What's happening
This bill establishes procedures and requirements for early voting in New York, including polling sites, hours, and voter notification.
Why it matters
Reduces wait times and improves voter access. By mandating that no voter waits more than 30 minutes at early voting sites and requiring a minimum number of sites based on county population, the bill aims to make voting more accessible and efficient, especially in high-turnout areas.
Equitable and flexible site placement. Early voting sites must be distributed to ensure fair access across counties, with considerations for population density, transportation, and travel time. Counties can add more sites for convenience or reduce them for primaries/special elections if demand is expected to be lower.
Enhanced voter information and notification. Boards of elections must develop communication plans to inform voters about early voting opportunities, site locations, hours, and accessibility, using a variety of media. Voters must be specifically notified that voting early disqualifies them from voting on Election Day.
Strong security and transparency measures. Early voting ballots and equipment are to be securely stored and not canvassed until polls close on Election Day, preventing premature results. There are new procedures to address issues like voters being incorrectly marked as having already voted, ensuring eligible voters can still participate and have their ballots counted.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Registered voters
The bill would allow eligible voters to cast ballots from the tenth through the second day before covered elections, with weekend and evening voting hours.
County and New York City boards of elections
They would have to designate early voting sites, staff them to keep waits within thirty minutes, publicize voting options and secure ballots and scanners.
New York State Board of Elections
It would have to adopt early voting rules covering ballot counting, voter privacy and continual updates to voting histories.
Voters incorrectly marked as having already voted
The bill would expressly allow them to cast affidavit ballots and require notice of their right to do so or seek a court order permitting them to vote.
Headline styles
Expand Early Voting Access
Plain English, a few words. Used as the page title.
Sponsors
39 Co-sponsors
- Joseph P. Addabbo Jr.
- Jamaal Bailey
- Brian Benjamin
- Alessandra Biaggi
- Neil D. Breslin
- John E. Brooks
- David Carlucci
- Leroy Comrie
- Simcha Felder
- Jim Gaughran
- Michael Gianaris
- Andrew Gounardes
- Pete Harckham
- Brad Hoylman-Sigal
- Robert Jackson
- Todd Kaminsky
- Anna Kaplan
- Brian Kavanagh
- Timothy M. Kennedy
- Liz Krueger
- John Liu
- Monica Martinez
- Rachel May
- Shelley Mayer
- Jen Metzger
- Velmanette Montgomery
- Kevin S. Parker
- Roxanne J. Persaud
- Jessica Ramos
- Gustavo Rivera
- Julia Salazar
- James Sanders Jr.
- Diane J. Savino
- Luis R. Sepúlveda
- José M. Serrano
- James Skoufis
- Toby Ann Stavisky
- Andrea Stewart-Cousins
- Kevin Thomas
History
- Signed chap.6
- Delivered to governor
- Returned to senate
- Passed assembly
- Ruling of chair on point of order
- Ruling of chair on point of order
- Ordered to third reading rules cal.9
- Substituted for A780
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 48–13
- Ordered to third reading cal.8
Show 2 earlier actions
- Reported and committed to rules
- Referred to elections
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Early Voting Statewide
Assembly Floor Calendar · Sponsor Charles Lavine
Full text
7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 1102 A. 780
2019-2020 Regular Sessions
SENATE - ASSEMBLY
January 10, 2019
IN SENATE -- Introduced by Sens. MYRIE, ADDABBO, BAILEY, BENJAMIN, BIAG- GI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
IN ASSEMBLY -- Introduced by M. of A. LAVINE, HEASTIE, CUSICK, BLAKE, SIMON, PAULIN, DINOWITZ, L. ROSENTHAL, LIFTON, FAHY, LUPARDO, ABINAN- TI, ROZIC, GALEF, COOK, RAMOS, CYMBROWITZ, JAFFEE, CARROLL, TAYLOR, ORTIZ, WALKER, PEOPLES-STOKES, COLTON, DE LA ROSA, WRIGHT, BARRON, GOTTFRIED, OTIS, ENGLEBRIGHT, MOSLEY, GLICK, BURKE, CRUZ, EPSTEIN, FALL, FRONTUS, GRIFFIN, JACOBSON, McMAHON, RAYNOR, REYES, ROMEO, THIELE, WEINSTEIN -- Multi-Sponsored by -- M. of A. BUCHWALD, LENTOL -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to early voting
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3-400 of the election law is amended by adding a new subdivision 9 to read as follows:
9. Notwithstanding any inconsistent provisions of this article, election inspectors or poll clerks, if any, at polling places for early voting, shall consist of either board of elections employees who shall be appointed by the commissioners of such board or duly qualified individuals, appointed in the manner set forth in this section. Appointments to the offices of election inspector or poll clerk in each polling place for early voting shall be equally divided between the major political parties. The board of elections shall assign staff and provide resources
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04589-04-9
S. 1102 2 A. 780
to ensure a voter's wait time to vote at an early voting site shall not exceed thirty minutes.
