S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9634
 
                           I N  A S S E M B L Y
 
                              March 26, 2024
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the highway law, in  relation  to  authorizing  variable
   message  signs  placed  within the right of way of highways to display
   certain voting related communications
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The highway law is amended by adding a new section 333 to
 read as follows:
   § 333. VARIABLE MESSAGE SIGNS; VOTING RELATED COMMUNICATIONS. (A)  THE
 COMMISSIONER IS AUTHORIZED TO PLACE, CAUSE TO BE PLACED, OR PERMIT TO BE
 PLACED  PERMANENT OR PORTABLE VARIABLE MESSAGE SIGNS WITHIN THE RIGHT OF
 WAY OF ANY HIGHWAY OVER WHICH HE OR  SHE  HAS  JURISDICTION,  DISPLAYING
 VOTING RELATED COMMUNICATIONS INCLUDING WITHOUT LIMITATION:
   (I) NOTICE OF THE DEADLINE TO REGISTER TO VOTE BEGINNING THE FIFTH DAY
 PRIOR  TO  THE  RESPECTIVE  DEADLINE  FOR A STATEWIDE PRIMARY OR GENERAL
 ELECTION; AND
   (II) NOTICE OF ANY STATEWIDE GENERAL, PRIMARY, OR SPECIAL ELECTION FOR
 ANY STATEWIDE PUBLIC OFFICE, BEGINNING THREE DAYS PRIOR TO AND INCLUDING
 ELECTION DAY.
   (B) PROVIDED THAT IT DOES NOT INTERFERE WITH STATE OR FEDERAL  LAW  OR
 REGULATION,  ANY  POLITICAL SUBDIVISION OF THE STATE HAVING JURISDICTION
 OVER ANY HIGHWAY IS AUTHORIZED TO PLACE, CAUSE TO BE PLACED,  OR  PERMIT
 TO  BE  PLACED  PERMANENT  OR PORTABLE VARIABLE MESSAGE SIGNS DISPLAYING
 VOTING RELATED COMMUNICATIONS WITHIN THE RIGHT OF WAY OF  SUCH  HIGHWAY,
 INCLUDING WITHOUT LIMITATION:
   (I) NOTICE OF THE DEADLINE TO REGISTER TO VOTE BEGINNING THE FIFTH DAY
 PRIOR  TO  THE  RESPECTIVE  DEADLINE  FOR A STATEWIDE PRIMARY OR GENERAL
 ELECTION; AND
   (II) NOTICE OF ANY STATEWIDE GENERAL, PRIMARY, OR SPECIAL ELECTION FOR
 ANY STATEWIDE PUBLIC OFFICE, BEGINNING THREE DAYS PRIOR TO AND INCLUDING
 ELECTION DAY.
   (C) THE COMMISSIONER SHALL CONSULT THE STATE BOARD OF ELECTIONS  PRIOR
 TO DISPLAYING VOTING RELATED COMMUNICATIONS TO ENSURE THAT SUCH COMMUNI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00801-01-3
 A. 9634                             2
 
 CATIONS ARE UNIFORM AND ACCURATE. ANY POLITICAL SUBDIVISION OF THE STATE
 HAVING  JURISDICTION  OVER  ANY HIGHWAY SHALL CONSULT THE STATE BOARD OF
 ELECTIONS PRIOR TO DISPLAYING VOTING RELATED  COMMUNICATIONS  TO  ENSURE
 THAT SUCH COMMUNICATIONS ARE UNIFORM AND ACCURATE.
   (D)  FOR  PURPOSES  OF THIS SECTION, THE TERM "VARIABLE MESSAGE SIGNS"
 SHALL INCLUDE CHANGEABLE MESSAGE SIGNS AS ADOPTED BY THE FEDERAL HIGHWAY
 SAFETY ADMINISTRATION'S  MANUAL  ON  UNIFORM  TRAFFIC  CONTROL  DEVICES,
 DYNAMIC  MESSAGE  SIGNS DEVELOPED AS PART OF THE NATIONAL TRANSPORTATION
 COMMUNICATION FOR ITS PROTOCOL, AND VARIABLE MESSAGE SIGNS AS DEFINED BY
 THE COMMISSIONER.
   (E) THE COMMISSIONER MAY GIVE PRIORITY TO OTHER  APPROPRIATE  VARIABLE
 MESSAGE  SIGN COMMUNICATIONS, INCLUDING, BUT NOT LIMITED TO, THE DISPLAY
 OF EMERGENCY ALERTS, AMBER  ALERTS,  MISSING  VULNERABLE  ADULT  ALERTS,
 MISSING  OR  EXPLOITED  CHILDREN ALERTS AND OTHER TRANSPORTATION RELATED
 MESSAGES, OVER THE COMMUNICATIONS AUTHORIZED PURSUANT TO THIS SECTION.
   § 2. No information authorized to be displayed on a  variable  message
 sign  pursuant  to  section  333 of the highway law as added by this act
 shall be displayed if advised by the United States Department of  Trans-
 portation  or  any  of its agencies that the display of such information
 will interfere with federal law or regulation or result in the reduction
 of federal aid highway funds.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a law. The department of transportation and state board of
 elections are authorized to promulgate any rules and regulations  neces-
 sary to implement the provisions of this act on its effective date on or
 before such date.