUPARDO, ABINANTI, ROZIC, GALEF,
   COOK, RAMOS, SKOUFIS, CYMBROWITZ, JAFFEE, CARROLL  --  Multi-Sponsored
   by  --  M.    of  A.  BUCHWALD, LENTOL, MAGEE, THIELE -- read once and
   referred to the Committee on Election Law -- reported and referred  to
   the Committee on Ways and Means -- 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.
   §  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
 BOARD  OF ELECTIONS AND PROVIDING A PHONE NUMBER TO CALL FOR SUCH INFOR-
 MATION.
   § 3. Subdivision 2 of section 8-100 of the election law, as amended by
 chapter 367 of the laws of 2017, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02758-05-8

 A. 9608--A                          2
 
   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, Dutchess and Erie,  and  in  such
 city or county from six 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 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.
   § 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.
   §  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.
   §  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.
   § 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.
   § 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-
 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.

 A. 9608--A                          3
 
   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
 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.

 A. 9608--A                          4
 
   (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
 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,

 A. 9608--A                          5
 
 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.
   § 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.
   § 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.

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2017-A9608B (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 4-117, 8-100, 8-102, 8-302, 8-104, 8-508 & 9-209, add Art 8 Title 6 §§8-600 - 8-602, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8582
2019-2020: A780

2017-A9608B (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.

2017-A9608B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9608--B
 
                           I N  A S S E M B L Y
 
                             January 26, 2018
                                ___________
 
 Introduced  by M. of A. LAVINE, CUSICK, BLAKE, SIMON, PAULIN, SEPULVEDA,
   DINOWITZ, L. ROSENTHAL, LIFTON, FAHY, LUPARDO, ABINANTI, ROZIC, GALEF,
   COOK, RAMOS, SKOUFIS, CYMBROWITZ, JAFFEE, CARROLL,  TAYLOR  --  Multi-
   Sponsored  by -- M. of A. BUCHWALD, LENTOL, MAGEE, THIELE -- read once
   and referred to the Committee on Election Law -- reported and referred
   to the Committee on Ways  and  Means  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  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.
   §  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
 BOARD  OF ELECTIONS AND PROVIDING A PHONE NUMBER TO CALL FOR SUCH INFOR-
 MATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02758-07-8

 A. 9608--B                          2
 
   § 3. Subdivision 2 of section 8-100 of the election law, as amended by
 chapter 367 of the laws of 2017, 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, Dutchess and Erie, and in such
 city or county from six 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 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.
   §  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.
   § 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.
   § 6. Subparagraph (ii) of paragraph (e) of subdivision 3 and  subdivi-
 sion  3-a  of  section  8-302  of the election law, subparagraph (ii) of
 paragraph (e) of subdivision 3 as amended by chapter 164 of the laws  of
 2010  and subdivision 3-a as amended by chapter 511 of the laws of 1985,
 are amended to read as follows:
   (ii) He or she may swear to and subscribe an affidavit stating that he
 or she has duly  registered  to  vote,  the  address  in  such  election
 district  from which he or she registered, that he or she remains a duly
 qualified voter in such election district, that his or her  registration
 poll  record  appears  to  be  lost or misplaced or that his or her name
 and/or his or her signature was  omitted  from  the  computer  generated
 registration  list OR SUCH RECORD INDICATES THE VOTER ALREADY VOTED WHEN
 HE OR SHE DID NOT DO SO or that he or she has moved within the county or
 city since he or she last registered, the address from which he  or  she
 was  previously  registered and the address at which he or she currently
 resides, and at a primary election, the party in  which  he  or  she  is
 enrolled.  The  inspectors  of election shall offer such an affidavit to
 each such voter whose residence address is in  such  election  district.
 Each  such affidavit shall be in a form prescribed by the state board of
 elections, shall be printed on an envelope of the size and quality  used
 for  an  absentee  ballot  envelope, and shall contain an acknowledgment
 that the affiant understands that any false statement  made  therein  is
 perjury  punishable  according to law. Such form prescribed by the state
 board of elections shall request information required to  register  such
 voter  should  the  county board determine that such voter is not regis-
 tered and shall constitute an  application  to  register  to  vote.  The
 voter's  name  and  the  entries  required shall then be entered without
 delay and without further inquiry in the fourth section of the challenge
 report or in the place provided at the end  of  the  computer  generated
 registration  list,  with  the  notation that the voter has executed the
 affidavit hereinabove prescribed, or, if such person's name  appears  on
 the  computer  generated  registration  list, the board of elections may

