S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3813
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 18, 2015
                                      ___________
       Introduced by Sens. STEWART-COUSINS, COMRIE, GIANARIS, HOYLMAN, KRUEGER,
         PERKINS, SANDERS, SERRANO, STAVISKY -- 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 early voting
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 3-400 of the election law is amended  by  adding  a
    2  new subdivision 9 to read as follows:
    3    9.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  THIS  SECTION,
    4  ELECTION INSPECTORS OR POLL CLERKS, IF ANY, AT EARLY  VOTING  LOCATIONS,
    5  SHALL  CONSIST  OF  EITHER  BOARD  OF  ELECTIONS  EMPLOYEES WHO SHALL BE
    6  APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED  INDIVID-
    7  UALS,  APPOINTED  IN THE MANNER SET FORTH IN THIS SECTION.  APPOINTMENTS
    8  TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH EARLY  VOTING
    9  LOCATION SHALL BE EQUALLY DIVIDED BETWEEN THE MAJOR POLITICAL PARTIES.
   10    S 2. Subdivision 1 of section 4-117 of the election law, as amended by
   11  chapter 288 of the laws of 2009, is amended to read as follows:
   12    1.  The  board  of elections, between August first and August fifth of
   13  each year, shall send by first class mail on which is endorsed  "ADDRESS
   14  CORRECTION  REQUESTED"  and  which contains a request that any such mail
   15  received for persons not residing at the address be dropped back in  the
   16  mail,  a  communication,  in  a  form  approved  by  the  state board of
   17  elections, to every registered voter who has been registered  without  a
   18  change  of  address  since  the  beginning of such year, except that the
   19  board of elections shall not be required to send such communications  to
   20  voters  in  inactive status. The communication shall notify the voter of
   21  the days and hours of the ensuing primary and general elections, INCLUD-
   22  ING THE DAYS AND HOURS FOR EARLY VOTING AND THE LOCATIONS THEREFOR,  the
   23  place  where  he  appears  by his registration records to be entitled to
   24  vote, the fact that voters who have moved or will have  moved  from  the
   25  address  where  they  were  last registered must re-register or, that if
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02563-01-5
       S. 3813                             2
    1  such move was to another address in the same county or city,  that  such
    2  voter  may  either  notify  the board of elections of his new address or
    3  vote by paper ballot at the polling place for his new  address  even  if
    4  such  voter  has  not  re-registered, or otherwise notified the board of
    5  elections of the change of address. If the location of the polling place
    6  for the voter's election district  has  been  moved,  the  communication
    7  shall contain the following legend in bold type: "YOUR POLLING PLACE HAS
    8  BEEN  CHANGED.  YOU NOW VOTE AT..........". The communication shall also
    9  indicate whether the polling place is accessible to physically  disabled
   10  voters, that a voter who will be out of the city or county on the day of
   11  the  primary  or  general  election  or a voter who is ill or physically
   12  disabled may obtain an absentee ballot, that a physically disabled voter
   13  whose polling place is not accessible may request that his  registration
   14  record  be moved to an election district which has a polling place which
   15  is accessible, the phone number to  call  for  applications  to  move  a
   16  registration  record  or  for  absentee  ballot  applications, the phone
   17  number to call for the location of registration and polling places,  the
   18  phone  number  to call to indicate that the voter is willing to serve on
   19  election day as an election inspector, poll  clerk,  interpreter  or  in
   20  other  capacities, the phone number to call to obtain an application for
   21  registration  by  mail,  and  such  other  information  concerning   the
   22  elections  or  registration as the board may include. In lieu of sending
   23  such communication to every registered voter, the board of elections may
   24  send a single communication to a  household  containing  more  than  one
   25  registered  voter,  provided that the names of all such voters appear as
   26  part of the address on such communication.
   27    S 3. Subdivision 1 of section 8-102 of the election law is amended  by
   28  adding a new paragraph (k) to read as follows:
   29    (K)  VOTING  AT  EACH EARLY VOTING SITE SHALL BE CONDUCTED IN A MANNER
   30  CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, WITH  THE  EXCEPTION  OF
   31  THE  TABULATION  AND  PROCLAMATION  OF  ELECTION  RESULTS WHICH SHALL BE
   32  COMPLETED ACCORDING TO SUBDIVISIONS EIGHT,  NINE,  AND  TEN  OF  SECTION
   33  8-600 OF THIS ARTICLE.
