Bill Text: NY A04802 | 2021-2022 | General Assembly | Introduced
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: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2022-05-10 - held for consideration in election law [A04802 Detail]
Download: New_York-2021-A04802-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4802 2021-2022 Regular Sessions IN ASSEMBLY February 8, 2021 ___________ Introduced by M. of A. SMITH -- 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-10es a public school building for such purpose, the board or agency which11controls such building must make available a room or rooms in such12building which are suitable for registration and voting and which are as13close as possible to a convenient entrance to such building and must14make available any such room or rooms which the board or body designat-15ing such building determines are accessible to physically disabled16voters 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[,19other 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06977-01-1A. 4802 2 1 designation as a polling place, the board or body controlling such 2 building, files a written request for a cancellation of such designation 3 with the board or body empowered to designate polling places on such 4 form as shall be provided by the board or body making such designation. 5 The board or body empowered to so designate shall, within twenty days 6 after such request is filed, determine whether the use of such building 7 as a polling place would unreasonably interfere with the usual activ- 8 ities conducted in such building and upon such determination, may cancel 9 such designation. 10 7-a. No polling place shall be located on the premises of any public 11 or private elementary or secondary school or a school for preschool 12 children, as that term is defined in paragraph i of subdivision one of 13 section forty-four hundred ten of the education law. 14 § 2. This act shall take effect immediately.