Establishes no polling place shall be located on the premises of any public or private elementary or secondary school or a school for preschool children.
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 fears of terrorism our polling sites make prime targets. There were fears of attacks on poll sites during the recent Iraqi elections. While these did not take place in large part the fear was real and we in no ways should be putting our children in harms way.
LEGISLATIVE HISTORY: S.4947 of 2005; Referred to Senate Elections Committee S.111 of 2007-2008; Referred to Senate Elections Committee S.319 of 2009-2010; Referred to Senate Elections Committee
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE BATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 169 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. MAZIARZ -- 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 ASSEM- BLY, 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 subdi- vision 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 choos- es 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 designat- ing 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. LBD01371-01-1 S. 169 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 activ- ities 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. S 2. This act shall take effect immediately.