NY State Senate Bill 2017-S8625

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to elections

2017-S8625 (ACTIVE) - Details

See Assembly Version of this Bill:: A4073
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §3-108, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10277
2019-2020: S2754, A1612
2021-2022: S5804, A4333
2023-2024: S2640, A7960

2017-S8625 (ACTIVE) - Summary

Authorizes additional days of voting as a result of emergencies; includes state of emergency.

2017-S8625 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8625

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the election law, in relation to addi-
tional days of voting as a result of emergencies

 
PURPOSE:

This bill would provide additional days of voting as a result of emer-
gencies.

 
SUMMARY OF PROVISIONS:

Sections 1 and 2 of the bill set forth that this act shall be known as
the "emergency response restoration of the electoral process act" and
the legislative declaration.

Section 3 amends election law section 3-108, as added by chapter 394 of
the laws of 2008 as follows:

1. To allow for an additional day of voting during a state of emergency

in which it is determined that the ability of voters to vote has become
or will imminently become impossible and cannot be mitigated in time for
the scheduled voting.

2. If an additional day of voting is to be provided, the board of
election having jurisdiction over the election must notify newspapers in
the week preceding, and other media outlets at least a week preceding
the additional day of voting of the times and locations for additional
voting, and additionally must post notice of the same on its website.

3. The security seals on voting machines shall not be removed until the
opening of polls on the additional day of voting.

4. An additional day of voting shall not be construed to extend the time
for casting and canvassing a special or special federal ballot, but that
it shall also not invalidate a special, military or special federal
ballot received on the original voting day.

5. Adds a state of emergency to the list of emergencies upon which a
board of elections may make a finding that the ability to make a filing
is impaired and grant an extension therefore.

6. Allows a party caucus and filings for a party caucus to be postponed
for a reasonable time due to an emergency. In case of postponement, the
state board of elections shall notify the appropriate county board of
elections and post such notice on its website; the county board of
elections shall notify media outlets of same, post notice on its website
and at the original location of the caucus as well as written notice to
the appropriate county and municipal officials.

Section 4 of the bill is the effective date.

 
JUSTIFICATION:

In recent years a number of powerful storms have coincided or very near-
ly coincided with an election or nominating convention and/or caucus. In
many cases boards of election, and election workers were left scrambling
trying to figure out how to administer an election/nominating event in
the midst of an emergency situation. No doubt such events have had an
adverse impact on voter turnout for affected elections. This bill would
provide for an additional period of voting or caucusing in the event of
a declared emergency situation.

This bill clarifies and facilitates decision-making by boards of
elections during an emergency and/or a declaration of a state of emer-
gency as well as communication to voters and participants of a caucus
when time is of the essence to protect voters' safety and enable them to
vote when the emergency event is over.

 
LEGISLATIVE HISTORY:

2016: A.10277 referred to election law.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8625 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8625
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  additional  days  of
   voting as a result of emergencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known as the "emergency response restora-
 tion of the electoral process act".
   § 2. Legislative Declaration. The legislature finds there  is  a  need
 for  an  orderly  process  known in advance to remedy disruptions to the
 electoral calendar created by emergency circumstances. Because the elec-
 toral machinery in a democracy is so important it must not be  disturbed
 or  delayed lightly.  Only the most exigent of circumstances can justify
 resorting to the remedies provided by this act.
   § 3. Section 3-108 of the election law,  subdivision  5  as  added  by
 chapter 394 of the laws of 2008, is amended to read as follows:
   §  3-108.  Disaster;  additional  day for voting. 1. A county board of
 elections, or the state board of elections with respect to  an  election
 conducted  in  a  district  in  the jurisdiction of more than one county
 board of elections, may determine that, as the direct consequence  of  a
 fire,  earthquake,  tornado,  explosion, power failure, act of sabotage,
 enemy attack or other disaster[, less than twenty-five per centum of the
 registered voters of any city, town or village, or if the  city  of  New
 York,  or any county therein, actually voted in any general election] OR
 STATE OF EMERGENCY, THE ABILITY OF VOTERS TO VOTE HAS  BECOME,  OR  WILL
 IMMINENTLY BECOME, IMPOSSIBLE AND SUCH IMPOSSIBILITY CANNOT BE MITIGATED
 DURING  THE SCHEDULED COURSE OF VOTING. Such a determination by a county
 board of elections shall be subject to approval by the  state  board  of
 elections.  If  the state board of elections makes such a determination,
 it shall notify the [board] BOARDS of elections having jurisdiction  [in
 that county] OVER THAT ELECTION that an additional day of election shall
 be  held, which notice shall show: the nature of the disaster; the coun-
 ty, city, town or village affected thereby; the number of  persons  duly
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03954-01-7

