S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2338
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced  by M. of A. STIRPE, WALLACE -- read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election  law,  in  relation  to  exempting  certain
   public  school  buildings  from  being  designated  as  early  polling
   locations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  8-600 of the election law is
 amended by adding a new paragraph (i) to read as follows:
   (I) NO PUBLIC SCHOOL BUILDING WITH INSTRUCTIONAL SPACE SHALL BE DESIG-
 NATED AS AN EARLY POLLING LOCATION.
   § 2. Subdivision 3 of section 4-104 of the election law, as amended by
 chapter 694 of the laws of 1989, is amended to read as follows:
   3. A building exempt from taxation 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. 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  designat-
 ing  such  building  determines  are  accessible  to physically disabled
 voters as provided in subdivision one-a.  NOTWITHSTANDING THE PROVISIONS
 OF THIS SUBDIVISION, NO BOARD OR BODY  EMPOWERED  TO  DESIGNATE  POLLING
 PLACES SHALL DESIGNATE A PUBLIC SCHOOL BUILDING WITH INSTRUCTIONAL SPACE
 AS  AN  EARLY  POLLING  LOCATION, AND IF SUCH BOARD OR BODY DESIGNATES A
 PUBLIC SCHOOL BUILDING THAT DOES NOT  HAVE  INSTRUCTIONAL  SPACE  AS  AN
 EARLY  POLLING  LOCATION, THE SUPERINTENDENT OF SUCH SCHOOL DISTRICT MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01771-01-3
              

 A. 2338                             2
 
 DECLINE SUCH DESIGNATION. 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.
   § 3. This act shall take effect immediately.