NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1214
SPONSOR: Jacobson TITLE OF BILL:
An act to amend the election law, in relation to providing for a sepa-
rate line at polling places for persons with disabilities
PURPOSE:
To require a separate line for entrance to polling places for use by
persons with disabilities.
SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision (f) to Section 8-104 of the Election
Law to require that when polling places are open, there shall be a sepa-
rate line for entrance to the polling place for use by persons with
disabilities; seating shall be provided for each person on this line;
and admission to the polling place shall alternate between voters on
this line and voters on the general admission line.
Section 2 is the effective date which is immediately.
JUSTIFICATION:
During the 2020 election cycle, polling sites experienced long lines
during early voting periods, Primary Day and Election Day. Waiting times
varied, but often, especially during the early voting period prior to
Election Day and on Election Day, voters were on a line for two to four
hours or more.
Included in the lines were those with disabilities who had difficulty
standing for such long periods of time.
There was also confusion at the poll sites whether a separate line for
those with disabilities could be formed and how to avoid problems with
those on the main line who have patiently waited.
This bill requires a separate line for those with disabilities and seat-
ing for those on this second line. Alternating admission to "the polling
place, between this new line for those with disabilities and the general
line, will discourage those from going to the line for those with disa-
bilities in order to game the system.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A11166 - Referred to Assembly Election Law Committee
2021-2022: A4189 - Referred to Assembly Election Law Committee
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1214
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. JACOBSON, SEAWRIGHT, JACKSON, LUNSFORD, TAYLOR --
read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to providing for a sepa-
rate line at polling places for persons with disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 8-104 of the election law, as
2 amended by chapter 232 of the laws of 2020, is amended to read as
3 follows:
4 1. (a) The American flag shall be kept displayed at each polling place
5 throughout the election.
6 (b) Facsimile ballots, voter information posting and distance markers
7 shall not be taken down, torn or defaced during the election.
8 (c) While the polls are open no person shall do any electioneering
9 within the polling place, or in any public street, within a one hundred
10 foot radial measured from the entrances designated by the inspectors of
11 election, to such polling place or within such distance in any place in
12 a public manner; and no political banner, button, poster or placard
13 shall be allowed in or upon the polling place or within such one hundred
14 foot radial.
15 (d) While the polls are open no person shall consume any alcoholic
16 beverages within the polling place.
17 (e) While the polls are open no person shall make any change, alter-
18 ation or modification to any entrance to or exit from the polling place
19 unless such change, alteration or modification allows for increased
20 access for persons with disabilities or is necessary to maintain public
21 safety due to the occurrence of an emergency. Any such change, alter-
22 ation or modification shall be clearly marked on signage placed adjacent
23 to the former entrance or exit.
24 (f) While the polls are open, there shall be a separate line for
25 entrance to the polling place for use by persons with disabilities.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03123-01-3
A. 1214 2
1 Seating shall be provided for each person on this line. Admission to
2 the polling place shall alternate between voters on this line and voters
3 on the general admission line.
4 § 2. This act shall take effect immediately.
