What's happening
The bill prohibits locating polling places in any public or private elementary, secondary, or preschool school buildings in New York.
Why it matters
Increases school security by preventing large numbers of non-staff adults from entering school buildings on election days. , addressing concerns about student safety and potential disruptions to the school environment.
May create logistical challenges for local election officials. , who will need to find alternative accessible polling sites, potentially in communities with limited public spaces suitable for this purpose.
Could impact voter turnout and convenience, particularly in areas where schools have traditionally served as central, familiar, and ADA-accessible polling locations. , possibly requiring longer travel times or unfamiliar venues for some voters.
Reflects a shift in balancing public access for civic participation against the desire to minimize school interruptions and protect students. , signaling potential future debates about the use of other public spaces for elections.
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Who cares
Headline styles
No Polling in Schools
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
- 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.
No Schools as Polling Places
In Assembly Committee · Election Law · Sponsor Doug Smith
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
116
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- 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 establishing no school shall serve as a polling place
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 4-104 of the election law, as amended by chapter 694 of the laws of 1989, is amended and a new subdivision 7-a is added to read as follows:
3. A building exempt from taxation shall be used whenever possible as a polling place if it is situated in the same or a contiguous election district, and may contain as many distinctly separate polling places as public convenience may require. The expense, if any, incidental to its use, shall be paid like the expense of other places of registration and voting. [If a board or body empowered to designate polling places chooses a public school building for such purpose, the board or agency which controls such building must make available a room or rooms in such building which are suitable for registration and voting and which are as close as possible to a convenient entrance to such building and must make available any such room or rooms which the board or body designating such building determines are accessible to physically disabled voters as provided in subdivision one-a.] Notwithstanding the provisions of any general, special or local law, if a board or body empowered to designate polling places chooses a publicly owned or leased building[, other than a public school building,] for such purposes the board or body which controls such building must make available a room or rooms in such building which are suitable for registration and voting and which are as close as possible to a convenient entrance to such building, and must make available any such room or rooms which the board or body designating such building determines are accessible to physically disa-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03353-01-9
S. 116 2
bled voters unless, not later than thirty days after notice of its designation as a polling place, the board or body controlling such building, files a written request for a cancellation of such designation with the board or body empowered to designate polling places on such form as shall be provided by the board or body making such designation. The board or body empowered to so designate shall, within twenty days after such request is filed, determine whether the use of such building as a polling place would unreasonably interfere with the usual activities conducted in such building and upon such determination, may cancel such designation.
7-a. No polling place shall be located on the premises of any public or private elementary or secondary school or a school for preschool children, as that term is defined in paragraph i of subdivision one of section forty-four hundred ten of the education law.
§ 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 establishing no school shall serve as a polling place
Purpose
This legislation would expressly prevent any elementary or secondary school from being used as a poll site for any election.
Summary of provisions
Amends election law to state that no polling place shall be located on the premise of any public or private elementary or secondary school or a school for preschool children.
Justification
With today's threats of terrorism and mass violence, polling sites and schools make prime targets as they attract a large group of people in a location that can be a soft target. Every parent deserves to know that their child will not be put in harm's way at school. Schools lock their doors and make all visitors check in with staff. However, this changes on Election Day. When a school is used as a polling place, the school's doors are open to the public. Schools have no way of knowing who is walking through the door or what happens when they enter, so schools cannot guarantee students' safety. Blocking schools from being used as polling places is a commonsense reform that makes parents comfortable putting their kids on the bus.
Legislative history
New Bill.
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.