§ 2. Section 4-117 of the election law is amended by adding a new subdivision 1-a to read as follows:
1-a. The notice required by subdivision one of this section shall include the dates, hours and locations of early voting for the general and primary election. The board of elections may alternatively satisfy the notice requirement of this subdivision by providing in the notice instructions to obtain the required early voting information by means of a website and phone number of the board of elections.
§ 3. Paragraph (b) of subdivision 1 and subdivision 2 of section 8-100 of the election law, paragraph (b) of subdivision 1 as added by chapter 373 of the laws of 1978 and subdivision 2 as amended by chapter 367 of the laws of 2017, are amended to read as follows:
(b) In the event a run-off primary election is required in the city of New York, it shall be held on the [second] fourth Tuesday next succeeding the date on which the initial primary election was held.
2. Polls shall be open for voting during the following hours: a primary election from twelve o'clock noon until nine o'clock in the evening, except in the city of New York and the counties of Nassau, Suffolk, Westchester, Rockland, Orange, Putnam, Dutchess and Erie, and in such city or county from six o'clock in the morning until nine o'clock in the evening; the general election from six o'clock in the morning until nine o'clock in the evening; a special election called by the governor pursuant to the public officers law, and, except as otherwise provided by law, every other election, from six o'clock in the morning until nine o'clock in the evening. Early voting times shall be as provided in section 8-600 of this article.
§ 4. Subdivision 1 of section 8-102 of the election law is amended by adding a new paragraph (k) to read as follows:
(k) Voting at each polling place for early voting shall be conducted in a manner consistent with the provisions of this article, with the exception of the tabulation and proclamation of election results which shall be completed according to subdivisions eight and nine of section 8-600 of this article.
§ 5. Section 8-104 of the election law is amended by adding a new subdivision 7 to read as follows:
7. This section shall apply on all early voting days as provided for in section 8-600 of this article.
§ 6. Subparagraph (ii) of paragraph (e) of subdivision 3 and subdivision 3-a of section 8-302 of the election law, subparagraph (ii) of paragraph (e) of subdivision 3 as amended by chapter 164 of the laws of 2010 and subdivision 3-a as amended by chapter 511 of the laws of 1985, are amended to read as follows:
(ii) He or she may swear to and subscribe an affidavit stating that he or she has duly registered to vote, the address in such election district from which he or she registered, that he or she remains a duly qualified voter in such election district, that his or her registration poll record appears to be lost or misplaced or that his or her name and/or his or her signature was omitted from the computer generated registration list or such record indicates the voter already voted when he or she did not do so or that he or she has moved within the county or city since he or she last registered, the address from which he or she was previously registered and the address at which he or she currently resides, and at a primary election, the party in which he or she is enrolled. The inspectors of election shall offer such an affidavit to
S. 1102 3 A. 780
each such voter whose residence address is in such election district. Each such affidavit shall be in a form prescribed by the state board of elections, shall be printed on an envelope of the size and quality used for an absentee ballot envelope, and shall contain an acknowledgment that the affiant understands that any false statement made therein is perjury punishable according to law. Such form prescribed by the state board of elections shall request information required to register such voter should the county board determine that such voter is not registered and shall constitute an application to register to vote. The voter's name and the entries required shall then be entered without delay and without further inquiry in the fourth section of the challenge report or in the place provided at the end of the computer generated registration list, with the notation that the voter has executed the affidavit hereinabove prescribed, or, if such person's name appears on the computer generated registration list, the board of elections may provide a place to make such entry next to his or her name on such list. The voter shall then, without further inquiry, be permitted to vote an affidavit ballot provided for by this chapter. Such ballot shall thereupon be placed in the envelope containing his or her affidavit, and the envelope sealed and returned to the board of elections in the manner provided by this chapter for protested official ballots, including a statement of the number of such ballots.
3-a. The inspectors shall also give to every person whose address is in such election district for whom no registration poll record can be found and, in a primary election, to every voter whose registration poll record does not show him to be enrolled in the party in which he wishes to be enrolled or who claims to be incorrectly identified as having already voted, a copy of a notice, in a form prescribed by the state board of elections, advising such person of his right to, and of the procedures by which he may, cast an affidavit ballot or seek a court order permitting him to vote, and shall also give every such person who does not cast an affidavit ballot, an application for registration by mail.
