What's happening
This bill expands the conditions and procedures for holding an additional election day and for extending election-related deadlines following disasters or states of emergency.
Why it matters
Broadens the triggers for additional election days. The bill expands the circumstances under which an extra day of voting can be scheduled, now including any “state of emergency” or situation where voters’ ability to cast ballots is “substantially impaired,” not just specific disasters like fires or power failures. This flexibility can help ensure voter access during a wider range of disruptions.
Enhances transparency and notification requirements. Election boards must now notify media outlets, post updates online, and inform local officials and attorneys when extending election days or deadlines. These expanded notification rules are intended to keep voters and stakeholders better informed about changes to voting procedures and deadlines.
Extends and clarifies deadline flexibility. The bill allows for more generous extensions—up to two business days for election filings and up to one week for party caucus scheduling—when disaster or emergency impairs these activities. This can reduce the risk of candidates or parties missing critical deadlines due to unforeseen events.
Clarifies who can vote and how. Only voters who were registered and did not vote on the original day can participate on the additional election day, and voting must be done in person. This aims to maintain election integrity while still providing a remedy for those prevented from voting by emergencies.
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Who cares
Headline styles
Modernize Polling Supply Lists
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to elections
- Referred to elections
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5268
2017-2018 Regular Sessions
IN SENATE
March 17, 2017
Introduced by Sen. COMRIE -- 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 computer generated registration lists and the list of supplies to be delivered to the poll sites
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3-108 of the election law, subdivision 5 as added by chapter 394 of the laws of 2008, is amended to read as follows:
§ 3-108. Disaster; additional day for voting. 1. A county board of elections, or the state board of elections with respect to an election conducted in a district in the jurisdiction of more than one county board of elections, may determine that, as the direct consequence of a fire, earthquake, tornado, explosion, power failure, act of sabotage, enemy attack or other disaster [less than twenty-five per centum of the registered voters of any city, town or village, or if the city of New York, or any county therein, actually voted in any general election] or state of emergency, the ability of voters to vote has been substantially impaired. Such a determination by a county board of elections shall be subject to approval by the state board of elections. If the state board of elections makes such a determination, it shall notify the [board] boards of elections having jurisdiction [in that county] over that election that an additional day of election shall be held, which notice shall show: the nature of the disaster; the county, city, town or village affected thereby; the number of persons duly registered to vote therein at such [general] election; and the number of persons who voted therein at such [general] election.
2. The county board of elections or the state board of elections, as applicable shall thereafter set a date for an additional day for voting in the county, city, town or village affected by the statement, which shall not be more than twenty days after the original date of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00322-01-7
S. 5268 2
[general] election and shall determine the hours during which the polls shall remain open on such additional day for voting; provided, however, that in any event the polls shall remain open for not less than eleven hours. [The] Each county board of elections having jurisdiction over such election shall [publish notice thereof not less than twice in each week preceding the date for the additional day for voting, in] notify newspapers as designated in this chapter[, and] in the week preceding the date of the additional day of voting. Such notice shall be provided to all media outlets and county, town, city and village clerks and attorneys not less than one week preceding the date of the additional day of voting and shall be posted on the board's website as soon as possible. To the extent practicable, the board shall notify all registered voters by mail. Such notice shall also direct attention to any change of polling places and shall contain such other and additional information as in the judgment of the board of elections shall be necessary and proper.
3. Official ballots shall be provided at public expense at each polling place for such additional day of election. In any election district in which voting machines were used upon the original day of voting, they shall be used for the additional day for voting. The [original seal] security seals on such machines shall not be removed nor shall the machines be unlocked until the opening of the polls on the additional day for voting and the board of elections shall provide [an] additional [seal] security seals to be used as soon as the polls are closed on such day.
4. Only those persons duly registered to vote upon the original date of the [general] election who did not vote on such date shall be entitled to vote on the additional day for voting. Voting on the additional day provided for in this section shall be accomplished solely by physically appearing at the polling place and nothing contained in this section shall be construed to extend the time set by law for casting or canvassing a special, military, absentee, special federal or special presidential ballot; provided, however, that nothing contained herein shall be deemed to invalidate any special, military, absentee, [military] special federal or special presidential ballot duly received on the original date of the [general] election.
5. A county board of elections, or the state board of elections with respect to an election conducted in a political subdivision in the jurisdiction of more than one county board of elections, may determine that, as the direct consequence of a fire, earthquake, tornado, explosion, power failure, act of sabotage, enemy attack [or], other disaster[, the] or state of emergency:
(a) The ability to make a filing with respect to any provision of this chapter was substantially impaired. Upon making such a finding, a county board of elections, or the state board of elections shall extend for a reasonable time the period for making such filing. An extension granted pursuant to this subdivision [granted by a county board of elections] shall not be [subject to the approval of the state board of elections if such extension is] longer than [one] two business [day] days.
(b) The ability to convene a party caucus on the date scheduled for such caucus and make the required filings for the purpose of nominating one or more candidates was substantially impaired. Upon making such a finding, a county board of elections, or the state board of elections, shall extend for a reasonable time the date of said party caucus and required filings. An extension granted pursuant to this subdivision
S. 5268 3
shall not be longer than one week from the date of the originally-scheduled party caucus.
(c) If an extension was granted pursuant to this subdivision by the state board of elections, such board shall notify the respective county boards of elections of such extension and post such notice on its website.
(d) The county board of elections shall immediately notify media outlets of the extensions provided for in this subdivision, post such notice to its website and, to the extent practicable for the extension of a party caucus, post such notice at the location of the originallyscheduled caucus. The county board of elections shall also provide written notice to all appropriate county, town, city and village clerks and attorneys.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to computer generated registration lists and the list of supplies to be delivered to the poll sites
Purpose
To set out a procedures for when as a result of a state of emergency the ability of voters to vote has been substantially impaired.
Summary of provisions
Section 1 amends section 3-108 of the election law so that local board of elections may determine that as a result of a state of emergency the ability of voters to vote has been substantially impaired, thereby requiring an additional day of voting. In addition, it provides for the procedures for operating the additional day of voting and notice of additional day to the public. Finally, provisions for party caucus inability to convene because of a state of emergency are outlined.
Justification
This bill would help preserve the franchise for New York citizens are impacted by a state of emergency and as a result are not able to participate in an election. Over the past several years we have seen firsthand how voters in our state have been disenfranchised due to natural disasters that have occurred near an election. This is unacceptable and as a state we must ensure this important right is maintained in the face of such horrific unacceptable and as a state we ensure this important right natural or manmade acts.
Legislative history
2015-16: S.5417 Referred to Elections.
Fiscal implications
Minimal.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.