NY State Senate Bill 2017-S2950

Archive: Last Bill Status - Stricken

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2018	recommit, enacting clause stricken
Jan 03, 2018	referred to elections
May 04, 2017	committee discharged and committed to rules
May 01, 2017	reported and committed to local government
Mar 13, 2017	notice of committee consideration - requested
Jan 18, 2017	referred to elections

Votes

- May 1, 2017 - Elections Committee Vote
  S2950
  
  4
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 1, 2017
      
      aye (4)
      
      Avella
      
      Comrie
      
      Dilan
      
      Krueger
      
      nay (1)
      
      Marchione
      
      aye wr (4)
      
      Akshar
      
      Amedore
      
      Gallivan
      
      Tedisco

co-Sponsors

View additional co-sponsors

2017-S2950 (ACTIVE) - Details

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
2015-2016: S3813

2017-S2950 (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-S2950 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2950

 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.

 LEGISLATIVE HISTORY :

2013-14 (51461A) Died in Elections; Passed Assembly (A689A)
2015-16 (53813C) Died in Local Government; Passed Assembly (A8582B)

 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.

2017-S2950 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2950
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sens.  STEWART-COUSINS,  ADDABBO, BROOKS, COMRIE, DILAN,
   GIANARIS,  HAMILTON,  HOYLMAN,  KRUEGER,  PARKER,  PERALTA,   PERKINS,
   SANDERS,  SERRANO, SQUADRON, STAVISKY -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to early voting

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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 335 of the laws of 2000, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02758-01-7

 S. 2950                             2
 
   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.
   §  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.

 S. 2950                             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.

 S. 2950                             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,

 S. 2950                             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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Senate Bill S2950

Sponsored By

Archive: Last Bill Status - Stricken

May 1, 2017 - Elections Committee Vote

Elections Committee Vote: May 1, 2017

co-Sponsors

2017-S2950 (ACTIVE) - Details

2017-S2950 (ACTIVE) - Summary

2017-S2950 (ACTIVE) - Sponsor Memo

2017-S2950 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2950

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Sponsored By

Archive: Last Bill Status - Stricken

co-Sponsors

2017-S2950 (ACTIVE) - Details

2017-S2950 (ACTIVE) - Summary

2017-S2950 (ACTIVE) - Sponsor Memo

2017-S2950 (ACTIVE) - Bill Text download pdf

Comments