What's happening
This bill prohibits public school buildings with instructional space from being designated as early polling locations in New York.
Why it matters
Shifts Early Voting Locations Away from Public Schools. By preventing public school buildings with instructional space from being used as early polling places, the bill would require election officials to find alternative sites, potentially impacting accessibility and convenience for voters who are used to polling at local schools.
Prioritizes School Safety and Uninterrupted Instruction. This change could reduce security concerns and minimize disruptions to the school day that can arise when the public accesses school buildings for voting, which may be particularly relevant in the context of heightened concern over school safety.
Limits Local Election Boards’ Flexibility. Local boards or bodies responsible for designating polling places will have fewer options, which might make it more challenging to find suitable, accessible, and centrally located venues for early voting, especially in communities where public schools are often the most available public buildings.
Empowers School Districts. If a non-instructional school building is designated as an early polling site, the school district superintendent is given explicit authority to decline, giving school districts greater control over the use of their facilities.
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Who cares
Local election boards
The bill would bar them from designating public school buildings with instructional space as early voting sites.
School district superintendents
They would gain authority to decline an early voting designation for a public school building without instructional space.
Public school students and staff
Buildings with instructional space would be excluded from early voting use, though the bill would not bar their use for Election Day voting.
Early voters
They could not vote early in public school buildings with instructional space, and other school buildings could be unavailable if a superintendent declines the designation.
Headline styles
No Early Voting 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 Early Voting in Schools
In Assembly Committee · Election Law · Sponsor Albert A. Stirpe
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5795
2019-2020 Regular Sessions
IN SENATE
May 15, 2019
Introduced by Sen. MAY -- 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 exempting certain public school buildings from being designated as early polling locations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 8-600 of the election law is amended by adding a new paragraph (e) to read as follows:
(e) No public school building with instructional space shall be designated as an early polling location.
§ 2. Subdivision 3 of section 4-104 of the election law, as amended by chapter 694 of the laws of 1989, is amended 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 this subdivision, no board or body empowered to designate polling places shall designate a public school building with instructional space as an early polling location, and if such board or body designates a public school building that does not have instructional space as an early polling location, the superintendent of such school district may
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11442-01-9
S. 5795 2
decline such designation. 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 disabled 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.
§ 3. 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 exempting certain public school buildings from being designated as early polling locations
Purpose or general idea of bill
The purpose of this legislation is to clarify election laws to make certain no instructional buildings with children present are designated as early voting locations.
Summary of specific provisions
Section 1. Subdivision 2 of section 8-600 of the Election Law is amended to add a new paragraph (e) that states no school district building with instructional space shall be designated as an early polling location.
Section 2. Subdivision 3 of section 4-104 of the Election Law is amended to allow public school buildings, when designated as an early polling location, to decline that designation.
Justification
In many areas of the state, school district buildings are one of the few ADA accessible locations with ample parking. Which is why, when neces- sary, certain school buildings have been designated as polling locations on Election Day. There have been various efforts in some districts to remove students from buildings on these days for security purposes, including closing all schools to students during elections or designat- ing Election Day as a Superintendents day. That said, it would be unreasonable to require schools to make such accommodations for the extended period of time needed to serve as an early voting polling location.
Most county and municipal election commissioners recognize this would place an undue burden on the school districts. This new bill would simply clarifies the law to make certain no such designations are made.
Legislative history
New bill
Fiscal implications
None to the state.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.