S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1047
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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  ensuring  that  voting
   systems  testing  requirements  do  not make it impractical to provide
   each polling place for early  voting  all  of  the  election  district
   ballots

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 3 of section 8-600 of the election  law,
 as  added by chapter 6 of the laws of 2019, paragraph (a) of subdivision
 2 as amended by chapter 344 of the laws of 2020,  are amended to read as
 follows:
   2. (a) The board of elections shall designate polling places for early
 voting, which may include the offices of the  board  of  elections,  for
 persons  to  vote  early pursuant to this title; provided, however, that
 the municipality with the highest population in each county based on the
 latest federal decennial census shall have at least  one  polling  place
 designated for early voting, and to the extent practicable if such muni-
 cipality  has  public transportation routes, such polling place shall be
 situated along such transportation routes. There shall be so  designated
 at  least  one  early  voting  polling place for every full increment of
 fifty thousand 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 ten unless required by any other provision of law,
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02442-02-1
              

 S. 1047                             2
 
   (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 when the board of elections determines
 a  lesser  number  of  sites  is  sufficient  to meet the needs of early
 voters.
   (d) Polling places for early voting shall be located so that voters in
 the county have adequate and equitable access, taking into consideration
 population density, travel time to the polling place, proximity to other
 early voting poll sites, public transportation routes, commuter  traffic
 patterns  and  such other factors the board of elections deems appropri-
 ate. The provisions of section 4-104 of this  chapter,  except  subdivi-
 sions  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 voter may vote at any polling place  for  early  voting  estab-
 lished  pursuant  to subdivision two of this section in the county where
 such voter is registered to vote; provided, however, if it is  impracti-
 cal  to  provide each polling place for early voting all of the election
 district ballots [or if early voting at any  such  polling  place  makes
 ensuring  that  no  voter  has  not  previously  voted early during such
 election], the board of elections may assign  election  districts  to  a
 particular  early voting poll site. 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. If the board  of
 elections  does  not  agree  by majority vote to plan to assign election
 districts to early voting poll sites, all voters in the county  must  be
 able to vote at any poll site for early voting in the county.
   §  2.  Section 8-602 of the election law, as added by chapter 6 of the
 laws of 2019, is amended to read as follows:
   § 8-602. State board of elections; powers and duties for early voting.
 The state board of  elections  shall  promulgate  rules  or  regulations
 necessary  for  the implementation of the provisions of this title. Such
 rules and regulations shall include, but not be limited  to,  provisions
 to: (i) ensure that ballots cast early, by any method allowed under law,
 are  counted and canvassed as if cast on election day[,]; (ii) ensure an
 efficient and fair early voting process that respects the privacy of the
 voter[, and]; (iii) require that the  voting  history  record  for  each
 voter be continually updated to reflect each instance of early voting by
 such  voter; AND (IV) ENSURE THAT VOTING SYSTEMS TESTING REQUIREMENTS DO
 NOT MAKE IT IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR  EARLY  VOTING
 ALL OF THE ELECTION DISTRICT BALLOTS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall  apply  to  any  general,  primary,  run-off
 primary  or  special  election  held  thereafter  as provided for in the
 election law, provided, however, that the amendments to paragraph (a) of
 subdivision 2 of section 8-600 of the election law made by  section  one
 of this act shall take effect on the same date and in the same manner as
 section 1 of chapter 344 of the laws of 2020, takes effect.