NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3816
SPONSOR: Simon TITLE OF BILL:
An act to amend the election law, in relation to additional days of
voting as a result of emergencies
PURPOSE OR GENERAL IDEA OF BILL:
This bill would provide additional days of voting as a result of emer-
gencies.
SUMMARY OF PROVISIONS:
Sections 1 and 2 of the bill set forth that this act shall be known as
the "emergency response restoration of the electoral process act" and
the legislative declaration.
Section 3 amends election law section 3-108, as added by chapter 394 of
the laws of 2008.as follows:
1. To allow for an additional day of voting during a state of emergency
in which it is determined that the ability of voters to vote has become
or will imminently become impossible and cannot be mitigated in time for
the scheduled voting.
2. If an additional day of voting is to be provided, the board of
election having jurisdiction over the election must notify newspapers in
the week preceding, and other media outlets at least a week preceding
the additional day of voting of the times and locations for additional
voting, and additionally must post notice of the same on its website.
3. The security seals on voting machines shall not be removed until the
opening of polls on the additional day of voting.
4. An additional day of voting shall not be construed to extend the time
for casting and canvassing a special or special federal ballot, but that
it shall also not invalidate a special, military or special federal
ballot received on the original voting day.
5. Adds a state of emergency to the list of emergencies upon which a
board of elections may make a finding that the ability to make a filing
is impaired and grant an extension, therefore.
6. Allows a party caucus and filings for a party caucus to be postponed
for a reasonable time due to an emergency. In case of postponement, the
state board of elections shall notify the appropriate county board of
elections and post such notice on its website; the county board of
elections shall notify media outlets of same, post notice on its website
and at the original location of the caucus as well as written notice to
the appropriate county and municipal officials.
Section 4 of the bill is the effective date.
JUSTIFICATION:
In recent years several powerful storms have coincided or very nearly
coincided with an election or nominating convention and/or caucus. In
many cases boards of election, and election workers were left scrambling
trying to figure out how to administer an election/nominating event amid
an emergency. No doubt such events have had an adverse impact on voter
turnout for affected elections.
This bill would provide for an additional period of voting or caucusing
in the event of a declared emergency. This bill clarifies and facili-
tates decision-making by boards of elections during an emergency and/or
a declaration of a state of emergency as well as communication to voters
and participants of a caucus when time is of the essence to protect
voters' safety and enable them to vote when the emergency event is over.
LEGISLATIVE HISTORY:
2023-24: A7960 Simon S2640 Comrie -referred to election law 2021-22:
A4333 Abinanti/S5804 Comrie -referred to elections 2019-20: A1612
referred to election law; same as S2754 (Comrie) referred to elections;
2017-18: A4073 referred to election law; same as S8625 (Comrie) referred
to elections; 2016: A.10277 referred to election law.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
this act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
3816
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to additional days of
voting as a result of emergencies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "emergency response restoration of the electoral process act".
3 § 2. Legislative Declaration. The legislature finds there is a need
4 for an orderly process known in advance to remedy disruptions to the
5 electoral calendar created by emergency circumstances. Because the elec-
6 toral machinery in a democracy is so important it must not be disturbed
7 or delayed lightly. Only the most exigent of circumstances can justify
8 resorting to the remedies provided by this act.
9 § 3. Section 3-108 of the election law, subdivision 4 as amended by
10 chapter 481 of the laws of 2023 and subdivision 5 as added by chapter
11 394 of the laws of 2008, is amended to read as follows:
12 § 3-108. Disaster; additional day for voting. 1. A county board of
13 elections, or the state board of elections with respect to an election
14 conducted in a district in the jurisdiction of more than one county
15 board of elections, may determine that, as the direct consequence of a
16 fire, earthquake, tornado, explosion, power failure, act of sabotage,
17 enemy attack or other disaster[, less than twenty-five per centum of the
18 registered voters of any city, town or village, or if the city of New
19 York, or any county therein, actually voted in any general election] or
20 state of emergency, the ability of voters to vote has become, or will
21 imminently become, impossible and such impossibility cannot be mitigated
22 during the scheduled course of voting. Such a determination by a county
23 board of elections shall be subject to approval by the state board of
24 elections. If the state board of elections makes such a determination,
25 it shall notify the [board] boards of elections having jurisdiction [in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05391-01-5
A. 3816 2
1 that county] over that election that an additional day of election shall
2 be held, which notice shall show: the nature of the disaster; the coun-
3 ty, city, town or village affected thereby; the number of persons duly
4 registered to vote therein at such [general] election; and the number of
5 persons who voted therein at such [general] election.
