NY State Senate Bill 2019-S108

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
Jan 08, 2020	referred to elections
Jan 09, 2019	referred to elections

co-Sponsors

2019-S108 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §4-104, El L
Versions Introduced in 2017-2018 Legislative Session:: S4449

2019-S108 (ACTIVE) - Summary

Provides that no primary or secondary school shall be required to be open for voter registration or used as a polling place when school is in session or minors are scheduled to be present.

2019-S108 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S108

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the election law, in relation to
primary and secondary schools being used as polling places

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide that no primary or secondary school shall be required to be
open for voter registration or used as a polling place when school is in
session or minors are scheduled to be present.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one - amends subdivision 1 of section 4-104 of the election law,
as amended by chapter 512 of the laws of 2010 to provide that no primary
or secondary school shall be required to be open for voter registration
or used as a polling place when in school is in session or minors are
scheduled to be present.

Section two - sets forth the effective date

 
JUSTIFICATION:

In recent years, school safety has become an issue across the country,
with schools in New York instituting a number of safety and security
measures to protect students. Many schools are locked to outsiders while
school is in session so no one can enter without signing in and giving
ID. However, on many election days, schools are one of the primary
locations for voting. This bill would better protect minors in primary
and secondary schools by banning polling sites from being located within
schools while school is in session. It should be noted, that if New York
State can agree on a date to consolidate the state and federal prima-
ries, whether it is at the end of June or in August, schools are not in
session at those times. Further, the presidential primary only comes
once every four years. The only disruption not using primary and second-
ary schools as polling sites when they are in session would occur on
general election days held in November, if the school does not decide to
close or use a staff attendance or a professional development day. It
should be noted that the city of New York already makes general election
day a non-student attendance day.

 
PRIOR LEGISLATIVE HISTORY:

S.4449- 2017/2018

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S108 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    108
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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 primary  and  secondary
   schools being used as polling places

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 4-104  of  the  election  law,  as
 amended  by  chapter  180  of  the  laws  of 2005, is amended to read as
 follows:
   1. Every board of elections shall, in  consultation  with  each  city,
 town and village, designate the polling places in each election district
 in  which  the  meetings  for  the  registration  of voters, and for any
 election may be held. The board of trustees of  each  village  in  which
 general  and  special  village  elections  conducted  by  the  board  of
 elections are held at a time other than the time of a  general  election
 shall submit such a list of polling places for such village elections to
 the  board  of  elections.  A polling place may be located in a building
 owned by a religious organization or used by it as a place  of  worship.
 If  such  a  building  is designated as a polling place, it shall not be
 required to be open for voter registration on any Saturday  if  this  is
 contrary to the religious beliefs of the religious organization. In such
 a  situation,  the  board  of  elections  shall  designate  an alternate
 location to be used for voter registration.   A  POLLING  PLACE  MAY  BE
 LOCATED  IN A BUILDING UTILIZED FOR PRIMARY OR SECONDARY SCHOOL INSTRUC-
 TION. IF SUCH A BUILDING IS DESIGNATED AS A POLLING PLACE, IT SHALL  NOT
 BE  REQUIRED  TO BE OPEN FOR VOTER REGISTRATION OR AS A POLLING PLACE IF
 THE SCHOOL IS IN SESSION AND MINORS ARE SCHEDULED TO BE PRESENT ON  SUCH
 DAY.  IN  SUCH  A  SITUATION,  THE BOARD OF ELECTIONS SHALL DESIGNATE AN
 ALTERNATE LOCATION TO BE USED FOR VOTER REGISTRATION AND  AS  A  POLLING
 PLACE.  Such  polling  places  must  be designated by May first, of each
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03411-01-9

 S. 108                              2
 
 year, and shall be effective  for  one  year  thereafter.  Such  a  list
 required  to be submitted by a village board of trustees must be submit-
 ted at least four months before each general village election and  shall
 be  effective  until  four  months before the subsequent general village
 election. No place in which a business licensed to sell alcoholic bever-
 ages for on premises consumption is conducted on any day of local regis-
 tration or of voting shall be so designated. If, within  the  discretion
 of  the  board  of elections a particular polling place so designated is
 subsequently found to be unsuitable or unsafe  or  should  circumstances
 arise  that  make  a designated polling place unsuitable or unsafe, then
 the board of elections is empowered to  select  an  alternative  meeting
 place.  In  the city of New York, the board of elections shall designate
 such polling places and alternate registration  places  if  the  polling
 place cannot be used for voter registration on Saturdays.
   § 2. This act shall take effect immediately.

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Senate Bill S108

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

2019-S108 (ACTIVE) - Details

2019-S108 (ACTIVE) - Summary

2019-S108 (ACTIVE) - Sponsor Memo

2019-S108 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S108

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

Alessandra Biaggi

2019-S108 (ACTIVE) - Details

2019-S108 (ACTIVE) - Summary

2019-S108 (ACTIVE) - Sponsor Memo

2019-S108 (ACTIVE) - Bill Text download pdf

Comments