S T A T E   O F   N E W   Y O R K
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                                   8581
 
                           I N  A S S E M B L Y
 
                             January 12, 2024
                                ___________
 
 Introduced  by M. of A. GIBBS -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the election law, in relation to providing a remedy  for
   election disruptions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election law is amended by adding a new  section  3-109
 to read as follows:
   §  3-109. DISRUPTION; ADDITIONAL TIME FOR VOTING; PUBLICITY OF REMEDY.
 1. (A) EXCEPT AS PROVIDED IN SUBDIVISION TWO OF  THIS  SECTION,  IN  THE
 EVENT  THAT  EARLY  VOTING OR ELECTION DAY VOTING AT ONE OR MORE POLLING
 PLACES, OR FOR ONE OR MORE ELECTION DISTRICTS, IS DELAYED  OR  DISRUPTED
 PRIOR  TO  THE  CLOSE  OF  POLLS  ON  ANY DAY OF ELECTION FOR A DURATION
 EXCEEDING FIFTEEN CONSECUTIVE MINUTES,  THE  BOARD  OF  ELECTIONS  SHALL
 TOLL,  ADJUST, AND EXTEND THE SCHEDULED TIMEFRAME FOR VOTING ON THAT DAY
 OF ELECTION TO ACCOUNT FOR AND COMPENSATE THE LOST TIME  FOR  VOTING  AT
 ALL SUCH IMPACTED POLLING PLACES OR ELECTION DISTRICTS.
   (B)  PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION, IN THE EVENT THAT
 EARLY VOTING OR ELECTION DAY VOTING AT ONE OR MORE  POLLING  PLACES,  OR
 FOR ONE OR MORE ELECTION DISTRICTS, IS DELAYED OR DISRUPTED, SUCH SCHED-
 ULED  TIMEFRAME  FOR  VOTING  SHALL BE TOLLED, BEGINNING FROM THE ACTUAL
 TIME OF COMMENCEMENT OF THE DELAY OR DISRUPTION TO VOTING, OR,  IF  SUCH
 ACTUAL  TIME  CANNOT BE REASONABLY DETERMINED BY THE BOARD OF ELECTIONS,
 BEGINNING AT THE LATEST  FROM  THE  TIME  A  REPORT  OF  SUCH  DELAY  OR
 DISRUPTION  IS FIRST ELECTRONICALLY TRANSMITTED OR TELEPHONICALLY COMMU-
 NICATED TO THE BOARD OF ELECTIONS. SUCH  TOLLING  SHALL  CONTINUE  UNTIL
 SUCH  TIME  AS  THE  DELAY  OR  DISRUPTION  TO  VOTING HAS ENDED AND THE
 IMPACTED ELECTION DISTRICTS AND POLLING PLACES HAVE REOPENED FOR VOTING,
 OR THE TIME FOR THE SCHEDULED CLOSE OF POLLS ON THAT  DAY  OF  ELECTION,
 WHICHEVER OCCURS FIRST. THE SCHEDULED TIMEFRAME FOR VOTING SHALL THEN BE
 ADJUSTED,  PROPORTIONATELY,  FOR  EACH  SUCH  POLLING  PLACE OR ELECTION
 DISTRICT, AND EXTENDED ON THAT DAY OF ELECTION,  OR,  IF  EXTENDING  THE
 TIMEFRAME  FOR  VOTING  AT  SUCH ELECTION DISTRICTS OR POLLING PLACES ON
 THAT DAY OF ELECTION, OR IN THAT  LOCATION,  WOULD  BE  ADMINISTRATIVELY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13794-02-3
 A. 8581                             2

 IMPRACTICABLE, SUCH ADDITIONAL TIME FOR VOTING SHALL BE SCHEDULED ON THE
 NEXT  DAY  FOR  VOTING  OR A SUCCESSIVE DAY FOR VOTING SCHEDULED FOR THE
 SAME ELECTION, BUT NOT LATER THAN ELECTION  DAY,  IN  THE  SAME  POLLING
 PLACE OR, IF SUCH POLLING PLACE IS UNAVAILABLE, AT ALTERNATIVE LOCATIONS
 THAT  MAY  BE DESIGNATED AS POLLING PLACES PURSUANT TO THE PROVISIONS OF
 SECTION 4-104 OF THIS CHAPTER AND IS,  TO  THE  EXTENT  PRACTICABLE,  IN
 CLOSE  PROXIMITY  TO THE DELAYED OR DISRUPTED POLLING PLACES OR ELECTION
 DISTRICTS, TO ACCOUNT FOR AND COMPENSATE  THE  LOST  TIME  AT  ALL  SUCH
 IMPACTED POLLING PLACES OR ELECTION DISTRICTS.
