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A05271 Summary:

BILL NOA05271
 
SAME ASNo Same As
 
SPONSORNorris
 
COSPNSRBendett, Giglio JM, Angelino
 
MLTSPNSR
 
Amd §§4-104 & 8-600, El L
 
Authorizes the governing body or agency of a public school building to reject a designation as a polling place or an early polling place.
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A05271 Actions:

BILL NOA05271
 
03/07/2023referred to election law
05/24/2023held for consideration in election law
01/03/2024referred to election law
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A05271 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5271
 
SPONSOR: Norris
  TITLE OF BILL: An act to amend the election law, in relation to authorizing public school buildings to reject a designation as a polling place   PURPOSE OR GENERAL IDEA OF BILL: Provide public school districts the authority to deny being designated a polling location. Further provides public school districts the authority to proactively prohibit a public school building from being designated a polling location.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends section 4-104 of the Election Law providing a board or agency which controls a public school building the authority to reject a designation as a polling place, upon adoption of a resolution following a public hearing. Further provides such board or agency controlling a public school building the authority to notify, upon adoption of a resolution following a public hearing, a board of elections that certain public school buildings shall not be designated as a polling location. Section 2: Amends section 8-600 of the Election Law providing a board or agency which controls a public school building the authority to reject a designation as an early polling location. Further provides such board or agency controlling a public school building the authority to notify, upon adoption of a resolution following a public hearing, a board of elections that certain public school buildings shall not be designated as an early polling location. Section 3: Establishes the effective date.   JUSTIFICATION: Election Law provides no recourse for public school districts to deny a designation as a polling location, even if such school districts raise concerns. When designated as a polling location, public school districts are mandated to accommodate such designation and provide open access to their facilities. As a result, many districts find difficulties main- taining the safety and security of students while providing unfettered access to voters. Public school districts already face difficulties to ensure the safety and well being of their students. Also, it is not feasible for school districts to cancel classes on the days in which their buildings are used as a polling location. Public school districts face increasing challenges when developing their calendars, especially with the increase of diversity in schools. School districts must have recourse when it comes to using a public school building as a polling location. Currently, school districts are able to develop and implement safety and security policies as they see fit except when it comes to being designated as a polling location. Designation of a polling location should never trump maintaining safety of our children.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A05271 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5271
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 7, 2023
                                       ___________
 
        Introduced by M. of A. NORRIS -- read once and referred to the Committee
          on Election Law
 
        AN  ACT  to  amend  the  election law, in relation to authorizing public
          school buildings to reject a designation as a polling place
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  3  of  section 4-104 of the election law, as
     2  amended by chapter 694 of the laws  of  1989,  is  amended  to  read  as
     3  follows:
     4    3.  A board or body empowered to designate polling places shall desig-
     5  nate any public building as a polling place to the  extent  practicable.
     6  If  additional  polling  places  shall be needed, a building exempt from
     7  taxation shall be used whenever possible [as a polling place], if it  is
     8  situated  in the same or a contiguous election district, and may contain
     9  as many distinctly separate polling places  as  public  convenience  may
    10  require.  The expense, if any, incidental to its use, shall be paid like
    11  the expense of other places of registration and voting. If  a  board  or
    12  body  empowered  to  designate  polling  places  chooses a public school
    13  building for such purpose, the  board  or  agency  which  controls  such
    14  building  must make available a room or rooms in such building which are
    15  suitable for registration and voting and which are as close as  possible
    16  to  a  convenient  entrance to such building and must make available any
    17  such room or rooms which the board or  body  designating  such  building
    18  determines  are  accessible to physically disabled voters as provided in
    19  subdivision one-a of this section; provided,  however,  not  later  than
    20  forty-five  days  after  a public school building receives notice of its
    21  designation as a polling place, the board or agency which controls  such
    22  building  may  file  a  certified resolution rejecting such designation,
    23  upon adoption of a resolution following  a  public  hearing,  with  such
    24  board or body empowered to designate polling places. Notwithstanding the
    25  provisions  of  any  general,  special,  or local law, a board or agency
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09518-03-3

        A. 5271                             2
 
     1  which controls a public school building, upon adoption of  a  resolution
     2  following  a  public  hearing,  may  notify a board or body empowered to
     3  designate polling places by an affirmative certified resolution  that  a
     4  certain  public  school  building  shall  not be designated as a polling
     5  place. Notwithstanding the provisions of any general, special  or  local
     6  law,  if a board or body empowered to designate polling places chooses a
     7  publicly owned or leased building, other than a public school  building,
     8  for  such  purposes  the board or body which controls such building must
     9  make available a room or rooms in such building which are  suitable  for
    10  registration  and voting and which are as close as possible to a conven-
    11  ient entrance to such building, and must make available any such room or
    12  rooms which the board or body designating such building  determines  are
    13  accessible  to  physically disabled voters unless, not later than thirty
    14  days after notice of its designation as a polling place,  the  board  or
    15  body  controlling such building, files a written request for a cancella-
    16  tion of such designation with the board or body empowered  to  designate
    17  polling  places  on  such form as shall be provided by the board or body
    18  making such designation. The board or body  empowered  to  so  designate
    19  shall, within twenty days after such request is filed, determine whether
    20  the use of such building as a polling place would unreasonably interfere
    21  with  the  usual  activities  conducted  in  such building and upon such
    22  determination, may cancel such designation.
    23    § 2. Paragraph (a) of subdivision 2 of section 8-600 of  the  election
    24  law,  as  amended by chapter 781 of the laws of 2021, is amended to read
    25  as follows:
    26    (a) The board of elections shall designate polling  places  for  early
    27  voting,  which  may  include  the offices of the board of elections, for
    28  persons to vote early pursuant to this title.  Provided, however, should
    29  the board of elections designate a public school building as  a  polling
    30  place for early voting, the board or agency which controls such building
    31  may  file  a  certified  resolution  rejecting  such  designation,  upon
    32  adoption of a resolution following a public hearing, with the  board  of
    33  elections  within forty-five days of receiving notice of its designation
    34  as an early voting polling place.  Notwithstanding the provisions of any
    35  general, special, or local law, a  board  or  agency  which  controls  a
    36  public school building, upon adoption of a resolution following a public
    37  hearing,  may notify a board or body empowered to designate early voting
    38  polling places by an affirmative certified  resolution  that  a  certain
    39  public  school building shall not be designated as an early voting poll-
    40  ing place.
    41    § 3. This act shall take effect immediately.
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