6 2. The county board of elections, or the state board of elections, as
7 applicable, shall thereafter set a date for an additional day for voting
8 in the county, city, town or village affected by the statement, which
9 shall not be more than twenty days after the original date of the
10 [general] election and shall determine the hours during which the polls
11 shall remain open on such additional day for voting; provided, however,
12 that in any event the polls shall remain open for not less than eleven
13 hours. [The] Each county board of elections having jurisdiction over
14 such election shall [publish notice thereof not less than twice in each
15 week preceding the date for the additional day for voting, in] notify
16 newspapers as designated in this chapter[, and] in the week preceding
17 the date of the additional day of voting. Such notice shall be provided
18 to all media outlets and county, town, city and village clerks and
19 municipal attorneys not less than one week preceding the date of the
20 additional day of voting and shall be posted on the board's website as
21 soon as possible. To the extent practicable, the board shall notify all
22 registered voters by mail. Such notice shall also direct attention to
23 any change of polling places and shall contain such other and additional
24 information as in the judgment of the board of elections shall be neces-
25 sary and proper.
26 3. Official ballots shall be provided at public expense at each poll-
27 ing place for such additional day of election. In any election district
28 in which voting machines were used upon the original day of voting, they
29 shall be used for the additional day for voting. The [original seal]
30 security seals on such machines shall not be removed nor shall the
31 machines be unlocked until the opening of the polls on the additional
32 day for voting and the board of elections shall provide [an] additional
33 [seal] security seals to be used as soon as the polls are closed on such
34 day.
35 4. Only those persons duly registered to vote upon the original date
36 of the [general] election who did not vote on such date shall be enti-
37 tled to vote on the additional day for voting. Voting on the additional
38 day provided for in this section shall be accomplished solely by phys-
39 ically appearing at the polling place and nothing contained in this
40 section shall be construed to extend the time set by law for casting or
41 canvassing a special, military, early mail, absentee, special federal or
42 special presidential ballot; provided, however, that nothing contained
43 herein shall be deemed to invalidate any special, military, early mail,
44 absentee, [military] special federal or special presidential ballot duly
45 received on the original date of the [general] election.
46 5. (a) A county board of elections, or the state board of elections
47 with respect to an election conducted in a political subdivision in the
48 jurisdiction of more than one county board of elections, may determine
49 that, as the direct consequence of a fire, earthquake, tornado, explo-
50 sion, power failure, act of sabotage, enemy attack or other disaster or
51 state of emergency, the ability to make a filing with respect to any
52 provision of this chapter was substantially impaired. Upon making such a
53 finding, a county board of elections, or the state board of elections
54 shall extend for a reasonable time the period for making such filing. An
55 extension granted pursuant to this subdivision [granted by a county
56 board of elections] shall not be [subject to the approval of the state
A. 3816 3
1 board of elections if such extension is] longer than [one] two business
2 [day] days.
3 (b) A county board of elections, or the state board of elections with
4 respect to an election conducted in a political subdivision in the
5 jurisdiction of more than one county board of elections, may determine
6 that, as the direct consequence of a fire, earthquake, tornado, explo-
7 sion, power failure, act of sabotage, enemy attack or other disaster or
8 state of emergency, the ability to convene a party caucus on the date
9 scheduled for such caucus and make the required filings for the purpose
10 of nominating one or more candidates was substantially impaired. Upon
11 making such a finding, a county board of elections, or the state board
12 of elections, shall postpone for a reasonable time the date of said
13 party caucus and required filings. An extension granted pursuant to this
14 subdivision shall not be longer than one week from the date of the
15 originally-scheduled party caucus.
16 (c) If an extension is granted pursuant to this subdivision by the
17 state board of elections, such board shall notify the respective county
18 boards of elections of such extension and post such notice on its
19 website.
20 (d) The county board of elections shall immediately notify media
21 outlets of the extensions provided pursuant to this section, post such
22 notice to its website and, to the extent practicable for the extension
23 of a party caucus, post such notice at the location of the originally-
24 scheduled caucus. The county board of elections shall also provide writ-
25 ten notice to all appropriate county, town, city and village clerks and
26 municipal attorneys.
27 § 4. This act shall take effect immediately.
