S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3354
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Election Law
 
 AN  ACT  to  amend the election law, in relation to restricting electio-
   neering activities near 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 8-104 of the election law, as
 amended by chapter 232 of the laws  of  2020,  is  amended  to  read  as
 follows:
   1.  The  American  flag  shall be kept displayed at each polling place
 throughout the election. Facsimile ballots,  voter  information  posting
 and distance markers shall not be taken down, torn or defaced during the
 election.  [While the polls are open no person shall do any electioneer-
 ing within the polling place, or in any  public  street,  within  a  one
 hundred  foot  radial  measured  from  the  entrances  designated by the
 inspectors of election, to such polling place or within such distance in
 any place in a public manner; and no political banner, button, poster or
 placard shall be allowed in or upon the polling place or within such one
 hundred foot radial.] While the polls are open no person  shall  consume
 any  alcoholic  beverages within the polling place.  While the polls are
 open no person shall make any change, alteration or modification to  any
 entrance  to  or  exit from the polling place unless such change, alter-
 ation or modification allows for increased access for persons with disa-
 bilities or is necessary to maintain public safety due to the occurrence
 of an emergency. Any such change, alteration or  modification  shall  be
 clearly  marked  on  signage  placed  adjacent to the former entrance or
 exit.
   § 2. Subdivision 2 of section 8-104 of the election law is  renumbered
 subdivision 2-a and a new subdivision 2 is added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06260-01-3
 A. 3354                             2
 
              

   2.  (A)  WHILE  THE POLLS ARE OPEN, NO POLITICAL BANNER, SIGN, BUTTON,
 POSTER OR PLACARD SHALL BE ALLOWED AND NO PERSON SHALL DO  ANY  ELECTIO-
 NEERING WITHIN THE POLLING PLACE OR WITHIN EITHER:
   (I) ONE SIX HUNDRED FOOT RADIAL MEASURED FROM THE ENTRANCES DESIGNATED
 BY THE INSPECTORS OF ELECTION, INCLUDING PUBLIC STREETS, TO SUCH POLLING
 PLACE; OR
   (II)  THE ENTIRE PROPERTY IN WHICH THE POLLING PLACE IS LOCATED.
   (B)  IF A POLLING LOCATION IS IN A BUILDING WITH MULTIPLE STORIES, THE
 ELECTIONEERING DISTANCE RESTRICTION SHALL NOT APPLY TO FLOORS  ABOVE  OR
 BELOW  THE  POLLING  SITE WHICH ARE NOT VISIBLE TO VOTERS WHO ARE IN THE
 PROCESS OF ENTERING OR EXITING THE ACTUAL  POLLING  LOCATION  BUT  SHALL
 APPLY TO STAIRWELLS WHICH VOTERS NEED TO ACCESS SUCH POLLING LOCATION.
   (C) SELECTION AS TO WHICH MEASUREMENT WILL BE USED TO RESTRICT ELECTI-
 ONEERING  AT  OR  NEAR  A  POLLING  PLACE  SHALL BE MADE BY THE BOARD OF
 ELECTIONS NO LATER THAN TWENTY-FOUR HOURS PRIOR  TO  THE  FIRST  DAY  OF
 VOTING  AT  THE POLLING LOCATION.  THE BOARD OF ELECTIONS SHALL ANNOUNCE
 THE  DETERMINATION  OF  ELECTIONEERING  BAN  ON  EACH  POLLING  LOCATION
 THROUGHOUT  THE  COUNTY ON THEIR WEBSITE NO LATER THAN TWENTY-FOUR HOURS
 PRIOR TO THE FIRST DAY OF VOTING AT THE POLLING LOCATION.
   § 3. This act shall take effect immediately.