STATE OF NEW YORK ________________________________________________________________________ 7856 IN SENATE January 3, 2024 ___________ Introduced by Sens. GOUNARDES, SKOUFIS -- read twice and ordered print- ed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to providing a remedy for election disruptions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The election law is amended by adding a new section 3-109 2 to read as follows: 3 § 3-109. Disruption; additional time for voting; publicity of remedy. 4 1. (a) Except as provided in subdivision two of this section, in the 5 event that early voting or election day voting at one or more polling 6 places, or for one or more election districts, is delayed or disrupted 7 prior to the close of polls on any day of election for a duration 8 exceeding fifteen consecutive minutes, the board of elections shall 9 toll, adjust, and extend the scheduled timeframe for voting on that day 10 of election to account for and compensate the lost time for voting at 11 all such impacted polling places or election districts. 12 (b) Pursuant to paragraph (a) of this subdivision, in the event that 13 early voting or election day voting at one or more polling places, or 14 for one or more election districts, is delayed or disrupted, such sched- 15 uled timeframe for voting shall be tolled, beginning from the actual 16 time of commencement of the delay or disruption to voting, or, if such 17 actual time cannot be reasonably determined by the board of elections, 18 beginning at the latest from the time a report of such delay or 19 disruption is first electronically transmitted or telephonically commu- 20 nicated to the board of elections. Such tolling shall continue until 21 such time as the delay or disruption to voting has ended and the 22 impacted election districts and polling places have reopened for voting, 23 or the time for the scheduled close of polls on that day of election, 24 whichever occurs first. The scheduled timeframe for voting shall then be 25 adjusted, proportionately, for each such polling place or election 26 district, and extended on that day of election, or, if extending the 27 timeframe for voting at such election districts or polling places on 28 that day of election, or in that location, would be administratively EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13794-02-3
S. 7856 2 1 impracticable, such additional time for voting shall be scheduled on the 2 next day for voting or a successive day for voting scheduled for the 3 same election, but not later than election day, in the same polling 4 place or, if such polling place is unavailable, at alternative locations 5 that may be designated as polling places pursuant to the provisions of 6 section 4-104 of this chapter and is, to the extent practicable, in 7 close proximity to the delayed or disrupted polling places or election 8 districts, to account for and compensate the lost time at all such 9 impacted polling places or election districts. 10 (c) In any election district or polling place in which a voting 11 machine or voting system was used prior to a delay or disruption, such 12 machine or system shall be used for the additional time for voting 13 unless found to be inoperable, in which case the provisions of section 14 7-120 of this chapter shall apply. Except as directed by the board of 15 elections, the original seal on such machines shall not be removed nor 16 shall the machines be unlocked until the reopening of the polls and the 17 board of elections shall provide additional seals as necessary to be 18 used as soon as the polls are closed on such day. The state board of 19 elections shall promulgate rules and/or regulations to ensure the fair, 20 transparent, and uniform administration of this section. 21 2. (a) By majority vote of the commissioners, the board of elections 22 may determine that the remedy of additional time for voting to account 23 and compensate for the lost time for voting as prescribed by subdivision 24 one of this section would constitute inappropriate or unnecessary relief 25 in light of the particular circumstances of delay or disruption 26 presented at a specific polling place or election district. Such vote 27 shall be taken during a public meeting held for such purpose, shall 28 specify the cause or nature of the delay or disruption, and shall memo- 29 rialize in writing the results of any such vote and the particular 30 considerations relied upon by the board of elections in reaching a 31 determination that a proportionate extension of time to account and 32 compensate for the lost time at such impacted polling places or election 33 districts would constitute inappropriate or unnecessary relief. 34 (b) In the event that the board of elections reaches such determi- 35 nation, such board shall electronically or telephonically inform the 36 bipartisan co-executive directors of the state board of elections and 37 the civil rights bureau of the office of the attorney general regard- 38 ing the circumstances that appear to have caused delay or disruption and 39 an accounting of the polling places or election districts impacted, 40 the respective durations of such delays or disruptions, the results of 41 such vote, the particular circumstances relied upon by the board of 42 elections in reaching a determination that a proportionate extension 43 of time to account and compensate for the lost time at such impacted 44 polling places or election districts would constitute inappropriate or 45 unnecessary relief, any alternative remedial action taken by the 46 board of elections or other individuals or entities, and a description 47 of all related publicity efforts already undertaken or to be undertaken. 48 3. (a) In the event that the scheduled timeframe for early voting or 49 election day voting at one or more polling places, or for one or more 50 election districts, is extended pursuant to subdivision one of this 51 section, the board of elections shall, with the assistance of the state 52 board of elections, and under the coordination of the state board of 53 elections if necessary, make use of all reasonable means and channels of 54 communications to publicize, forthwith, the remedial action taken with 55 respect to the polling places and/or election districts impacted, indi-