 S. 8625                             2
 
 registered to vote therein at such [general] election; and the number of
 persons who voted therein at such [general] election.
   2.  The county board of elections, OR THE STATE BOARD OF ELECTIONS, AS
 APPLICABLE, shall thereafter set a date for an additional day for voting
 in the county, city, town or village affected by  the  statement,  which
 shall  not  be  more  than  twenty  days  after the original date of the
 [general] election and shall determine the hours during which the  polls
 shall  remain open on such additional day for voting; provided, however,
 that in any event the polls shall remain open for not less  than  eleven
 hours.  [The]  EACH  county  board of elections HAVING JURISDICTION OVER
 SUCH ELECTION shall [publish notice thereof not less than twice in  each
 week  preceding  the  date for the additional day for voting, in] NOTIFY
 newspapers as designated in this chapter[, and] IN  THE  WEEK  PRECEDING
 THE  DATE OF THE ADDITIONAL DAY OF VOTING. SUCH NOTICE SHALL BE PROVIDED
 TO ALL MEDIA OUTLETS AND COUNTY,  TOWN,  CITY  AND  VILLAGE  CLERKS  AND
 MUNICIPAL  ATTORNEYS  NOT  LESS  THAN ONE WEEK PRECEDING THE DATE OF THE
 ADDITIONAL DAY OF VOTING AND SHALL BE POSTED ON THE BOARD'S  WEBSITE  AS
 SOON  AS POSSIBLE. TO THE EXTENT PRACTICABLE, THE BOARD shall notify all
 registered voters by mail. Such notice shall also  direct  attention  to
 any change of polling places and shall contain such other and additional
 information as in the judgment of the board of elections shall be neces-
 sary and proper.
   3.  Official ballots shall be provided at public expense at each poll-
 ing place for such additional day of election. In any election  district
 in which voting machines were used upon the original day of voting, they
 shall  be  used  for  the additional day for voting. The [original seal]
 SECURITY SEALS on such machines shall  not  be  removed  nor  shall  the
 machines  be  unlocked  until the opening of the polls on the additional
 day for voting and the board of elections shall provide [an]  additional
 [seal] SECURITY SEALS to be used as soon as the polls are closed on such
 day.
   4.  Only  those persons duly registered to vote upon the original date
 of the [general] election who did not vote on such date shall  be  enti-
 tled  to vote on the additional day for voting. Voting on the additional
 day provided for in this section shall be accomplished solely  by  phys-
 ically  appearing  at  the  polling  place and nothing contained in this
 section shall be construed to extend the time set by law for casting  or
 canvassing  a  SPECIAL,  military,  absentee, SPECIAL FEDERAL or special
 presidential ballot; provided, however, that  nothing  contained  herein
 shall  be  deemed  to invalidate any SPECIAL, MILITARY, absentee, [mili-
 tary] SPECIAL FEDERAL or special presidential ballot  duly  received  on
 the original date of the [general] election.
   5.  (A)  A  county board of elections, or the state board of elections
 with respect to an election conducted in a political subdivision in  the
 jurisdiction  of  more than one county board of elections, may determine
 that, as the direct consequence of a fire, earthquake,  tornado,  explo-
 sion,  power failure, act of sabotage, enemy attack or other disaster OR
 STATE OF EMERGENCY, the ability to make a filing  with  respect  to  any
 provision of this chapter was substantially impaired. Upon making such a
 finding,  a  county  board of elections, or the state board of elections
 shall extend for a reasonable time the period for making such filing. An
 extension GRANTED pursuant to this  subdivision  [granted  by  a  county
 board  of  elections] shall NOT be [subject to the approval of the state
 board of elections if such extension is] longer than [one] TWO  business
 [day] DAYS.

