Relates to early voting in the state of New York

Summary of specific provisions

Section 1 of the bill amends § 3-400(9) of the election law to provide that election inspectors and poll clerks, if necessary, at early voting locations shall be local board of elections employees or duly appointed individuals as chosen by the commissioners of such board of elections on an equal and bipartisan basis under law.

Section 2 of the bill amends § 4-117 of the election law to ensure that early voting information, including days, hours and locations are mailed to registered voters as part of the "mail check" process.

Section 3 of the bill amends § 8-104 of the election law to add a new Paragraph (k) which provides that voting at all early voting sites shall be conducted in the same manner as on election day with the exception of the tabulation and proclamation of votes which shall be completed according to subdivisions eight, nine and ten of section 8-600.

Section 4 of the bill amends § 8-104 by adding a new subdivision 7 to require that the same polling place protocols that are observed on election day be extended to all early voting days.

Section 5 of the bill amends § 8-508(2)(b) of the election law to provide that a space for challenged early voters be included on the "challenge report".

Section 6 of the bill adds a new title VI (§ 8-600 & 8-602) to the election law entitled "Early Voting" and sets forth the parameters of such early voting.

§ 8-600 states:

*Early voting shall be conducted from the third Thursday before a general election until the Thursday before the general election.

*Early voting shall be conducted from the second Thursday before a primary or special election until the Thursday before the primary or special election.

*Local boards of elections shall designate at least four polling places in each county for early voting (5 including the board of elections itself) and that such polling places shall be geographically located so as to provide all voters in each county an equal opportunity to cast a ballot.

*Early voting hours shall be from 8:00 AM until 7:00 PM each day, And from 9:00 AM to 5:00 PM on Saturday and Sunday.

*The board of elections shall create a communication plan to notify voters of the dates, hours and polling places available for early voting.

*The paper ballots cast during early voting shall be the same as those cast on election day. However, ballots cast during the early voting period shall not be canvassed until election night, and then, in the same manner as emergency ballots cast on election day.

*Voters casting ballots early shall be subject to challenge in the same manner as those voters casting ballots on election day.

*Ballots cast during the early voting period shall not be canvassed until the polls close on election day.

*The State Board of Elections is empowered to create rules and regulations necessary to ensure the proper administration of the early voting scheme as set forth in this bill.

Section 7 of the bill is the effective date.

Justification

According to the Bipartisan Policy Center, New York State's voter turnout rate for the 2012 general election was approximately 46.3. This is a 12% difference from the turnout in the 2008 general election. Though this year's turnout statistics may have been dampened due to the effects of Superstorm Sandy, the fact remains that New York has one of the lowest (third behind Hawaii and West Virginia) voter turnout rates in the United States.

Enhancing access to voting is perhaps the most effective way to raise the voter turnout rate in New York State. Early voting does just that.

There are many obstacles to in-person voting on Election Day in New York: polling place hours often conflict with work schedules, some voters have transportation issues, long lines and waits at polling places, etc. Early voting, alleviates several of these issues through its various provisions. Under this bill early voting will take place from 8:00 AM until 7:00 PM on every early voting day and 9:00 AM to 5:00 PM on Saturday and Sunday in least four polling places in each county (5 including the board of elections itself). In addition, it is hoped that this convenient alternative to in-person voting on election day will ease the burden on election day polling sites by spreading out voting and thus shortening lines and wait times on election day.

It is time that New York State joins the 32 other states and the District Columbia and institute early voting. All New Yorkers, regardless of work schedule or personal and professional commitments should have the ability to vote in each and every election. Early voting will make voting easier, more convenient, and most importantly, more accessible in our State.

Prior legislative history

None

Fiscal implication

There will be additional costs associated with staffing early voting locations as well as with printing and counting paper ballots associated with early voting, in addition to other unstated costs.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.