S. 7856 3 1 cating in plain language the duration and timeframe of such remedial 2 action, as follows: 3 (i) electronically or telephonically inform the bipartisan co-execu- 4 tive directors of the state board of elections and the civil rights 5 bureau of the office of the attorney general of the circumstances that 6 appear to have caused the delay or disruption at issue, an accounting of 7 the polling places or election districts impacted and the respective 8 durations of such delays or disruptions, the remedial action taken, and 9 a description of all related publicity efforts already undertaken or to 10 be undertaken; 11 (ii) electronically or telephonically inform any candidate or commit- 12 tee with candidates or questions appearing on a ballot to be voted upon 13 in any such polling place or election district impacted, or the desig- 14 nated agent of such candidate or committee of the remedial action taken, 15 and including a description of all related publicity efforts already 16 undertaken or to be undertaken; 17 (iii) electronically or telephonically inform local print and broad- 18 cast news media organizations and local non-partisan civic organizations 19 and community-based groups situated within the municipalities impacted 20 or serving segments of the voting public or communities impacted, 21 including media and civic organizations primarily serving prevalent 22 language-minority communities, and including a description of all 23 related publicity efforts already undertaken or to be undertaken; and 24 (iv) utilize free or paid traditional, website, and social media chan- 25 nels and networks, including official advisory or public notification 26 tools or websites made available by the impacted county or munici- 27 palities, and issue electronic mail or phone or text messages directly 28 to impacted voters who have not already voted and who have provided such 29 personal contact information to the board of elections, to inform the 30 voting public residing in the communities served by the impacted polling 31 places or election districts of the remedial action taken and the 32 remaining opportunities to vote. 33 (b) Pursuant to paragraph (a) of this subdivision, such publicity 34 shall direct attention to any change of the location of impacted polling 35 places or election districts, if applicable, and shall contain such 36 other information as the board of elections shall deem necessary and 37 proper. 38 4. Action by the board of elections to provide additional time for 39 voting pursuant to subdivision one of this section shall be dispositive 40 and conclusive of the issue of whether a delay or disruption has 41 occurred warranting such remedial action, and any ballots cast by eligi- 42 ble voters during the adjusted remedial timeframe for voting shall not 43 be segregated from other ballots cast by eligible voters or subject to 44 challenge or judicial review on the basis that such ballots were cast 45 out of time; provided, however, that this subdivision shall not preju- 46 dice the right of any registered voter eligible to vote at such a 47 delayed or disrupted polling place or election district, or any candi- 48 date or committee with candidates or questions appearing on a ballot to 49 be voted upon in any such polling place or election district, to seek 50 independent judicial relief for an order extending the timeframe for 51 voting pursuant to subdivision one of this section, or for review of an 52 adverse agency decision pursuant to subdivision two of this section, 53 pursuant to state or federal law. 54 § 2. Subdivision 2 of section 8-100 of the election law, as separately 55 amended by chapter 6 and section 1 of part BBB of chapter 55 of the laws 56 of 2019, is amended to read as follows:
S. 7856 4 1 2. Polls shall be open for voting during the following hours: a prima- 2 ry election from six o'clock in the morning until nine o'clock in the 3 evening; the general election from six o'clock in the morning until nine 4 o'clock in the evening; a special election called by the governor pursu- 5 ant to the public officers law, and, except as otherwise provided by 6 law, every other election, from six o'clock in the morning until nine 7 o'clock in the evening; early voting hours shall be as provided in title 8 six of this article. Early voting times shall be as provided in section 9 8-600 of this article. In the event of a delay or disruption to voting, 10 the board of elections is authorized to toll, adjust, and extend the 11 timeframe for voting pursuant to section 3-109 of this chapter. 12 § 3. Section 8-102 of the election law is amended by adding a new 13 subdivision 3 to read as follows: 14 3. In the event that early voting or election day voting for one or 15 more election districts or poll sites is delayed or disrupted prior to 16 the close of polls on any day of election for a duration exceeding 17 fifteen consecutive minutes, the polling place coordinator, election 18 district chairperson, or, if such persons are unavailable, any inspector 19 of election, shall immediately notify the board of elections. There 20 shall be a presumption of a violation of subdivision one of section 21 17-212 of this chapter when any person, by commission or omission, 22 intentionally frustrates the purposes of this section. 23 § 4. Paragraph (f) of subdivision 4 of section 8-600 of the election 24 law, as added by chapter 480 of the laws of 2023, is amended to read as 25 follows: 26 (f) If the location of an early voting polling place as designated 27 pursuant to paragraph (e) of this subdivision changes prior to such 28 early voting period, notice shall be provided to all affected eligible 29 voters no later than five days prior to such voting period in accordance 30 with the communication plan established pursuant to subdivision five of 31 this section or as soon as practicable if such location change occurs 32 within five days of the commencement of such early voting period; 33 provided, however, no such location change may occur within forty-eight 34 hours of such commencement unless there is any disaster within the mean- 35 ing of section 3-108 of this chapter or disruption within the meaning of 36 section 3-109 of this chapter or a declared state of emergency by the 37 governor or any court of competent jurisdiction in the county where the 38 polling place is located. 39 § 5. This act shall take effect October 1, 2024; provided, however, 40 that if this act shall have become a law on or after October 1, 2024 41 this act shall take effect immediately and shall be deemed to have been 42 in full force and effect on and after October 1, 2024. Effective imme- 43 diately, the addition, amendment and/or repeal of any rule or regulation 44 necessary for the implementation of this act on its effective date are 45 authorized to be made and completed on or before such effective date.