S T A T E O F N E W Y O R K
________________________________________________________________________
6930
2019-2020 Regular Sessions
I N S E N A T E
December 30, 2019
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the election law, in relation to designating early poll-
ing places
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 3 of section 4-104 of the election law,
subdivision 1 as amended by chapter 5 of the laws of 2019 and subdivi-
sion 3 as amended by chapter 694 of the laws of 1989, are 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. Such polling places must be
designated by March fifteenth, of each year, and shall be effective for
one year thereafter. Such a list required to be submitted by a village
board of trustees must be submitted 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 beverages for on premises consumption is
conducted on any day of local registration or of voting shall be so
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14571-01-9
S. 6930 2
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 desig-
nated 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.
3. A BOARD OR BODY EMPOWERED TO DESIGNATE POLLING PLACES SHALL DESIG-
NATE ANY PUBLIC BUILDING AS A POLLING PLACE TO THE EXTENT PRACTICABLE,
PROVIDED, HOWEVER, THAT IN NO CASE SHALL A PUBLIC SCHOOL BUILDING BE
DESIGNATED AS AN EARLY VOTING POLLING LOCATION. IF ADDITIONAL POLLING
PLACES SHALL BE NEEDED, A building exempt from taxation OR OWNED BY AN
ENTITY RECEIVING MORE THAN ONE MILLION DOLLARS IN ANNUAL STATE GRANT
FUNDING shall be used [whenever possible] as a polling place if it is
situated in the same or a contiguous election district, and may contain
as many distinctly separate polling places as public convenience may
require, UNLESS THE OWNER OR OPERATOR OF SUCH BUILDING SHALL DEMONSTRATE
THAT SUCH USE IS SIGNIFICANTLY INCOMPATIBLE WITH THE PRIMARY FUNCTION OF
THE ENTITY. The expense, if any, incidental to its use, shall be paid
like the expense of other places of registration and voting. If a board
or body empowered to designate polling places chooses a public school
building for such purpose, the board or agency which controls such
building must make available a room or rooms in such building which are
suitable for registration and voting and which are as close as possible
to a convenient entrance to such building and must make available any
such room or rooms which the board or body designating such building
determines are accessible to physically disabled voters as provided in
subdivision one-a. Notwithstanding the provisions of any general,
special or local law, if a board or body empowered to designate polling
places chooses a publicly owned or leased building, other than a public
school building, for such purposes the board or body which controls such
building must make available a room or rooms in such building which are
suitable for registration and voting and which are as close as possible
to a convenient entrance to such building, and must make available any
such room or rooms which the board or body designating such building
determines are accessible to physically disabled voters unless, not
later than thirty days after notice of its designation as a polling
place, the board or body controlling such building, files a written
request for a cancellation of such designation with the board or body
empowered to designate polling places on such form as shall be provided
by the board or body making such designation. The board or body
empowered to so designate shall, within twenty days after such request
is filed, determine whether the use of such building as a polling place
would unreasonably interfere with the usual activities conducted in such
building and upon such determination, may cancel such designation.
§ 2. This act shall take effect immediately.