New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A02064 Summary:

A02064 Actions:

A02064 Committee Votes:

Committee:ELECTION LAW   Chair:Cusick      
DATE:04/26/2017AYE/NAY:11/4  Action: Favorable         
Cusick
Aye
Norris
Nay
Galef
Aye
McKevitt
Nay
Dinowitz
Aye
Lupinacci
Nay
Lentol
Aye
Brabenec
Nay
Lifton
Aye
Kavanagh
Aye
Abinanti
Aye
Buchwald
Aye
Blake
Aye
Walker
Excused
Carroll
Aye
Vanel
Aye

A02064 Floor Votes:

A02064 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2064
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  KAVANAGH,  CUSICK,  BLAKE, SIMON, BENEDETTO,
          SEPULVEDA, DINOWITZ,  ROSENTHAL,  GOTTFRIED,  QUART,  McDONALD,  FAHY,
          OTIS,  LUPARDO,  PERRY, ABINANTI, ROZIC, GALEF, JAFFEE, LIFTON, BRAUN-
          STEIN, PAULIN, COLTON, CAHILL, HEVESI, SOLAGES, COOK, RAMOS,  SKOUFIS,
          CYMBROWITZ  -- Multi-Sponsored by -- M. of A. BUCHWALD, LENTOL, MAGEE,
          THIELE -- read once and referred to the Committee on Election Law
 
        AN ACT to amend the election law, in relation to early voting
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  3-400 of the election law is amended by adding a
     2  new subdivision 9 to read as follows:
     3    9.  Notwithstanding  any  inconsistent  provisions  of  this  article,
     4  election  inspectors or poll clerks, if any, at polling places for early
     5  voting, shall consist of either board of elections employees  who  shall
     6  be  appointed by the commissioners of such board or duly qualified indi-
     7  viduals, appointed in the manner set forth in this section. Appointments
     8  to the offices of election inspector or poll clerk in each polling place
     9  for early voting shall be equally divided between  the  major  political
    10  parties.  The  board  of  elections  shall  assign staff and provide the
    11  resources they require to ensure wait times at early voting sites do not
    12  exceed thirty minutes.
    13    § 2. Section 4-117 of the election law is  amended  by  adding  a  new
    14  subdivision 1-a to read as follows:
    15    1-a.  The  notice  required  by  subdivision one of this section shall
    16  include the dates, hours and locations of early voting for  the  general
    17  and  primary  election.  The  board  of elections may satisfy the notice
    18  requirement of this subdivision by providing in the notice  instructions
    19  to  obtain  the  required early voting information from a website of the
    20  board of elections and providing a phone number to call for such  infor-
    21  mation.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02758-01-7
        A. 2064                             2
 
     1    § 3. Subdivision 2 of section 8-100 of the election law, as amended by
     2  chapter 335 of the laws of 2000, is amended to read as follows:
     3    2. Polls shall be open for voting during the following hours: a prima-
     4  ry  election from twelve o'clock noon until nine o'clock in the evening,
     5  except in the city of New York and  the  counties  of  Nassau,  Suffolk,
     6  Westchester,  Rockland,  Orange,  Putnam  and  Erie, and in such city or
     7  county from [six] seven o'clock in the morning until nine o'clock in the
     8  evening; the general election from six o'clock in the morning until nine
     9  o'clock in the evening; a special election called by the governor pursu-
    10  ant to the public officers law, and, except  as  otherwise  provided  by
    11  law, every other election, from [six] seven o'clock in the morning until
    12  nine  o'clock in the evening; early voting hours shall be as provided in
    13  section 8-600 of this article.
    14    § 4. Subdivision 1 of section 8-102 of the election law is amended  by
    15  adding a new paragraph (k) to read as follows:
    16    (k)  Voting  at each polling place for early voting shall be conducted
    17  in a manner consistent with the provisions of  this  article,  with  the
    18  exception  of  the tabulation and proclamation of election results which
    19  shall be completed according to subdivisions eight and nine  of  section
    20  8-600 of this article.
    21    §  5.  Section  8-104  of  the election law is amended by adding a new
    22  subdivision 7 to read as follows:
    23    7. This section shall apply on all early voting days as  provided  for
    24  in section 8-600 of this article.
    25    §  6.  Paragraph (b) of subdivision 2 of section 8-508 of the election
    26  law, as amended by chapter 200 of the laws of 1996, is amended  to  read
    27  as follows:
    28    (b)  The second section of such report shall be reserved for the board
    29  of inspectors to enter the name, address and registration serial  number
    30  of each person who is challenged on the day of election or on any day in
    31  which  there  is early voting pursuant to section 8-600 of this article,
    32  together with the reason for the challenge.   If  no  voters  are  chal-
    33  lenged,  the  board  of inspectors shall enter the words "No Challenges"
    34  across the space reserved for such names. In lieu of  preparing  section
    35  two of the challenge report, the board of elections may provide, next to
    36  the  name  of  each voter on the computer generated registration list, a
    37  place for the inspectors of election to record the information  required
    38  to be entered in such section two, or provide at the end of such comput-
    39  er  generated  registration list, a place for the inspectors of election
    40  to enter such information.
    41    § 7. Article 8 of the election law is amended by adding a new title  6
    42  to read as follows:
    43                                  TITLE VI
    44                                EARLY VOTING
    45  Section 8-600. Early voting.
    46          8-602. State  board  of  elections;  powers and duties for early
    47                   voting.
    48    § 8-600. Early voting. 1. Beginning the eighth day prior to any gener-
    49  al, primary or special election for any  public  or  party  office,  and
    50  ending on and including the second day prior to such general, primary or
    51  special  election  for  such public or party office, persons duly regis-
    52  tered and eligible to vote at such election shall be permitted  to  vote
    53  as  provided  in this title.   The board of elections of each county and
    54  the city of New York shall establish procedures, subject to approval  of
    55  the state board of elections, to ensure that persons who vote during the
        A. 2064                             3
 
