STATE OF NEW YORK
________________________________________________________________________
7856
IN SENATE
January 3, 2024
___________
Introduced by Sens. GOUNARDES, SKOUFIS -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to providing a remedy for
election disruptions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The election law is amended by adding a new section 3-109
2 to read as follows:
3 § 3-109. Disruption; additional time for voting; publicity of remedy.
4 1. (a) Except as provided in subdivision two of this section, in the
5 event that early voting or election day voting at one or more polling
6 places, or for one or more election districts, is delayed or disrupted
7 prior to the close of polls on any day of election for a duration
8 exceeding fifteen consecutive minutes, the board of elections shall
9 toll, adjust, and extend the scheduled timeframe for voting on that day
10 of election to account for and compensate the lost time for voting at
11 all such impacted polling places or election districts.
12 (b) Pursuant to paragraph (a) of this subdivision, in the event that
13 early voting or election day voting at one or more polling places, or
14 for one or more election districts, is delayed or disrupted, such sched-
15 uled timeframe for voting shall be tolled, beginning from the actual
16 time of commencement of the delay or disruption to voting, or, if such
17 actual time cannot be reasonably determined by the board of elections,
18 beginning at the latest from the time a report of such delay or
19 disruption is first electronically transmitted or telephonically commu-
20 nicated to the board of elections. Such tolling shall continue until
21 such time as the delay or disruption to voting has ended and the
22 impacted election districts and polling places have reopened for voting,
23 or the time for the scheduled close of polls on that day of election,
24 whichever occurs first. The scheduled timeframe for voting shall then be
25 adjusted, proportionately, for each such polling place or election
26 district, and extended on that day of election, or, if extending the
27 timeframe for voting at such election districts or polling places on
28 that day of election, or in that location, would be administratively
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13794-02-3
S. 7856 2
1 impracticable, such additional time for voting shall be scheduled on the
2 next day for voting or a successive day for voting scheduled for the
3 same election, but not later than election day, in the same polling
4 place or, if such polling place is unavailable, at alternative locations
5 that may be designated as polling places pursuant to the provisions of
6 section 4-104 of this chapter and is, to the extent practicable, in
7 close proximity to the delayed or disrupted polling places or election
8 districts, to account for and compensate the lost time at all such
9 impacted polling places or election districts.
10 (c) In any election district or polling place in which a voting
11 machine or voting system was used prior to a delay or disruption, such
12 machine or system shall be used for the additional time for voting
13 unless found to be inoperable, in which case the provisions of section
14 7-120 of this chapter shall apply. Except as directed by the board of
15 elections, the original seal on such machines shall not be removed nor
16 shall the machines be unlocked until the reopening of the polls and the
17 board of elections shall provide additional seals as necessary to be
18 used as soon as the polls are closed on such day. The state board of
19 elections shall promulgate rules and/or regulations to ensure the fair,
20 transparent, and uniform administration of this section.
21 2. (a) By majority vote of the commissioners, the board of elections
22 may determine that the remedy of additional time for voting to account
23 and compensate for the lost time for voting as prescribed by subdivision
24 one of this section would constitute inappropriate or unnecessary relief
25 in light of the particular circumstances of delay or disruption
26 presented at a specific polling place or election district. Such vote
27 shall be taken during a public meeting held for such purpose, shall
28 specify the cause or nature of the delay or disruption, and shall memo-
29 rialize in writing the results of any such vote and the particular
30 considerations relied upon by the board of elections in reaching a
31 determination that a proportionate extension of time to account and
32 compensate for the lost time at such impacted polling places or election
33 districts would constitute inappropriate or unnecessary relief.
34 (b) In the event that the board of elections reaches such determi-
35 nation, such board shall electronically or telephonically inform the
36 bipartisan co-executive directors of the state board of elections and
37 the civil rights bureau of the office of the attorney general regard-
38 ing the circumstances that appear to have caused delay or disruption and
39 an accounting of the polling places or election districts impacted,
40 the respective durations of such delays or disruptions, the results of
41 such vote, the particular circumstances relied upon by the board of
42 elections in reaching a determination that a proportionate extension
43 of time to account and compensate for the lost time at such impacted
44 polling places or election districts would constitute inappropriate or
45 unnecessary relief, any alternative remedial action taken by the
46 board of elections or other individuals or entities, and a description
47 of all related publicity efforts already undertaken or to be undertaken.