§ 7. Paragraph (b) of subdivision 2 of section 8-508 of the election law, as amended by chapter 200 of the laws of 1996, is amended to read as follows:
(b) The second section of such report shall be reserved for the board of inspectors to enter the name, address and registration serial number of each person who is challenged [on the day of election] at the time of voting together with the reason for the challenge. If no voters are challenged, the board of inspectors shall enter the words "No Challenges" across the space reserved for such names. In lieu of preparing section two of the challenge report, the board of elections may provide, next to the name of each voter on the computer generated registration list, a place for the inspectors of election to record the information required to be entered in such section two, or provide at the end of such computer generated registration list, a place for the inspectors of election to enter such information.
§ 8. Article 8 of the election law is amended by adding a new title 6 to read as follows:
TITLE VI
EARLY VOTING Section 8-600. Early voting.
8-602. State board of elections; powers and duties for early
voting.
S. 1102 4 A. 780
§ 8-600. Early voting. 1. Beginning the tenth day prior to any general, primary, run-off primary pursuant to subdivision one of section 6-162 of this chapter or special election for any public or party position except for such an election held pursuant to title two of article six or article fifteen of this chapter, and ending on and including the second day prior to such general, primary, run-off primary or special election for such public office or party position, persons duly registered and eligible to vote at such election shall be permitted to vote as provided in this title. The board of elections shall establish procedures, subject to approval of the state board of elections, to ensure that persons who vote during the early voting period shall not be permitted to vote subsequently in the same election.
2. (a) The board of elections shall designate polling places for early voting, which may include the offices of the board of elections, for persons to vote early pursuant to this title. There shall be so designated at least one early voting polling place for every full increment of fifty thousand registered voters in each county; provided, however, the number of early voting polling places in a county shall not be required to be greater than seven, and a county with fewer than fifty thousand voters shall have at least one early voting polling place.
(b) The board of elections of each county or the city of New York may establish additional polling places for early voting in excess of the minimum number required by this subdivision for the convenience of eligible voters.
(c) Notwithstanding the minimum number of early voting poll sites otherwise required by this subdivision, for any primary or special election, upon majority vote of the board of elections, the number of early voting sites may be reduced when the board of elections determines a lesser number of sites is sufficient to meet the needs of early voters.
(d) Polling places for early voting shall be located so that voters in the county have adequate and equitable access, taking into consideration population density, travel time to the polling place, proximity to other early voting poll sites , public transportation routes, commuter traffic patterns and such other factors the board of elections deems appropriate. The provisions of section 4-104 of this chapter, except subdivisions four and five of such section, shall apply to the designation of polling places for early voting except to the extent such provisions are inconsistent with this section.
3. Any voter may vote at any polling place for early voting established pursuant to subdivision two of this section in the county where such voter is registered to vote; provided, however, if it is impractical to provide each polling place for early voting all of the election district ballots or if early voting at any such polling place makes ensuring that no voter has not previously voted early during such election, the board of elections may assign election districts to a particular early voting poll site. All voters in each county shall have one or more polling places at which they are eligible to vote throughout the early voting period on a substantially equal basis. If the board of elections does not agree by majority vote to plan to assign election districts to early voting poll sites, all voters in the county must be able to vote at any poll site for early voting in the county.
4. (a) Polls shall be open for early voting for at least eight hours between seven o'clock in the morning and eight o'clock in the evening each week day during the early voting period.
S. 1102 5 A. 780
(b) At least one polling place for early voting shall remain open until eight o'clock in the evening on at least two week days in each calendar week during the early voting period. If polling places for early voting are limited to voters from certain areas pursuant to subdivision three of this section, polling places that remain open until eight o'clock shall be designated such that any person entitled to vote early may vote until eight o'clock in the evening on at least two week days during the early voting period.
(c) Polls shall be open for early voting for at least five hours between nine o'clock in the morning and six o'clock in the evening on each Saturday, Sunday and legal holiday during the early voting period.
(d) Nothing in this section shall be construed to prohibit any board of elections from establishing a greater number of hours for voting during the early voting period beyond the number of hours required in this subdivision.