     1  early  voting  period shall not be permitted to vote subsequently in the
     2  same election.
     3    2.  (a)  The board of elections of each county or the city of New York
     4  shall designate polling places for early voting in  each  county,  which
     5  may  include  the offices of the board of elections, for persons to vote
     6  early pursuant to this section. There shall be so  designated  at  least
     7  one  early  voting polling place for every full increment of fifty thou-
     8  sand registered voters in each county; provided, however, the number  of
     9  early  voting  polling  places  in  a county shall not be required to be
    10  greater than seven, and a county with fewer than fifty  thousand  voters
    11  shall have at least one early voting polling place.
    12    (b)  The board of elections of each county or the city of New York may
    13  establish additional polling places for early voting in  excess  of  the
    14  minimum  number  required  by  this  subdivision  for the convenience of
    15  eligible voters wishing to vote during the early voting period.
    16    (c) Notwithstanding the minimum number  of  early  voting  poll  sites
    17  otherwise  required  by  this  subdivision,  for  any primary or special
    18  election, upon majority vote of the board of elections,  the  number  of
    19  early  voting  sites may be reduced if the board of elections reasonably
    20  determines a lesser number of sites is sufficient to meet the  needs  of
    21  early voters.
    22    (d) Polling places for early voting shall be located to ensure, to the
    23  extent practicable, that eligible voters have adequate equitable access,
    24  taking into consideration population density, travel time to the polling
    25  place,  proximity  to  other  locations  or commonly used transportation
    26  routes and such other factors the board of elections of  the  county  or
    27  the  city of New York deems appropriate. The provisions of section 4-104
    28  of this chapter, except subdivisions four  and  five  of  such  section,
    29  shall apply to the designation of polling places for early voting except
    30  to the extent such provisions are inconsistent with this section.
    31    3.  Any  person permitted to vote early may do so at any polling place
    32  for early voting established pursuant to subdivision two of this section
    33  in the county where such voter is registered to vote. Provided, however,
    34  (a) if it is impractical to provide each polling place for early  voting
    35  all  appropriate ballots for each election to be voted on in the county,
    36  or (b) if permitting such persons to vote early  at  any  polling  place
    37  established  for  early  voting would make it impractical to ensure that
    38  such voter has not previously voted  early  during  such  election,  the
    39  board  of  elections  may  designate each polling place for early voting
    40  only for those voters registered to vote in a portion of the  county  to
    41  be  served  by  such  polling  place for early voting, provided that all
    42  voters in each county shall have one or more  polling  places  at  which
    43  they  are  eligible  to  vote  throughout  the  early voting period on a
    44  substantially equal basis.
    45    4. (a) Polls shall be open for early voting for at least  eight  hours
    46  between  seven  o'clock  in the morning and eight o'clock in the evening
    47  each week day during the early voting period.
    48    (b) At least one polling place for  early  voting  shall  remain  open
    49  until  eight  o'clock  in  the evening on at least two week days in each
    50  calendar week during the early voting period.   If  polling  places  for
    51  early voting are limited to voters from certain areas pursuant to subdi-
    52  vision  three  of  this  section,  polling places that remain open until
    53  eight o'clock shall be designated such that any person entitled to  vote
    54  early  may  vote until eight o'clock in the evening on at least two week
    55  days during the early voting period.
        A. 2064                             4
 
