Bill Text: NY A04333 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes additional days of voting as a result of emergencies; includes state of emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-05-18 - REFERRED TO ELECTIONS [A04333 Detail]

Download: New_York-2021-A04333-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4333

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee 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. This act shall be known as the "emergency response restora-
     2  tion 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 5 as added by
    10  chapter 394 of the laws of 2008, is amended to read as follows:
    11    § 3-108. Disaster; additional day for voting. 1.  A  county  board  of
    12  elections,  or  the state board of elections with respect to an election
    13  conducted in a district in the jurisdiction  of  more  than  one  county
    14  board  of  elections, may determine that, as the direct consequence of a
    15  fire, earthquake, tornado, explosion, power failure,  act  of  sabotage,
    16  enemy attack or other disaster[, less than twenty-five per centum of the
    17  registered  voters  of  any city, town or village, or if the city of New
    18  York, or any county therein, actually voted in any general election]  or
    19  state  of  emergency,  the ability of voters to vote has become, or will
    20  imminently become, impossible and such impossibility cannot be mitigated
    21  during the scheduled course of voting. Such a determination by a  county
    22  board  of  elections  shall be subject to approval by the state board of
    23  elections. If the state board of elections makes such  a  determination,
    24  it  shall notify the [board] boards of elections having jurisdiction [in
    25  that county] over that election that an additional day of election shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00914-01-1
        A. 4333                             2

     1  be held, which notice shall show: the nature of the disaster; the  coun-
     2  ty,  city,  town or village affected thereby; the number of persons duly
     3  registered to vote therein at such [general] election; and the number of
     4  persons who voted therein at such [general] election.
     5    2.  The county board of elections, or the state board of elections, as
     6  applicable, shall thereafter set a date for an additional day for voting
     7  in the county, city, town or village affected by  the  statement,  which
     8  shall  not  be  more  than  twenty  days  after the original date of the
     9  [general] election and shall determine the hours during which the  polls
    10  shall  remain open on such additional day for voting; provided, however,
    11  that in any event the polls shall remain open for not less  than  eleven
    12  hours.  [The]  Each  county  board of elections having jurisdiction over
    13  such election shall [publish notice thereof not less than twice in  each
    14  week  preceding  the  date for the additional day for voting, in] notify
    15  newspapers as designated in this chapter[, and] in  the  week  preceding
    16  the  date of the additional day of voting. Such notice shall be provided
    17  to all media outlets and county,  town,  city  and  village  clerks  and
    18  municipal  attorneys  not  less  than one week preceding the date of the
    19  additional day of voting and shall be posted on the board's  website  as
    20  soon  as possible. To the extent practicable, the board shall notify all
    21  registered voters by mail. Such notice shall also  direct  attention  to
    22  any change of polling places and shall contain such other and additional
    23  information as in the judgment of the board of elections shall be neces-
    24  sary and proper.
    25    3.  Official ballots shall be provided at public expense at each poll-
    26  ing place for such additional day of election. In any election  district
    27  in which voting machines were used upon the original day of voting, they
    28  shall  be  used  for  the additional day for voting. The [original seal]
    29  security seals on such machines shall  not  be  removed  nor  shall  the
    30  machines  be  unlocked  until the opening of the polls on the additional
    31  day for voting and the board of elections shall provide [an]  additional
    32  [seal] security seals to be used as soon as the polls are closed on such
    33  day.
    34    4.  Only  those persons duly registered to vote upon the original date
    35  of the [general] election who did not vote on such date shall  be  enti-
    36  tled  to vote on the additional day for voting. Voting on the additional
    37  day provided for in this section shall be accomplished solely  by  phys-
    38  ically  appearing  at  the  polling  place and nothing contained in this
    39  section shall be construed to extend the time set by law for casting  or
    40  canvassing  a  special,  military,  absentee, special federal or special
    41  presidential ballot; provided, however, that  nothing  contained  herein
    42  shall  be  deemed  to invalidate any special, military, absentee, [mili-
    43  tary] special federal or special presidential ballot  duly  received  on
    44  the original date of the [general] election.
    45    5.  (a)  A  county board of elections, or the state board of elections
    46  with respect to an election conducted in a political subdivision in  the
    47  jurisdiction  of  more than one county board of elections, may determine
    48  that, as the direct consequence of a fire, earthquake,  tornado,  explo-
    49  sion,  power failure, act of sabotage, enemy attack or other disaster or
    50  state of emergency, the ability to make a filing  with  respect  to  any
    51  provision of this chapter was substantially impaired. Upon making such a
    52  finding,  a  county  board of elections, or the state board of elections
    53  shall extend for a reasonable time the period for making such filing. An
    54  extension granted pursuant to this  subdivision  [granted  by  a  county
    55  board  of  elections] shall not be [subject to the approval of the state
        A. 4333                             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.