   (C)  IN  ANY  ELECTION  DISTRICT  OR  POLLING  PLACE IN WHICH A VOTING
 MACHINE OR VOTING SYSTEM WAS USED PRIOR TO A DELAY OR  DISRUPTION,  SUCH
 MACHINE  OR  SYSTEM  SHALL  BE  USED  FOR THE ADDITIONAL TIME FOR VOTING
 UNLESS FOUND TO BE INOPERABLE, IN WHICH CASE THE PROVISIONS  OF  SECTION
 7-120  OF  THIS CHAPTER SHALL APPLY.  EXCEPT AS DIRECTED BY THE BOARD OF
 ELECTIONS, THE ORIGINAL SEAL ON SUCH MACHINES SHALL NOT BE  REMOVED  NOR
 SHALL  THE MACHINES BE UNLOCKED UNTIL THE REOPENING OF THE POLLS AND THE
 BOARD OF ELECTIONS SHALL PROVIDE ADDITIONAL SEALS  AS  NECESSARY  TO  BE
 USED  AS  SOON  AS  THE POLLS ARE CLOSED ON SUCH DAY. THE STATE BOARD OF
 ELECTIONS SHALL PROMULGATE RULES AND/OR REGULATIONS TO ENSURE THE  FAIR,
 TRANSPARENT, AND UNIFORM ADMINISTRATION OF THIS SECTION.
   2.  (A)  BY MAJORITY VOTE OF THE COMMISSIONERS, THE BOARD OF ELECTIONS
 MAY DETERMINE THAT THE REMEDY OF ADDITIONAL TIME FOR VOTING  TO  ACCOUNT
 AND COMPENSATE FOR THE LOST TIME FOR VOTING AS PRESCRIBED BY SUBDIVISION
 ONE OF THIS SECTION WOULD CONSTITUTE INAPPROPRIATE OR UNNECESSARY RELIEF
 IN  LIGHT  OF  THE  PARTICULAR  CIRCUMSTANCES  OF  DELAY  OR  DISRUPTION
 PRESENTED AT A SPECIFIC POLLING PLACE OR ELECTION  DISTRICT.  SUCH  VOTE
 SHALL  BE  TAKEN  DURING  A  PUBLIC MEETING HELD FOR SUCH PURPOSE, SHALL
 SPECIFY THE CAUSE OR NATURE OF THE DELAY OR DISRUPTION, AND SHALL  MEMO-
 RIALIZE  IN  WRITING  THE  RESULTS  OF  ANY SUCH VOTE AND THE PARTICULAR
 CONSIDERATIONS RELIED UPON BY THE  BOARD  OF  ELECTIONS  IN  REACHING  A
 DETERMINATION  THAT  A  PROPORTIONATE  EXTENSION  OF TIME TO ACCOUNT AND
 COMPENSATE FOR THE LOST TIME AT SUCH IMPACTED POLLING PLACES OR ELECTION
 DISTRICTS WOULD CONSTITUTE INAPPROPRIATE OR UNNECESSARY RELIEF.
