A 3816: Authorizes additional days of voting as a result of emergencies; includes state of emergency.

  
  STATE OF NEW YORK ________________________________________________________________________ 3816 2025-2026 Regular Sessions  IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. SIMON -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to additional days of voting as a result of emergencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "emergency response restoration of the electoral process act". 3 § 2. Legislative Declaration. The legislature finds there is a need 4 for an orderly process known in advance to remedy disruptions to the 5 electoral calendar created by emergency circumstances. Because the elec- 6 toral machinery in a democracy is so important it must not be disturbed 7 or delayed lightly. Only the most exigent of circumstances can justify 8 resorting to the remedies provided by this act. 9 § 3. Section 3-108 of the election law, subdivision 4 as amended by 10 chapter 481 of the laws of 2023 and subdivision 5 as added by chapter 11 394 of the laws of 2008, is amended to read as follows: 12 § 3-108. Disaster; additional day for voting. 1. A county board of 13 elections, or the state board of elections with respect to an election 14 conducted in a district in the jurisdiction of more than one county 15 board of elections, may determine that, as the direct consequence of a 16 fire, earthquake, tornado, explosion, power failure, act of sabotage, 17 enemy attack or other disaster[, less than twenty-five per centum of the 18 registered voters of any city, town or village, or if the city of New 19 York, or any county therein, actually voted in any general election] or 20 state of emergency, the ability of voters to vote has become, or will 21 imminently become, impossible and such impossibility cannot be mitigated 22 during the scheduled course of voting. Such a determination by a county 23 board of elections shall be subject to approval by the state board of 24 elections. If the state board of elections makes such a determination, 25 it shall notify the [board] boards of elections having jurisdiction [in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05391-01-5 
 A. 3816 2 1 that county] over that election that an additional day of election shall 2 be held, which notice shall show: the nature of the disaster; the coun- 3 ty, city, town or village affected thereby; the number of persons duly 4 registered to vote therein at such [general] election; and the number of 5 persons who voted therein at such [general] election. 6 2. The county board of elections, or the state board of elections, as 7 applicable, shall thereafter set a date for an additional day for voting 8 in the county, city, town or village affected by the statement, which 9 shall not be more than twenty days after the original date of the 10 [general] election and shall determine the hours during which the polls 11 shall remain open on such additional day for voting; provided, however, 12 that in any event the polls shall remain open for not less than eleven 13 hours. [The] Each county board of elections having jurisdiction over 14 such election shall [publish notice thereof not less than twice in each 15 week preceding the date for the additional day for voting, in] notify 16 newspapers as designated in this chapter[, and] in the week preceding 17 the date of the additional day of voting. Such notice shall be provided 18 to all media outlets and county, town, city and village clerks and 19 municipal attorneys not less than one week preceding the date of the 20 additional day of voting and shall be posted on the board's website as 21 soon as possible. To the extent practicable, the board shall notify all 22 registered voters by mail. Such notice shall also direct attention to 23 any change of polling places and shall contain such other and additional 24 information as in the judgment of the board of elections shall be neces- 25 sary and proper. 26 3. Official ballots shall be provided at public expense at each poll- 27 ing place for such additional day of election. In any election district 28 in which voting machines were used upon the original day of voting, they 29 shall be used for the additional day for voting. The [original seal] 30 security seals on such machines shall not be removed nor shall the 31 machines be unlocked until the opening of the polls on the additional 32 day for voting and the board of elections shall provide [an] additional 33 [seal] security seals to be used as soon as the polls are closed on such 34 day. 35 4. Only those persons duly registered to vote upon the original date 36 of the [general] election who did not vote on such date shall be enti- 37 tled to vote on the additional day for voting. Voting on the additional 38 day provided for in this section shall be accomplished solely by phys- 39 ically appearing at the polling place and nothing contained in this 40 section shall be construed to extend the time set by law for casting or 41 canvassing a special, military, early mail, absentee, special federal or 42 special presidential ballot; provided, however, that nothing contained 43 herein shall be deemed to invalidate any special, military, early mail, 44 absentee, [military] special federal or special presidential ballot duly 45 received on the original date of the [general] election. 46 5. (a) A county board of elections, or the state board of elections 47 with respect to an election conducted in a political subdivision in the 48 jurisdiction of more than one county board of elections, may determine 49 that, as the direct consequence of a fire, earthquake, tornado, explo- 50 sion, power failure, act of sabotage, enemy attack or other disaster or 51 state of emergency, the ability to make a filing with respect to any 52 provision of this chapter was substantially impaired. Upon making such a 53 finding, a county board of elections, or the state board of elections 54 shall extend for a reasonable time the period for making such filing. An 55 extension granted pursuant to this subdivision [granted by a county 56 board of elections] shall not be [subject to the approval of the state 
 A. 3816 3 1 board of elections if such extension is] longer than [one] two business 2 [day] days. 3 (b) A county board of elections, or the state board of elections with 4 respect to an election conducted in a political subdivision in the 5 jurisdiction of more than one county board of elections, may determine 6 that, as the direct consequence of a fire, earthquake, tornado, explo- 7 sion, power failure, act of sabotage, enemy attack or other disaster or 8 state of emergency, the ability to convene a party caucus on the date 9 scheduled for such caucus and make the required filings for the purpose 10 of nominating one or more candidates was substantially impaired. Upon 11 making such a finding, a county board of elections, or the state board 12 of elections, shall postpone for a reasonable time the date of said 13 party caucus and required filings. An extension granted pursuant to this 14 subdivision shall not be longer than one week from the date of the 15 originally-scheduled party caucus. 16 (c) If an extension is granted pursuant to this subdivision by the 17 state board of elections, such board shall notify the respective county 18 boards of elections of such extension and post such notice on its 19 website. 20 (d) The county board of elections shall immediately notify media 21 outlets of the extensions provided pursuant to this section, post such 22 notice to its website and, to the extent practicable for the extension 23 of a party caucus, post such notice at the location of the originally- 24 scheduled caucus. The county board of elections shall also provide writ- 25 ten notice to all appropriate county, town, city and village clerks and 26 municipal attorneys. 27 § 4. This act shall take effect immediately.