Bill Text: NY A09813 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes no polling place shall be located on the premises of any public or private elementary or secondary school or a school for preschool children.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced) 2024-04-09 - referred to election law [A09813 Detail]

Download: New_York-2023-A09813-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9813

                   IN ASSEMBLY

                                      April 9, 2024
                                       ___________

        Introduced  by M. of A. DURSO -- read once and referred to the Committee
          on Election Law

        AN ACT to amend the election law, in relation to establishing no  school
          shall serve 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 and a new subdi-
     3  vision 7-a is added to read as follows:
     4    3. A building exempt from taxation shall be used whenever possible  as
     5  a  polling  place if it is situated in the same or a contiguous election
     6  district, and may contain as many distinctly separate polling places  as
     7  public  convenience  may require. The expense, if any, incidental to its
     8  use, shall be paid like the expense of other places of registration  and
     9  voting. [If a board or body empowered to designate polling places choos-
    10  es  a public school building for such purpose, the board or agency which
    11  controls such building must make available  a  room  or  rooms  in  such
    12  building which are suitable for registration and voting and which are as
    13  close  as  possible  to  a convenient entrance to such building and must
    14  make available any such room or rooms which the board or body  designat-
    15  ing  such  building  determines  are  accessible  to physically disabled
    16  voters as provided in subdivision one-a.] Notwithstanding the provisions
    17  of any general, special or local law, if a board or  body  empowered  to
    18  designate  polling  places chooses a publicly owned or leased building[,
    19  other than a public school building,] for such  purposes  the  board  or
    20  body which controls such building must make available a room or rooms in
    21  such  building  which are suitable for registration and voting and which
    22  are as close as possible to a convenient entrance to such building,  and
    23  must  make  available  any  such  room  or rooms which the board or body
    24  designating such building determines are accessible to physically  disa-
    25  bled  voters  unless,  not  later  than  thirty days after notice of its
    26  designation as a polling place,  the  board  or  body  controlling  such
    27  building, files a written request for a cancellation of such designation
    28  with  the  board  or  body empowered to designate polling places on such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01044-01-3
        A. 9813                             2

     1  form as shall be provided by the board or body making such  designation.
     2  The  board  or  body empowered to so designate shall, within twenty days
     3  after such request is filed, determine whether the use of such  building
     4  as  a  polling  place would unreasonably interfere with the usual activ-
     5  ities conducted in such building and upon such determination, may cancel
     6  such designation.
     7    7-a. No polling place shall be located on the premises of  any  public
     8  or  private  elementary  or  secondary  school or a school for preschool
     9  children, as that term is defined in paragraph i of subdivision  one  of
    10  section forty-four hundred ten of the education law.
    11    § 2. This act shall take effect immediately.