   (B) IN THE EVENT THAT THE BOARD OF   ELECTIONS REACHES  SUCH  DETERMI-
 NATION,  SUCH  BOARD  SHALL  ELECTRONICALLY OR TELEPHONICALLY INFORM THE
 BIPARTISAN CO-EXECUTIVE DIRECTORS OF THE STATE BOARD  OF  ELECTIONS  AND
 THE CIVIL RIGHTS BUREAU OF  THE  OFFICE OF  THE ATTORNEY GENERAL REGARD-
 ING THE CIRCUMSTANCES THAT APPEAR TO HAVE CAUSED DELAY OR DISRUPTION AND
 AN  ACCOUNTING OF THE  POLLING  PLACES  OR ELECTION  DISTRICTS IMPACTED,
 THE RESPECTIVE DURATIONS OF SUCH DELAYS OR DISRUPTIONS, THE  RESULTS  OF
 SUCH  VOTE,   THE  PARTICULAR  CIRCUMSTANCES RELIED UPON BY THE BOARD OF
 ELECTIONS IN REACHING A DETERMINATION THAT A  PROPORTIONATE    EXTENSION
 OF  TIME  TO  ACCOUNT  AND COMPENSATE FOR THE LOST TIME AT SUCH IMPACTED
 POLLING PLACES OR ELECTION DISTRICTS WOULD CONSTITUTE INAPPROPRIATE   OR
 UNNECESSARY   RELIEF,   ANY   ALTERNATIVE   REMEDIAL ACTION TAKEN BY THE
 BOARD OF ELECTIONS OR OTHER INDIVIDUALS OR ENTITIES, AND  A  DESCRIPTION
 OF ALL RELATED PUBLICITY EFFORTS ALREADY UNDERTAKEN OR TO BE UNDERTAKEN.
   3.  (A)  IN THE EVENT THAT THE SCHEDULED TIMEFRAME FOR EARLY VOTING OR
 ELECTION DAY VOTING AT ONE OR MORE POLLING PLACES, OR FOR  ONE  OR  MORE
 ELECTION  DISTRICTS,  IS  EXTENDED  PURSUANT  TO SUBDIVISION ONE OF THIS
 SECTION, THE BOARD OF ELECTIONS SHALL, WITH THE ASSISTANCE OF THE  STATE
 BOARD  OF  ELECTIONS,  AND  UNDER THE COORDINATION OF THE STATE BOARD OF
 ELECTIONS IF NECESSARY, MAKE USE OF ALL REASONABLE MEANS AND CHANNELS OF
 COMMUNICATIONS TO PUBLICIZE, FORTHWITH, THE REMEDIAL ACTION  TAKEN  WITH
 RESPECT  TO THE POLLING PLACES AND/OR ELECTION DISTRICTS IMPACTED, INDI-
 A. 8581                             3
 
 CATING IN PLAIN LANGUAGE THE DURATION AND  TIMEFRAME  OF  SUCH  REMEDIAL
 ACTION, AS FOLLOWS:
   (I)  ELECTRONICALLY  OR TELEPHONICALLY INFORM THE BIPARTISAN CO-EXECU-
 TIVE DIRECTORS OF THE STATE BOARD OF  ELECTIONS  AND  THE  CIVIL  RIGHTS
 BUREAU  OF  THE OFFICE OF THE ATTORNEY GENERAL OF THE CIRCUMSTANCES THAT
 APPEAR TO HAVE CAUSED THE DELAY OR DISRUPTION AT ISSUE, AN ACCOUNTING OF
 THE POLLING PLACES OR ELECTION DISTRICTS  IMPACTED  AND  THE  RESPECTIVE
 DURATIONS  OF SUCH DELAYS OR DISRUPTIONS, THE REMEDIAL ACTION TAKEN, AND
 A DESCRIPTION OF ALL RELATED PUBLICITY EFFORTS ALREADY UNDERTAKEN OR  TO
 BE UNDERTAKEN;
   (II)  ELECTRONICALLY OR TELEPHONICALLY INFORM ANY CANDIDATE OR COMMIT-
 TEE WITH CANDIDATES OR QUESTIONS APPEARING ON A BALLOT TO BE VOTED  UPON
 IN  ANY  SUCH POLLING PLACE OR ELECTION DISTRICT IMPACTED, OR THE DESIG-
 NATED AGENT OF SUCH CANDIDATE OR COMMITTEE OF THE REMEDIAL ACTION TAKEN,
 AND INCLUDING A DESCRIPTION OF ALL  RELATED  PUBLICITY  EFFORTS  ALREADY