(e) Early voting polling places and their hours of operation for early voting at a general election shall be designated by May first of each year pursuant to subdivision one of section 4-104 of this chapter. Notwithstanding the provisions of subdivision one of section 4-104 of this chapter early voting polling places and their hours of operation for early voting for: (i) a primary or special election shall be made not later than forty-five days before such primary or special election; and (ii) a run-off primary pursuant to subdivision one of section 6-162 of this chapter shall be made as soon as practicable.
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 early voting
Summary of provisions
Section one of the bill amends Section 3-400 of the election law by adding a new subdivision 9 to clarify the manner in which election inspectors and poll clerks are to be appointed for polling places for early voting, and setting a standard for wait times for early voting not to exceed thirty minutes.
Section two of the bill amends section 4-117 of the election law by adding a new subdivision 1-a to require the board of elections to notify voters annually of the days, hours, and locations of polling places for early voting. The board of elections may satisfy this requirement by providing instructions in the notice regarding how to get the informa- tion via the internet or by phone.
Read the full memo (2,001 words)
Section three of the bill amends subdivisions 1 and 2 of section 8-100 of the election law to change the NYC run-off to four weeks following the prithary instead of 2. weeks, and states that early voting hours shall be as set forth in section 8-600.
Section four of the bill amends subdivision 1 of section 8-102 of the election law by adding a new paragraph (k) to apply the provisions of article 8 of the election law to early voting, except for certain provisions related to tabulation and proclamation of results.
Section five of the bill amends section 8-104 of the election law by adding a new subdivision 7 to note that section 8-104 applies on early voting days.
Section six of this bill amends subdivisions 3 and 3a of section 8-302 of the election law to allow voters to cast an affidavit ballot if the poll records mistakenly indicate they had previously cast a ballot.
Section seven of the bill amends paragraph (b) of subdivision 2 of section 8-508 of the election law to provide that challenges of voters on early voting days should be included on the same type of report that records challenges on election day.
Section eight of the bill amends article 8 of the election law by adding a new title 6, with new sections 8-600 and 8-602, setting out the proc- ess for early-voting.
Subdivision, one of section 8-600 of the new title specifies that early voting begins on the tenth day prior to any general, primary, run-off primary or special election and ends on and includes the second day prior (i.e., on the Sunday before a Tuesday election day). The subdivi- sion also requires boards of elections to establish procedures to ensure that persons who vote during the early voting period aren't permitted to vote subsequently in the same election.
Subdivision two of section 8-600 of the new title specifies in para- graphs (a), (b), and (c) the number of required polling places for early voting. "The required number depends on the number of registered voters in each county, with one polling place for each full increment of 50,000 registered voters, but no fewer than one and no more than seven sites required in each county. Counties would be able to add more sites at their discretion or, in certain circumstances, reduce the number below that otherwise required. Paragraph (d) of the subdivision requires locations to be chosen to give all eligible voters adequate, equitable access to early voting, to the extent practicable, and specifies certain factors to be considered in location decisions. Paragraph (d) also applies the provisions of section 4-104 of the election law to the designation of polling places for early voting; the-se, are the existing requirements for siting polling places for election day voting.
Subdivision three of section 8-600 of the new title requires that all voters should generally be able to vote at any polling place for early voting in their county, but allows for an exception if this would be impractical.
Subdivision four of section 8-600 of the new title sets requirements for hours early voting must be available in each county, with substantial flexibility for the counties. Polls would be open for early voting for at least 8.hours between 7:00 a.m. and 8:00 p.m. on weekdays, provided that one site at which all eligible voters may vote shall remain open' until at least 8:00 p.m. on two weekdays in each calendar week of the early voting period, and for at least 5 hours between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays, and legal holidays. Counties would have the option of providing additional hours as well. They would be required to designate the standard hours of operation for early voting by May 1st each year; this is the day boards of elections must designate polling places for the coming year under existing law.
Subdivision five of section 8-600 of the new title requires each board of elections to create a communication plan to inform eligible voters of the opportunity to vote early.
Subdivision six of section 8-600 of the new title applies existing requirements for paper ballots to those to be used for early voting.
Subdivision seven of section 8-600 of the new title applies existing requirements related to voter challenges to early voting.
Subdivisions eight, nine, ten, and eleven of section 8-600 of the new title set out provisions for handling ballots and scanners at the end of each day of early voting and after the polls close on election day. Generally, the new subdivisions apply the same process for canvassing, tabulating, and announcing results that already apply on election day, with some minor adjustments to reflect that fact that early voting occurs over multiple days. No results for early voting would be tabu- lated before the polls close on election day.
Section 8-602 of the new title sets forth certain powers and duties of the state board of elections to make rules regarding early voting.