     1    (c) Polls shall be open for early  voting  for  at  least  five  hours
     2  between  nine  o'clock  in the morning and six o'clock in the evening on
     3  each Saturday, Sunday and legal holiday during the early voting period.
     4    (d)  Nothing  in this section shall be construed to prohibit any board
     5  of elections from establishing a greater  number  of  hours  for  voting
     6  during  the  early  voting period beyond the number of hours required in
     7  this subdivision.
     8    (e) Early voting polling places and their hours of operation for early
     9  voting at a general election shall be designated by May  first  of  each
    10  year  pursuant  to  subdivision  one  of  section 4-104 of this chapter.
    11  Notwithstanding the provisions of subdivision one of  section  4-104  of
    12  this  chapter requiring poll site designation by May first, early voting
    13  polling places and their hours of  operation  for  early  voting  for  a
    14  primary or special election shall be made not later than forty-five days
    15  before such primary or special election.
    16    5. Each board of elections shall create a communication plan to inform
    17  eligible voters of the opportunity to vote early.  Such plan may utilize
    18  any  and all media outlets, including social media, and shall publicize:
    19  the location and dates and hours of operation of all polling places  for
    20  early  voting; an indication of whether each polling place is accessible
    21  to voters with physical disabilities; a clear and unambiguous notice  to
    22  voters  that  if  they cast a ballot during the early voting period they
    23  will not be allowed to vote election day;  and  if  polling  places  for
    24  early voting are limited to voters from certain areas pursuant to subdi-
    25  vision  three  of  this  section, the location of the polling places for
    26  early voting serving the voters of each particular city, town  or  other
    27  political subdivision.
    28    6.  The  form  of paper ballots used in early voting shall comply with
    29  the provisions of article seven of this chapter that are  applicable  to
    30  voting  by paper ballot on election day and such ballot shall be cast in
    31  the same manner as provided  for  in  section  8-312  of  this  article,
    32  provided,  however,  that  ballots  cast  during the early voting period
    33  shall be secured in the manner of voted ballots cast on election day and
    34  such ballots shall not be canvassed or examined until after the close of
    35  the polls on election day, and no  unofficial  tabulations  of  election
    36  results  shall  be printed or viewed in any manner until after the close
    37  of polls on election day.
    38    7. Voters casting ballots pursuant to this title shall be  subject  to
    39  challenge  as  provided in sections 8-500, 8-502 and 8-504 of this arti-
    40  cle.
    41    8. Notwithstanding any other provisions of this chapter, at the end of
    42  each day of early voting, any early voting ballots that  have  not  been
    43  scanned because a ballot scanner was not available or because the ballot
    44  has been abandoned by the voter at the ballot scanner shall be cast in a
    45  manner  consistent  with section 9-110 of this chapter, except that such
    46  ballots which cannot then be cast on a  ballot  scanner  shall  be  held
    47  inviolate and unexamined and shall be duly secured until after the close
    48  of  polls  on  election  day  when  such  ballots  shall be examined and
    49  canvassed in a manner consistent with subdivision two of  section  9-110
    50  of this chapter.
    51    9.  The  board of elections shall secure all ballots and scanners used
    52  for early voting from the beginning of the early voting  period  through
    53  the  close  of  the  polls on election day; provided, however, the state
    54  board of elections may by regulation duly adopted by a majority of  such
    55  board  establish  a  procedure  whereby  ballot  scanners used for early
    56  voting may also be used on election day if the portable  memory  devices
        A. 2064                             5
 
     1  used  during  early voting containing the early voting election informa-
     2  tion and vote tabulations are properly secured apart from the  scanners,
     3  and  the  results  therefrom  shall be duly canvassed after the close of
     4  polls on election day.
     5    10.  After  the close of polls on election day, inspectors or board of
     6  elections employees appointed  to  canvass  ballots  cast  during  early
     7  voting  shall  follow  all  relevant  provisions of article nine of this
     8  chapter that are not inconsistent with  this  section,  for  canvassing,
     9  processing, recording, and announcing results of voting at polling plac-
    10  es  for early voting, and securing ballots, scanners, and other election
    11  materials. Such canvass may  occur  at  the  offices  of  the  board  of
    12  elections,  at  the  early  voting  polling place or such other location
    13  designated by the board of elections.
    14    11. Notwithstanding the  requirements  of  this  title  requiring  the
    15  canvass  of ballots cast during early voting after the close of polls on
    16  election day, such canvass may begin one hour before the scheduled close
    17  of polls on election day provided the board of elections  adopts  proce-
    18  dures  to  prevent  the  public release of election results prior to the
    19  close of polls on election day and such procedures shall  be  consistent
    20  with  the regulations of the state board of elections and shall be filed
    21  with the state board of elections at least thirty days before they shall
    22  be effective.
    23    § 8-602. State board of elections; powers and duties for early voting.
    24  Any  rule  or  regulation  necessary  for  the  implementation  of   the
    25  provisions  of  this  title  shall  be promulgated by the state board of
    26  elections  provided  that  such  rules  and  regulations  shall  include
    27  provisions  to  ensure  that  ballots  cast early, by any method allowed
    28  under law, are counted and canvassed as if cast  on  election  day.  The
    29  state  board  of  elections  shall  promulgate any other rules and regu-
    30  lations necessary to ensure an efficient and fair early  voting  process
    31  that  respects  the  privacy  of the voter. Provided, further, that such
    32  rules and regulations shall require that the voting history  record  for
    33  each  voter  be  continually  updated  to reflect each instance of early
    34  voting by such voter.
    35    § 8. This act shall take effect on the first of January next  succeed-
    36  ing  the date on which it shall have become a law and shall apply to any
    37  election held 120 days or more after it shall have taken effect.