STATE OF NEW YORK ________________________________________________________________________ 3354 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. JENSEN -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to restricting electio- neering activities near polling places The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 8-104 of the election law, as 2 amended by chapter 232 of the laws of 2020, is amended to read as 3 follows: 4 1. The American flag shall be kept displayed at each polling place 5 throughout the election. Facsimile ballots, voter information posting 6 and distance markers shall not be taken down, torn or defaced during the 7 election. [While the polls are open no person shall do any electioneer- 8 ing within the polling place, or in any public street, within a one 9 hundred foot radial measured from the entrances designated by the 10 inspectors of election, to such polling place or within such distance in 11 any place in a public manner; and no political banner, button, poster or 12 placard shall be allowed in or upon the polling place or within such one 13 hundred foot radial.] While the polls are open no person shall consume 14 any alcoholic beverages within the polling place. While the polls are 15 open no person shall make any change, alteration or modification to any 16 entrance to or exit from the polling place unless such change, alter- 17 ation or modification allows for increased access for persons with disa- 18 bilities or is necessary to maintain public safety due to the occurrence 19 of an emergency. Any such change, alteration or modification shall be 20 clearly marked on signage placed adjacent to the former entrance or 21 exit. 22 § 2. Subdivision 2 of section 8-104 of the election law is renumbered 23 subdivision 2-a and a new subdivision 2 is added to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06260-01-3
A. 3354 2 1 2. (a) While the polls are open, no political banner, sign, button, 2 poster or placard shall be allowed and no person shall do any electio- 3 neering within the polling place or within either: 4 (i) one six hundred foot radial measured from the entrances designated 5 by the inspectors of election, including public streets, to such polling 6 place; or 7 (ii) the entire property in which the polling place is located. 8 (b) If a polling location is in a building with multiple stories, the 9 electioneering distance restriction shall not apply to floors above or 10 below the polling site which are not visible to voters who are in the 11 process of entering or exiting the actual polling location but shall 12 apply to stairwells which voters need to access such polling location. 13 (c) Selection as to which measurement will be used to restrict electi- 14 oneering at or near a polling place shall be made by the board of 15 elections no later than twenty-four hours prior to the first day of 16 voting at the polling location. The board of elections shall announce 17 the determination of electioneering ban on each polling location 18 throughout the county on their website no later than twenty-four hours 19 prior to the first day of voting at the polling location. 20 § 3. This act shall take effect immediately.