 UNDERTAKEN OR TO BE UNDERTAKEN;
   (III)  ELECTRONICALLY  OR TELEPHONICALLY INFORM LOCAL PRINT AND BROAD-
 CAST NEWS MEDIA ORGANIZATIONS AND LOCAL NON-PARTISAN CIVIC ORGANIZATIONS
 AND COMMUNITY-BASED GROUPS SITUATED WITHIN THE  MUNICIPALITIES  IMPACTED
 OR  SERVING  SEGMENTS  OF  THE  VOTING  PUBLIC  OR COMMUNITIES IMPACTED,
 INCLUDING MEDIA AND  CIVIC  ORGANIZATIONS  PRIMARILY  SERVING  PREVALENT
 LANGUAGE-MINORITY  COMMUNITIES,  AND  INCLUDING  A  DESCRIPTION  OF  ALL
 RELATED PUBLICITY EFFORTS ALREADY UNDERTAKEN OR TO BE UNDERTAKEN; AND
   (IV) UTILIZE FREE OR PAID TRADITIONAL, WEBSITE, AND SOCIAL MEDIA CHAN-
 NELS AND NETWORKS, INCLUDING OFFICIAL ADVISORY  OR  PUBLIC  NOTIFICATION
 TOOLS  OR  WEBSITES  MADE  AVAILABLE  BY  THE IMPACTED COUNTY OR MUNICI-
 PALITIES, AND ISSUE ELECTRONIC MAIL OR PHONE OR TEXT  MESSAGES  DIRECTLY
 TO IMPACTED VOTERS WHO HAVE NOT ALREADY VOTED AND WHO HAVE PROVIDED SUCH
 PERSONAL  CONTACT  INFORMATION  TO THE BOARD OF ELECTIONS, TO INFORM THE
 VOTING PUBLIC RESIDING IN THE COMMUNITIES SERVED BY THE IMPACTED POLLING
 PLACES OR ELECTION DISTRICTS  OF  THE  REMEDIAL  ACTION  TAKEN  AND  THE
 REMAINING OPPORTUNITIES TO VOTE.
   (B)  PURSUANT  TO  PARAGRAPH  (A)  OF THIS SUBDIVISION, SUCH PUBLICITY
 SHALL DIRECT ATTENTION TO ANY CHANGE OF THE LOCATION OF IMPACTED POLLING
 PLACES OR ELECTION DISTRICTS, IF  APPLICABLE,  AND  SHALL  CONTAIN  SUCH
 OTHER  INFORMATION  AS  THE  BOARD OF ELECTIONS SHALL DEEM NECESSARY AND
 PROPER.
   4. ACTION BY THE BOARD OF ELECTIONS TO  PROVIDE  ADDITIONAL  TIME  FOR
 VOTING  PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE DISPOSITIVE
 AND CONCLUSIVE OF THE  ISSUE  OF  WHETHER  A  DELAY  OR  DISRUPTION  HAS
 OCCURRED WARRANTING SUCH REMEDIAL ACTION, AND ANY BALLOTS CAST BY ELIGI-
 BLE  VOTERS  DURING THE ADJUSTED REMEDIAL TIMEFRAME FOR VOTING SHALL NOT
 BE SEGREGATED FROM OTHER BALLOTS CAST BY ELIGIBLE VOTERS OR  SUBJECT  TO
 CHALLENGE  OR  JUDICIAL  REVIEW ON THE BASIS THAT SUCH BALLOTS WERE CAST
 OUT OF TIME; PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL  NOT  PREJU-
 DICE  THE  RIGHT  OF  ANY  REGISTERED  VOTER  ELIGIBLE TO VOTE AT SUCH A
 DELAYED OR DISRUPTED POLLING PLACE OR ELECTION DISTRICT, OR  ANY  CANDI-
 DATE  OR COMMITTEE WITH CANDIDATES OR QUESTIONS APPEARING ON A BALLOT TO
 BE VOTED UPON IN ANY SUCH POLLING PLACE OR ELECTION  DISTRICT,  TO  SEEK
 INDEPENDENT  JUDICIAL  RELIEF  FOR  AN ORDER EXTENDING THE TIMEFRAME FOR
 VOTING PURSUANT TO SUBDIVISION ONE OF THIS SECTION, OR FOR REVIEW OF  AN
 ADVERSE  AGENCY  DECISION  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION,
 PURSUANT TO STATE OR FEDERAL LAW.