   34    S  4.  Section  8-104  of  the election law is amended by adding a new
   35  subdivision 7 to read as follows:
   36    7. THIS SECTION SHALL APPLY ON ALL EARLY VOTING DAYS AS  PROVIDED  FOR
   37  IN SECTION 8-600 OF THIS ARTICLE.
   38    S  5.  Paragraph (b) of subdivision 2 of section 8-508 of the election
   39  law, as amended by chapter 200 of the laws of 1996, is amended  to  read
   40  as follows:
   41    (b)  The second section of such report shall be reserved for the board
   42  of inspectors to enter the name, address and registration serial  number
   43  of each person who is challenged on the day of election OR ON ANY DAY IN
   44  WHICH  THERE  IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
   45  together with the reason for the challenge.   If  no  voters  are  chal-
   46  lenged,  the  board  of inspectors shall enter the words "No Challenges"
   47  across the space reserved for such names. In lieu of  preparing  section
   48  two of the challenge report, the board of elections may provide, next to
   49  the  name  of  each voter on the computer generated registration list, a
   50  place for the inspectors of election to record the information  required
   51  to be entered in such section two, or provide at the end of such comput-
   52  er  generated  registration list, a place for the inspectors of election
   53  to enter such information.
   54    S 6. Article 8 of the election law is amended by adding a new title  6
   55  to read as follows:
