STATE OF NEW YORK
________________________________________________________________________
7960
2023-2024 Regular Sessions
IN ASSEMBLY
August 18, 2023
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
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.
LBD04598-01-3
A. 7960 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. 7960 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.