 A. 9608--B                          3
 
 provide a place to make such entry next to his or her name on such list.
 The voter shall then, without further inquiry, be permitted to  vote  an
 affidavit  ballot provided for by this chapter. Such ballot shall there-
 upon  be placed in the envelope containing his or her affidavit, and the
 envelope sealed and returned to the board of  elections  in  the  manner
 provided  by  this  chapter  for protested official ballots, including a
 statement of the number of such ballots.
   3-a. The inspectors shall also give to every person whose  address  is
 in  such  election  district for whom no registration poll record can be
 found and, in a primary election, to every voter whose registration poll
 record does not show him to be enrolled in the party in which he  wishes
 to  be  enrolled  OR  WHO  CLAIMS TO BE INCORRECTLY IDENTIFIED AS HAVING
 ALREADY VOTED, a copy of a notice, in a form  prescribed  by  the  state
 board  of  elections,  advising  such person of his right to, and of the
 procedures by which he may, cast an affidavit ballot  or  seek  a  court
 order  permitting him to vote, and shall also give every such person who
 does not cast an affidavit ballot, an application  for  registration  by
 mail.
   §  7.  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.
   § 8. 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.
   § 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-
 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-

 A. 9608--B                          4
 
 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
 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.

 A. 9608--B                          5
 
   (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
 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

 A. 9608--B                          6
 
 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.
   § 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.
   §  9.  The  opening paragraph of section 9-209 of the election law, as
 amended by chapter 163 of the laws  of  2010,  is  amended  to  read  as
 follows:
   Before  completing  the canvass of votes cast in any primary, general,
 special, or other election at which voters are required  to  sign  their
 registration  poll  records  before voting, the board of elections shall
 proceed in the manner hereinafter prescribed to  cast  and  canvass  any
 absentee,  military,  special  presidential,  special  federal  or other
 special ballots and any ballots voted by voters  who  moved  within  the
 county  or  city  after  registering, voters who are in inactive status,
 voters whose registration was incorrectly transferred to another address
 even though they did not move, voters whose  registration  poll  records
 were  missing on the day of such election, voters who have not had their
 identity previously verified and voters whose registration poll  records
 did  not  show them to be enrolled in the party in which they claimed to
 be enrolled AND VOTERS INCORRECTLY IDENTIFIED AS HAVING  ALREADY  VOTED.
 Each  such  ballot shall be retained in the original envelope containing
 the voter's affidavit and signature, in which it  is  delivered  to  the
 board of elections until such time as it is to be cast and canvassed.
   § 10. 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.

Assembly Bill A9608B

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Bill Amendments

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multi-Sponsors

2017-A9608 - Details

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2017-A9608 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2017-A9608A - Details

2017-A9608A - Summary

2017-A9608A - Bill Text download pdf

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2017-A9608B (ACTIVE) - Details

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Assembly Bill A9608B

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Sponsored By

LAVINE

Archive: Last Bill Status - In Senate Committee Elections Committee

Bill Amendments

co-Sponsors

Michael Cusick

Michael Blake

Jo Anne Simon

Amy Paulin

multi-Sponsors

David Buchwald

Joseph Lentol

William Magee

Fred Thiele

2017-A9608 - Details

2017-A9608 - Summary

2017-A9608 - Bill Text download pdf

co-Sponsors

Michael Cusick

Michael Blake

Jo Anne Simon

Amy Paulin

multi-Sponsors

David Buchwald

Joseph Lentol

William Magee

Fred Thiele

2017-A9608A - Details

2017-A9608A - Summary

2017-A9608A - Bill Text download pdf

co-Sponsors

Michael Cusick

Michael Blake

Jo Anne Simon

Amy Paulin

multi-Sponsors

David Buchwald

Joseph Lentol

William Magee

Fred Thiele

2017-A9608B (ACTIVE) - Details

2017-A9608B (ACTIVE) - Summary

2017-A9608B (ACTIVE) - Bill Text download pdf

Comments