   § 2. Subdivision 2 of section 8-100 of the election law, as separately
 amended by chapter 6 and section 1 of part BBB of chapter 55 of the laws
 of 2019, is amended to read as follows:
 A. 8581                             4
 
   2. Polls shall be open for voting during the following hours: a prima-
 ry election from six o'clock in the morning until nine  o'clock  in  the
 evening; the general election from six o'clock in the morning until nine
 o'clock in the evening; a special election called by the governor pursu-
 ant  to  the  public  officers law, and, except as otherwise provided by
 law, every other election, from six o'clock in the  morning  until  nine
 o'clock in the evening; early voting hours shall be as provided in title
 six  of this article. Early voting times shall be as provided in section
 8-600 of this article. IN THE EVENT OF A DELAY OR DISRUPTION TO  VOTING,
 THE  BOARD  OF  ELECTIONS  IS AUTHORIZED TO TOLL, ADJUST, AND EXTEND THE
 TIMEFRAME FOR VOTING PURSUANT TO SECTION 3-109 OF THIS CHAPTER.
   § 3. Section 8-102 of the election law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  IN  THE  EVENT THAT EARLY VOTING OR ELECTION DAY VOTING FOR ONE OR
 MORE ELECTION DISTRICTS OR POLL SITES IS DELAYED OR DISRUPTED  PRIOR  TO
 THE  CLOSE  OF  POLLS  ON  ANY  DAY OF ELECTION FOR A DURATION EXCEEDING
 FIFTEEN CONSECUTIVE MINUTES, THE  POLLING  PLACE  COORDINATOR,  ELECTION
 DISTRICT CHAIRPERSON, OR, IF SUCH PERSONS ARE UNAVAILABLE, ANY INSPECTOR
 OF  ELECTION,  SHALL  IMMEDIATELY  NOTIFY  THE BOARD OF ELECTIONS. THERE
 SHALL BE A PRESUMPTION OF A VIOLATION  OF  SUBDIVISION  ONE  OF  SECTION
 17-212  OF  THIS  CHAPTER  WHEN  ANY  PERSON, BY COMMISSION OR OMISSION,
 INTENTIONALLY FRUSTRATES THE PURPOSES OF THIS SECTION.
   § 4. Paragraph (f) of subdivision 4 of section 8-600 of  the  election
 law,  as added by chapter 480 of the laws of 2023, is amended to read as
 follows:
   (f) If the location of an early voting  polling  place  as  designated
 pursuant  to  paragraph  (e)  of  this subdivision changes prior to such
 early voting period, notice shall be provided to all  affected  eligible
 voters no later than five days prior to such voting period in accordance
 with  the communication plan established pursuant to subdivision five of
 this section or as soon as practicable if such  location  change  occurs
 within  five  days  of  the  commencement  of  such early voting period;
 provided, however, no such location change may occur within  forty-eight
 hours of such commencement unless there is any disaster within the mean-
 ing of section 3-108 of this chapter OR DISRUPTION WITHIN THE MEANING OF
 SECTION  3-109  OF  THIS CHAPTER or a declared state of emergency by the
 governor or any court of competent jurisdiction in the county where  the
 polling place is located.
   §  5.  This  act shall take effect October 1, 2024; provided, however,
 that if this act shall have become a law on or  after  October  1,  2024
 this  act shall take effect immediately and shall be deemed to have been
 in full force and effect on and after October 1, 2024.  Effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.