S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4758
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to  requiring  the  county
   seat  in  Fulton  county to have at least one polling place designated
   for early voting
 
   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, as
 amended by chapter 781 of the laws  of  2021,  is  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.
   (b) The largest city in the county or, if there  is  no  city  in  the
 county,  the  municipality  with  the  highest population in each county
 based on the latest federal decennial census,  or  the  county  seat  in
 Washington  county,  OR  THE COUNTY SEAT IN FULTON COUNTY, shall have at
 least one polling place designated for early voting, and to  the  extent
 practicable  if  such  city  or  municipality  has public transportation
 routes, such polling place shall be situated along  such  transportation
 routes.
   (c) In counties with at least five hundred thousand registered voters,
 there shall be so designated at least one early voting polling place for
 every full increment of forty thousand registered voters.
   (d)  In all other counties with less than five hundred thousand regis-
 tered voters, there shall be so designated at  least  one  early  voting
 polling  place  for  every  full increment of thirty thousand registered
 voters; provided, however, the number of early voting polling places  in
 counties  with  less  than five hundred thousand registered voters shall
 not be required to be greater than ten nor less than one.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09615-01-3
 A. 4758                             2
              

 
   (e) For any special, primary or run-off primary election at  which  no
 voters of the municipality with the highest population within the county
 are  eligible  to vote, the board of elections may, in lieu of having an
 early voting polling place in such  municipality,  designate  a  polling
 place  for  early voting in the municipality with the highest population
 within the county within which the voters are eligible to vote  at  such
 special, primary, or run-off primary election.
   (f)  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.
   (g) 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.
   (h) 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.
   § 2. This act shall take effect immediately.