       S. 3813                             3
    1                                  TITLE VI
    2                                EARLY VOTING
    3  SECTION 8-600. EARLY VOTING.
    4          8-602. STATE  BOARD  OF  ELECTIONS;  POWERS AND DUTIES FOR EARLY
    5                   VOTING.
    6    S 8-600. EARLY VOTING. 1. BEGINNING THE THIRD THURSDAY  PRIOR  TO  ANY
    7  GENERAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE, AND THE SECOND THURSDAY
    8  PRIOR TO ANY PRIMARY OR SPECIAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE,
    9  AND  ENDING  ON THE THURSDAY IMMEDIATELY PRECEDING A GENERAL, PRIMARY OR
   10  SPECIAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE, PERSONS DULY REGISTERED
   11  AND ELIGIBLE TO VOTE FOR CANDIDATES FOR SUCH OFFICE SHALL  BE  PERMITTED
   12  TO  VOTE IN PERSON BY BALLOT FOR A CANDIDATE FOR SUCH OFFICE. VOTERS WHO
   13  CAST A VOTE AT AN EARLY VOTING SITE DURING THE EARLY VOTING PERIOD SHALL
   14  BE PROHIBITED FROM VOTING ON ELECTION DAY.
   15    2. THE BOARD OF ELECTIONS OF EACH COUNTY SHALL DESIGNATE AT LEAST FIVE
   16  POLLING SITES, INCLUDING THE BOARD OF ELECTIONS ITSELF, IN  EACH  COUNTY
   17  OR  BOROUGH  IN THE CITY OF NEW YORK, FOR PERSONS TO VOTE EARLY PURSUANT
   18  TO THIS SECTION. SUCH POLLING SITES SHALL BE GEOGRAPHICALLY  LOCATED  SO
   19  AS  TO  PROVIDE  ALL VOTERS IN THE COUNTY AN EQUAL OPPORTUNITY TO CAST A
   20  BALLOT, INSOFAR AS IS PRACTICABLE.  IN  THE  EVENT  THAT  THE  BOARD  OF
   21  ELECTIONS  DETERMINES  THAT THE NUMBER OF EARLY VOTING SITES IS INSUFFI-
   22  CIENT DUE TO THE NUMBER OF VOTERS WHO ARE VOTING  EARLY,  THE  BOARD  OF
   23  ELECTIONS  MAY  ESTABLISH  ADDITIONAL EARLY VOTING SITES FOR THE CONVEN-
   24  IENCE OF ELIGIBLE VOTERS WISHING TO VOTE AT  SUCH  EARLY  VOTING  SITES.
   25  FURTHER,  THE  BOARD OF ELECTIONS SHALL GIVE ADEQUATE NOTICE TO ELIGIBLE
   26  VOTERS OF SUCH ADDITIONAL EARLY VOTING SITES. THE PROVISIONS OF  SECTION
   27  4-104  OF  THIS CHAPTER SHALL APPLY TO THE DESIGNATION OF POLLING PLACES
   28  FOR EARLY VOTING EXCEPT WHERE SUCH PROVISIONS ARE INCONSISTENT WITH THIS
   29  SUBDIVISION.
   30    3. ANY PERSON ENTITLED TO VOTE EARLY MAY DO SO  AT  ANY  EARLY  VOTING
   31  SITE  ESTABLISHED  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION IN THE
   32  COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE PROVIDED, HOWEVER,  IF  IT
   33  IS  IMPRACTICAL  FOR THE COUNTY BOARD OF ELECTIONS TO PROVIDE EACH EARLY
   34  VOTING SITE ALL APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON  IN
   35  THE  COUNTY  OR  SUCH  BOARD  OF ELECTIONS IS UNABLE TO ENSURE THAT SUCH
   36  VOTER HAS NOT PREVIOUSLY VOTED EARLY DURING SUCH ELECTION, THE BOARD  OF
   37  ELECTIONS  SHALL  PROVIDE  APPROPRIATE  FORMS  OF BALLOTS ONLY FOR THOSE
   38  VOTERS REGISTERED TO VOTE IN THE AREA SERVED BY SUCH EARLY  VOTING  SITE
   39  AS DESIGNATED BY THE BOARD OF ELECTIONS.
   40    4.  POLLS  SHALL  BE  OPEN  FOR EARLY VOTING FROM EIGHT O'CLOCK IN THE
   41  MORNING UNTIL EIGHT O'CLOCK IN THE EVENING EACH WEEK DAY AND  FROM  NINE
   42  O'CLOCK  IN  THE MORNING UNTIL FIVE O'CLOCK IN THE AFTERNOON ON SATURDAY
   43  AND SUNDAY. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  PROHIBIT  ANY
   44  BOARD  OF ELECTIONS FROM EXTENDING HOURS FOR EARLY VOTING PAST THE TIMES
   45  SPECIFIED HEREIN.
   46    5. THE BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION  PLAN  THAT  IS
   47  EASILY ACCESSIBLE AND UNDERSTOOD BY ALL VOTERS. SUCH COMMUNICATIONS PLAN
   48  SHALL  UTILIZE ANY AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA. INFOR-
   49  MATION TO BE PROVIDED SHALL INCLUDE THE LOCATION  OF  ALL  EARLY  VOTING
   50  SITES  AND  A  NOTATION  WHETHER  SUCH  SITES ARE ACCESSIBLE TO DISABLED
   51  VOTERS, DATES AND HOURS OF OPERATION, A CLEAR AND UNAMBIGUOUS MESSAGE TO
   52  VOTERS NOTIFYING THEM THAT IF SUCH VOTERS CAST A BALLOT DURING THE EARLY
   53  VOTING PERIOD THEN THEY WILL NOT BE ALLOWED TO VOTE ON ELECTION DAY; AND
   54  IF EARLY VOTING POLLING PLACES ARE REGIONALIZED PURSUANT TO  SUBDIVISION
   55  THREE  OF  THIS  SECTION, THE LOCATION OF THE EARLY VOTING POLLING PLACE
       S. 3813                             4
    1  SERVING THE VOTERS OF ANY  PARTICULAR  CITY,  TOWN  OR  OTHER  POLITICAL
    2  SUBDIVISION.
    3    6.  THE  FORM  OF PAPER BALLOTS, IF USED IN EARLY VOTING, SHALL COMPLY
    4  WITH THE PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE APPLICABLE
    5  TO VOTING BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE  CAST
    6  IN  THE  SAME  MANNER  AS PROVIDED FOR IN SECTION 8-312 OF THIS ARTICLE,
    7  PROVIDED HOWEVER THAT BALLOTS CAST DURING THE EARLY VOTING PERIOD  SHALL
    8  NOT BE CANVASSED UNTIL NINE O'CLOCK IN THE EVENING ON ELECTION DAY.
    9    7.  VOTERS  CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE SUBJECT TO