48 3. (a) In the event that the scheduled timeframe for early voting or
49 election day voting at one or more polling places, or for one or more
50 election districts, is extended pursuant to subdivision one of this
51 section, the board of elections shall, with the assistance of the state
52 board of elections, and under the coordination of the state board of
53 elections if necessary, make use of all reasonable means and channels of
54 communications to publicize, forthwith, the remedial action taken with
55 respect to the polling places and/or election districts impacted, indi-
S. 7856 3
1 cating in plain language the duration and timeframe of such remedial
2 action, as follows:
3 (i) electronically or telephonically inform the bipartisan co-execu-
4 tive directors of the state board of elections and the civil rights
5 bureau of the office of the attorney general of the circumstances that
6 appear to have caused the delay or disruption at issue, an accounting of
7 the polling places or election districts impacted and the respective
8 durations of such delays or disruptions, the remedial action taken, and
9 a description of all related publicity efforts already undertaken or to
10 be undertaken;
11 (ii) electronically or telephonically inform any candidate or commit-
12 tee with candidates or questions appearing on a ballot to be voted upon
13 in any such polling place or election district impacted, or the desig-
14 nated agent of such candidate or committee of the remedial action taken,
15 and including a description of all related publicity efforts already
16 undertaken or to be undertaken;
17 (iii) electronically or telephonically inform local print and broad-
18 cast news media organizations and local non-partisan civic organizations
19 and community-based groups situated within the municipalities impacted
20 or serving segments of the voting public or communities impacted,
21 including media and civic organizations primarily serving prevalent
22 language-minority communities, and including a description of all
23 related publicity efforts already undertaken or to be undertaken; and
24 (iv) utilize free or paid traditional, website, and social media chan-
25 nels and networks, including official advisory or public notification
26 tools or websites made available by the impacted county or munici-
27 palities, and issue electronic mail or phone or text messages directly
28 to impacted voters who have not already voted and who have provided such
29 personal contact information to the board of elections, to inform the
30 voting public residing in the communities served by the impacted polling
31 places or election districts of the remedial action taken and the
32 remaining opportunities to vote.
33 (b) Pursuant to paragraph (a) of this subdivision, such publicity
34 shall direct attention to any change of the location of impacted polling
35 places or election districts, if applicable, and shall contain such
36 other information as the board of elections shall deem necessary and
37 proper.
38 4. Action by the board of elections to provide additional time for
39 voting pursuant to subdivision one of this section shall be dispositive
40 and conclusive of the issue of whether a delay or disruption has
41 occurred warranting such remedial action, and any ballots cast by eligi-
42 ble voters during the adjusted remedial timeframe for voting shall not
43 be segregated from other ballots cast by eligible voters or subject to
44 challenge or judicial review on the basis that such ballots were cast
45 out of time; provided, however, that this subdivision shall not preju-
46 dice the right of any registered voter eligible to vote at such a
47 delayed or disrupted polling place or election district, or any candi-
48 date or committee with candidates or questions appearing on a ballot to
49 be voted upon in any such polling place or election district, to seek
50 independent judicial relief for an order extending the timeframe for
51 voting pursuant to subdivision one of this section, or for review of an
52 adverse agency decision pursuant to subdivision two of this section,
53 pursuant to state or federal law.
54 § 2. Subdivision 2 of section 8-100 of the election law, as separately
55 amended by chapter 6 and section 1 of part BBB of chapter 55 of the laws
56 of 2019, is amended to read as follows:
S. 7856 4
1 2. Polls shall be open for voting during the following hours: a prima-
2 ry election from six o'clock in the morning until nine o'clock in the
3 evening; the general election from six o'clock in the morning until nine
4 o'clock in the evening; a special election called by the governor pursu-
5 ant to the public officers law, and, except as otherwise provided by
6 law, every other election, from six o'clock in the morning until nine
7 o'clock in the evening; early voting hours shall be as provided in title
8 six of this article. Early voting times shall be as provided in section
9 8-600 of this article. In the event of a delay or disruption to voting,
10 the board of elections is authorized to toll, adjust, and extend the
11 timeframe for voting pursuant to section 3-109 of this chapter.
12 § 3. Section 8-102 of the election law is amended by adding a new
13 subdivision 3 to read as follows:
14 3. In the event that early voting or election day voting for one or
15 more election districts or poll sites is delayed or disrupted prior to
16 the close of polls on any day of election for a duration exceeding
17 fifteen consecutive minutes, the polling place coordinator, election
18 district chairperson, or, if such persons are unavailable, any inspector
19 of election, shall immediately notify the board of elections. There
20 shall be a presumption of a violation of subdivision one of section
21 17-212 of this chapter when any person, by commission or omission,
22 intentionally frustrates the purposes of this section.
23 § 4. Paragraph (f) of subdivision 4 of section 8-600 of the election
24 law, as added by chapter 480 of the laws of 2023, is amended to read as
25 follows:
26 (f) If the location of an early voting polling place as designated
27 pursuant to paragraph (e) of this subdivision changes prior to such
28 early voting period, notice shall be provided to all affected eligible
29 voters no later than five days prior to such voting period in accordance
30 with the communication plan established pursuant to subdivision five of
31 this section or as soon as practicable if such location change occurs
32 within five days of the commencement of such early voting period;
33 provided, however, no such location change may occur within forty-eight
34 hours of such commencement unless there is any disaster within the mean-
35 ing of section 3-108 of this chapter or disruption within the meaning of
36 section 3-109 of this chapter or a declared state of emergency by the
37 governor or any court of competent jurisdiction in the county where the
38 polling place is located.
39 § 5. This act shall take effect October 1, 2024; provided, however,
40 that if this act shall have become a law on or after October 1, 2024
41 this act shall take effect immediately and shall be deemed to have been
42 in full force and effect on and after October 1, 2024. Effective imme-
43 diately, the addition, amendment and/or repeal of any rule or regulation
44 necessary for the implementation of this act on its effective date are
45 authorized to be made and completed on or before such effective date.