Section nine of this bill amends section 9-209 of the election law to update the procedures' for canvassing of affidavit ballots of voters who claim to have been incorrectly identified as having previously voted.
Section ten of the bill sets forth the effective date.
Justification
Given the vital role that voting plays in a participatory democracy, New York should ensure that our elections are run in ways that meet contem- porary standards for accessibility, equity, and efficiency. Providing eligible voters the opportunity to vote in person during a designated period before election day would be a major step towards achieving this goal.
Early voting would make it less burdensome for New Yorkers to access the polls and exercise their civic obligation to vote. Early voting would reduce inequity, because some voters have greater difficulty than others arranging to vote on a single designated day. And early voting would improve the efficiency of elections from the perspective of election administrators, as well as voters, by spreading the work of managing elections over a longer period of time, alleviating some of the problems that are created by the current system of having all in-person voting take place in a single day, such as long lines at the polls and exhausted poll workers.
Establishing an 9-day early voting period running until the Sunday before election day would give busy New Yorkers, who often must juggle many personal, family, and work obligations, more flexibility in finding a time to vote. Those who are unable to vote on election day should not be excluded from participating in the democratic process merely because they are unavailable on a single day.
Of particular importance in establishing an early voting period is the addition of weekend hours for in-person voting. Due to their own work schedules or those of partners with whom they share responsibilities as caregivers, many people have time to vote on the weekend that they do not have on weekdays.
In order to ensure that early voting is instituted in a practical, effi- cient, and cost effective manner, this bill takes into account the wide variation in characteristics of different counties throughout the state, by providing county boards of elections with flexibility to establish locations and hours for early voting that are tailored to the unique circumstances of their respective counties. This flexibility is balanced by minimum standards that would ensure that all voters have a meaningful opportunity to vote early.
The most significant way the bill allows for variations among counties relates to the number of polling places each county would be required to provide for early voting. New York's least populous county has fewer than 5,000 residents whereas its most populous has more than 2.5 million. To account for this wide variation, the minimum number of poll- ing places for early voting required in each county would be based on a tiered system, with. one site per 50,000 registered voters, up to a maximum of 7 required sites. The mandated number for each county would represent a minimum requirement; county boards of elections would be permitted to establish additional polling places at their discretion.
The bill also contains several additional guidelines for the establish- ment of polling places for early voting to enhance the effectiveness of early voting and ensure that localities have the discretion to implement it efficiently.
First, to the extent practicable, county boards of elections would be required to designate polling places in locations that maximize accessi- bility for eligible voters. The bill incorporates various guidelines that already apply to siting of election day polling places.
Second, while the general rule established in the bill is that every eligible voter would be permitted to vote at any polling place in the county where he or she is registered, the bill recognizes that this may not always be practical because of the number of distinct ballot types that might be required at each polling place, and other factors. There- fore, the board of elections in each county would have the discretion to choose to make certain polling places serve only a portion of the coun- ty, provided that every voter has at least one polling place to vote early.
Another way the bill allows for variations among counties relates to the hours for early voting. The bill establishes guidelines for the minimum number of hours that polling places for early voting would be required to be open, ensuring that all voters would have meaningful opportunities to avail, themselves of the option to vote early. On the other hand, county boards of elections would have the discretion to set the specific hours for each polling place, to reflect the distinct needs and prefer- ences of New Yorkers in different parts of the state. These provisions would require that all early voting sites are open for at least eight hours on weekdays, including two days a week with evening hours, and for at least five hours on weekends and holidays. The requirement of evening hours two days a week overlaps somewhat with the existing requirement in election law section 3214 requiring that board of elections offices maintain extended hours on two weekdays in the two weeks prior to any general election.
Thirty-seven states and the District of Columbia have already instituted in-person early voting in one form or another. For all the foregoing reason, New York should do the same, and support the right of all New Yorkers to meet their civic obligations and participate in our democracy in a reasonable, accessible manner.
Fiscal impact on the state
To be determined.
Fiscal impact on localities
There will be some costs associated with early voting related to staff- ing polling places, providing outreach materials to educate the public about the mew procedures, and other aspects of administering the system.
Legislative history
2018:A09608-B(Lavine)-Passed Assembly
2017:A02064(Kavanagh)-Passed Assembly
2016:A085823(Kavanagh)- Passed Assembly
2015:A08582(Kavanagh)-Elections
Effective date
This act shall take effect immediately; provided, however that early voting pursuant to the provisions of this act shall first apply to the general election held in November 2019, and to any general, primary, run-off primary or special election held thereafter as 3rovided for in the election law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.