   10  CHALLENGE AS PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF  THIS  ARTI-
   11  CLE.
   12    8.    NOTWITHSTANDING  ANY  OTHER  PROVISIONS OF THIS CHAPTER, AT NINE
   13  O'CLOCK IN THE EVENING ON ELECTION  DAY,  THE  REMOVABLE  ELECTRONIC  OR
   14  COMPUTERIZED DEVICES IN USE BY ALL VOTING SCANNERS USED DURING THE EARLY
   15  VOTING  PERIOD  SHALL  BE  PROCESSED,  IN A MANNER NOT INCONSISTENT WITH
   16  ARTICLE NINE OF THIS CHAPTER, BY BIPARTISAN TEAMS OF BOARD OF  ELECTIONS
   17  EMPLOYEES   OR  ELECTION  INSPECTORS  AS  DESIGNATED  BY  THE  BOARD  OF
   18  ELECTIONS.  THEREAFTER, TABULATED RESULTS TAPES SHALL BE PRODUCED AND  A
   19  CANVASS  SHEET  REFLECTING  THE  AGGREGATED VOTE RESULTS OF EARLY VOTING
   20  SHALL BE COMPLETED AND SIGNED BY SAID BIPARTISAN CANVASS TEAMS.
   21    9. NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER, AT THE END OF  EACH
   22  DAY  OF  EARLY VOTING, ANY EARLY VOTING BALLOTS THAT WERE NOT ABLE TO BE
   23  SCANNED AT ANY EARLY VOTING SITE SHALL BE SCANNED BY A  BIPARTISAN  TEAM
   24  OF  INSPECTORS  ASSIGNED  TO SUCH EARLY VOTE SITE. ANY SUCH BALLOTS THAT
   25  REMAIN UNSCANNED BECAUSE THE SCANNER WAS UNAVAILABLE, OR BECAUSE  OF  AN
   26  OVERVOTE  OR BLANK BALLOT WARNING ON THE BALLOT SCANNER SCREEN, SHALL BE
   27  RETURNED TO THE BOARD OF ELECTIONS UNCOUNTED. AT  NINE  O'CLOCK  IN  THE
   28  EVENING  ON  ELECTION  DAY  AT  THE  BOARD  OF ELECTIONS, SUCH UNSCANNED
   29  BALLOTS SHALL BE CANVASSED BY BIPARTISAN TEAMS  OF  BOARD  OF  ELECTIONS
   30  EMPLOYEES   OR  ELECTION  INSPECTORS  AS  DESIGNATED  BY  THE  BOARD  OF
   31  ELECTIONS. THE VOTES FROM SUCH BALLOTS SHALL BE RECORDED ON TALLY SHEETS
   32  AND BE SIGNED BY SAID BIPARTISAN CANVASS  TEAMS.  RESULTS  TABULATED  ON
   33  SAID  TALLY SHEETS SHALL BE ADDED TO THE TABULATED RESULTS TAPES TOTALS,
   34  AND THE SIGNED TALLY SHEETS SHALL  BE  AFFIXED  TO  CORRESPONDING  EARLY
   35  VOTING CANVASS SHEETS.
   36    10.  UPON  THE  COMPLETION  OF THE CANVASS OF ALL EARLY VOTING BALLOTS
   37  CAST, THE REMOVABLE ELECTRONIC OR COMPUTERIZED DEVICES USED IN ALL EARLY
   38  VOTING SCANNERS SHALL BE USED TO PRODUCE THE UNOFFICIAL TALLY OF RESULTS
   39  AS REQUIRED IN SECTION 9-126 OF THIS CHAPTER.
   40    S 8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY VOTING.
   41  ANY  RULE  OR  REGULATION  NECESSARY  FOR  THE  IMPLEMENTATION  OF   THE
   42  PROVISIONS  OF  THIS  TITLE  SHALL  BE PROMULGATED BY THE STATE BOARD OF
   43  ELECTIONS  PROVIDED  THAT  SUCH  RULES  AND  REGULATIONS  SHALL  INCLUDE
   44  PROVISIONS  TO  ENSURE  THAT  BALLOTS  CAST EARLY, BY ANY METHOD ALLOWED
   45  UNDER LAW, ARE COUNTED AND CANVASSED AS IF CAST ON ELECTION  DAY.    THE
   46  STATE  BOARD  OF  ELECTIONS  SHALL  PROMULGATE ANY OTHER RULES AND REGU-
   47  LATIONS NECESSARY TO ENSURE AN EFFICIENT AND FAIR EARLY  VOTING  PROCESS
   48  THAT RESPECTS THE PRIVACY OF THE VOTER. PROVIDED FURTHER THAT SUCH RULES
   49  AND  REGULATIONS  SHALL  REQUIRE THAT THE VOTING HISTORY RECORD FOR EACH
   50  VOTER BE CONTINUALLY UPDATED TO REFLECT EACH INSTANCE OF EARLY VOTING BY
   51  SUCH VOTER.
   52    S 7. This act shall take effect on the first of January next  succeed-
   53  ing the date on which it shall have become a law.