Bill Text: NY S08625 | 2017-2018 | 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: (Introduced - Dead) 2018-05-10 - REFERRED TO ELECTIONS [S08625 Detail]

Download: New_York-2017-S08625-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8625
                    IN SENATE
                                      May 10, 2018
                                       ___________
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections
        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
    26  be  held, which notice shall show: the nature of the disaster; the coun-
    27  ty, city, town or village affected thereby; the number of  persons  duly
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03954-01-7
        S. 8625                             2
     1  registered to vote therein at such [general] election; and the number of
     2  persons who voted therein at such [general] election.
     3    2.  The county board of elections, or the state board of elections, as
     4  applicable, shall thereafter set a date for an additional day for voting
     5  in the county, city, town or village affected by  the  statement,  which
     6  shall  not  be  more  than  twenty  days  after the original date of the
     7  [general] election and shall determine the hours during which the  polls
     8  shall  remain open on such additional day for voting; provided, however,
     9  that in any event the polls shall remain open for not less  than  eleven
    10  hours.  [The]  Each  county  board of elections having jurisdiction over
    11  such election shall [publish notice thereof not less than twice in  each
    12  week  preceding  the  date for the additional day for voting, in] notify
    13  newspapers as designated in this chapter[, and] in  the  week  preceding
    14  the  date of the additional day of voting. Such notice shall be provided
    15  to all media outlets and county,  town,  city  and  village  clerks  and
    16  municipal  attorneys  not  less  than one week preceding the date of the
    17  additional day of voting and shall be posted on the board's  website  as
    18  soon  as possible. To the extent practicable, the board shall notify all
    19  registered voters by mail. Such notice shall also  direct  attention  to
    20  any change of polling places and shall contain such other and additional
    21  information as in the judgment of the board of elections shall be neces-
    22  sary and proper.
    23    3.  Official ballots shall be provided at public expense at each poll-
    24  ing place for such additional day of election. In any election  district
    25  in which voting machines were used upon the original day of voting, they
    26  shall  be  used  for  the additional day for voting. The [original seal]
    27  security seals on such machines shall  not  be  removed  nor  shall  the
    28  machines  be  unlocked  until the opening of the polls on the additional
    29  day for voting and the board of elections shall provide [an]  additional
    30  [seal] security seals to be used as soon as the polls are closed on such
    31  day.
    32    4.  Only  those persons duly registered to vote upon the original date
    33  of the [general] election who did not vote on such date shall  be  enti-
    34  tled  to vote on the additional day for voting. Voting on the additional
    35  day provided for in this section shall be accomplished solely  by  phys-
    36  ically  appearing  at  the  polling  place and nothing contained in this
    37  section shall be construed to extend the time set by law for casting  or
    38  canvassing  a  special,  military,  absentee, special federal or special
    39  presidential ballot; provided, however, that  nothing  contained  herein
    40  shall  be  deemed  to invalidate any special, military, absentee, [mili-
    41  tary] special federal or special presidential ballot  duly  received  on
    42  the original date of the [general] election.
    43    5.  (a)  A  county board of elections, or the state board of elections
    44  with respect to an election conducted in a political subdivision in  the
    45  jurisdiction  of  more than one county board of elections, may determine
    46  that, as the direct consequence of a fire, earthquake,  tornado,  explo-
    47  sion,  power failure, act of sabotage, enemy attack or other disaster or
    48  state of emergency, the ability to make a filing  with  respect  to  any
    49  provision of this chapter was substantially impaired. Upon making such a
    50  finding,  a  county  board of elections, or the state board of elections
    51  shall extend for a reasonable time the period for making such filing. An
    52  extension granted pursuant to this  subdivision  [granted  by  a  county
    53  board  of  elections] shall not be [subject to the approval of the state
    54  board of elections if such extension is] longer than [one] two  business
    55  [day] days.
        S. 8625                             3
     1    (b)  A county board of elections, or the state board of elections with
     2  respect to an election conducted  in  a  political  subdivision  in  the
     3  jurisdiction  of  more than one county board of elections, may determine
     4  that, as the direct consequence of a fire, earthquake,  tornado,  explo-
     5  sion,  power failure, act of sabotage, enemy attack or other disaster or
     6  state of emergency, the ability to convene a party caucus  on  the  date
     7  scheduled  for such caucus and make the required filings for the purpose
     8  of nominating one or more candidates was substantially impaired.    Upon
     9  making  such  a finding, a county board of elections, or the state board
    10  of elections, shall postpone for a reasonable  time  the  date  of  said
    11  party caucus and required filings. An extension granted pursuant to this
    12  subdivision  shall  not  be  longer  than  one week from the date of the
    13  originally-scheduled party caucus.
    14    (c) If an extension is granted pursuant to  this  subdivision  by  the
    15  state  board of elections, such board shall notify the respective county
    16  boards of elections of such  extension  and  post  such  notice  on  its
    17  website.
    18    (d)  The  county  board  of  elections  shall immediately notify media
    19  outlets of the extensions provided pursuant to this section,  post  such
    20  notice  to  its website and, to the extent practicable for the extension
    21  of a party caucus, post such notice at the location of  the  originally-
    22  scheduled caucus. The county board of elections shall also provide writ-
    23  ten  notice to all appropriate county, town, city and village clerks and
    24  municipal attorneys.
    25    § 4. This act shall take effect immediately.