 S. 8625                             3
 
   (B)  A COUNTY BOARD OF ELECTIONS, OR THE STATE BOARD OF ELECTIONS WITH
 RESPECT TO AN ELECTION CONDUCTED  IN  A  POLITICAL  SUBDIVISION  IN  THE
 JURISDICTION  OF  MORE THAN ONE COUNTY BOARD OF ELECTIONS, MAY DETERMINE
 THAT, AS THE DIRECT CONSEQUENCE OF A FIRE, EARTHQUAKE,  TORNADO,  EXPLO-
 SION,  POWER FAILURE, ACT OF SABOTAGE, ENEMY ATTACK OR OTHER DISASTER OR
 STATE OF EMERGENCY, THE ABILITY TO CONVENE A PARTY CAUCUS  ON  THE  DATE
 SCHEDULED  FOR SUCH CAUCUS AND MAKE THE REQUIRED FILINGS FOR THE PURPOSE
 OF NOMINATING ONE OR MORE CANDIDATES WAS SUBSTANTIALLY IMPAIRED.    UPON
 MAKING  SUCH  A FINDING, A COUNTY BOARD OF ELECTIONS, OR THE STATE BOARD
 OF ELECTIONS, SHALL POSTPONE FOR A REASONABLE  TIME  THE  DATE  OF  SAID
 PARTY CAUCUS AND REQUIRED FILINGS. AN EXTENSION GRANTED PURSUANT TO THIS
 SUBDIVISION  SHALL  NOT  BE  LONGER  THAN  ONE WEEK FROM THE DATE OF THE
 ORIGINALLY-SCHEDULED PARTY CAUCUS.
   (C) IF AN EXTENSION IS GRANTED PURSUANT TO  THIS  SUBDIVISION  BY  THE
 STATE  BOARD OF ELECTIONS, SUCH BOARD SHALL NOTIFY THE RESPECTIVE COUNTY
 BOARDS OF ELECTIONS OF SUCH  EXTENSION  AND  POST  SUCH  NOTICE  ON  ITS
 WEBSITE.
   (D)  THE  COUNTY  BOARD  OF  ELECTIONS  SHALL IMMEDIATELY NOTIFY MEDIA
 OUTLETS OF THE EXTENSIONS PROVIDED PURSUANT TO THIS SECTION,  POST  SUCH
 NOTICE  TO  ITS WEBSITE AND, TO THE EXTENT PRACTICABLE FOR THE EXTENSION
 OF A PARTY CAUCUS, POST SUCH NOTICE AT THE LOCATION OF  THE  ORIGINALLY-
 SCHEDULED CAUCUS. THE COUNTY BOARD OF ELECTIONS SHALL ALSO PROVIDE WRIT-
 TEN  NOTICE TO ALL APPROPRIATE COUNTY, TOWN, CITY AND VILLAGE CLERKS AND
 MUNICIPAL ATTORNEYS.
   § 4. This act shall take effect immediately.

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Senate Bill S8625

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S8625 (ACTIVE) - Details

2017-S8625 (ACTIVE) - Summary

2017-S8625 (ACTIVE) - Sponsor Memo

2017-S8625 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8625

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S8625 (ACTIVE) - Details

2017-S8625 (ACTIVE) - Summary

2017-S8625 (ACTIVE) - Sponsor Memo

2017-S8625 (ACTIVE) - Bill Text download pdf

Comments