S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   151

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens. PARKER, ADAMS, HASSELL-THOMPSON, C. JOHNSON, SAMP-
  SON, SMITH, STACHOWSKI, THOMPSON, VALESKY -- 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  authorizing  early
  voting at primary and general elections

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 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 IN PRIMARY AND GENERAL ELECTIONS.
        8-602. APPLICATION FOR EARLY VOTING.
        8-604. STATE BOARD OF ELECTIONS; POWERS AND DUTIES OF.
  S  8-600.    EARLY  VOTING IN PRIMARY AND GENERAL ELECTIONS. 1. ON AND
AFTER THE FOURTEENTH DAY PRIOR TO THE DATE OF EVERY PRIMARY AND  GENERAL
ELECTION,  EACH  BOARD  OF ELECTIONS SHALL PROVIDE FOR THE CONDUCTING OF
EARLY VOTING. SUCH VOTING SHALL BE CONDUCTED AT THE OFFICE OF THE  BOARD
OF  ELECTIONS  AND AT SUCH ALTERNATIVE POLLING PLACES DESIGNATED BY SUCH
BOARD. EARLY VOTING SHALL BE MADE AVAILABLE  DURING  SUCH  FOURTEEN  DAY
PERIOD,  EXCLUDING  SATURDAYS, SUNDAYS AND PUBLIC HOLIDAYS. THE BOARD OF
ELECTIONS SHALL BE OPEN TO THE PUBLIC FOR EARLY VOTING FROM 8LABOR  A.M.
UNTIL  4LABOR  P.M. AND THE ALTERNATIVE POLLING PLACES SHALL BE OPEN FOR
EARLY VOTING DURING SUCH HOURS AND DAYS AS SHALL BE  DESIGNATED  BY  THE
BOARD OF ELECTIONS.
  2.  A REGISTERED VOTER MAY PARTICIPATE IN EARLY VOTING UPON COMPLETION
AND FILING OF AN APPLICATION THEREFOR WITH THE BOARD OF ELECTIONS  HOLD-
ING HIS OR HER VOTER REGISTRATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00011-02-9
              

S. 151                              2

  3.  THE CONDUCT OF EARLY VOTING SHALL BE MONITORED AND ADMINISTERED BY
TWO PERSONS DESIGNATED BY THE BOARD OF ELECTIONS, WITH ONE  SUCH  PERSON
FROM EACH OF THE MAJOR POLITICAL PARTIES. SUCH VOTING SHALL CONFORM WITH
THE PROCEDURES, MEASURES AND REQUIREMENTS FOR CASTING VOTES IN A PRIMARY
OR GENERAL ELECTION. ALL VOTES CAST DURING EARLY VOTING SHALL BE COUNTED
AFTER  THE POLLS CLOSE ON THE DATE OF THE PRIMARY OR GENERAL ELECTION TO
WHICH IT RELATES, IN THE SAME MANNER PRESCRIBED BY ARTICLE NINE OF  THIS
CHAPTER.
  4.  EACH BOARD OF ELECTIONS SHALL PUBLISH NOTICE OF THE TIME PERIOD OF
EARLY VOTING, THE TIMES  THEREOF,  THE  PLACES  WHERE  EARLY  VOTING  IS
CONDUCTED AND THE MANNER IN WHICH SUCH VOTING IS CONDUCTED. SUCH NOTICES
SHALL  BE  PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION NOT LESS THAN
SEVEN DAYS PRIOR TO THE FIRST DAY OF EARLY VOTING AND ONCE A WEEK THERE-
AFTER.
  S 8-602. APPLICATION FOR EARLY VOTING.   1.  THE  BOARD  OF  ELECTIONS
SHALL  FURNISH  ONE  APPLICATION  FOR  EARLY  VOTING  TO  ANY  VOTER WHO
PERSONALLY APPEARS AND WISHES TO EXERCISE THIS RIGHT. UPON COMPLETION OF
SUCH  APPLICATION,  TWO  DULY  DESIGNATED  EMPLOYEES  OF  THE  BOARD  OF
ELECTIONS,  ONE  FROM  EACH  MAJOR  POLITICAL  PARTY  REPRESENTED, SHALL
COMPARE THE INFORMATION OF THE VOTER WITH THE SIGNATURE ON  THE  VOTER'S
PERMANENT  REGISTRATION  RECORD,  OR OTHER EVIDENCE OF IDENTIFICATION IF
COMPUTERIZED DUPLICATE  REGISTRATION RECORDS ARE USED, AND SHALL ENDORSE
ON THE APPLICATION THAT SUCH REVIEW HAS BEEN COMPLETED. THE  RESULTS  OR
TABULATION OF VOTES CAST DURING AN EARLY VOTING PERIOD SHALL NOT BE MADE
BEFORE  THE  CLOSE  OF  ALL  POLLING PLACES ON THE DATE OF THE ELECTION.
BALLOTS USED IN EARLY VOTING SHALL BE, AS  NEARLY  AS  PRACTICABLE,  THE
SAME FORM AS THOSE USED ON THE DATE OF THE ELECTION.
  2.  THE  APPLICATION  FOR  EARLY  VOTING SHALL REQUIRE AND INCLUDE THE
FOLLOWING IDENTIFYING INFORMATION:
  (A) THE DATE OF THE PRIMARY OR GENERAL ELECTION,
  (B) NAME OF THE BOARD OF ELECTIONS,
  (C) THE NAME OF THE VOTER,
  (D) RESIDENCE OF VOTER,
  (E) NUMBER OF THE ASSEMBLY DISTRICT, IF ANY,
  (F) NAME OF CITY OR TOWN, NUMBER OF WARD, IF ANY, AND
  (G) ELECTION DISTRICT AND PARTY ENROLLMENT. THERE SHALL BE A PLACE FOR
TWO SIGNATURES OF PERSONS DESIGNATED TO INSPECT,  ONE  FROM  EACH  MAJOR
POLITICAL  PARTY,  THAT SUCH PERSONS HAVE CHECKED AND MARKED THE VOTER'S
REGISTRATION AND POLL RECORD. ON THE REVERSE SIDE  OF  SUCH  APPLICATION
SHALL BE PRINTED THE FOLLOWING STATEMENT:
  I  DO DECLARE THAT I AM A CITIZEN OF THE UNITED STATES, THAT I AM DULY
REGISTERED IN THE ELECTION DISTRICT SHOWN ON THE REVERSE  SIDE  OF  THIS
APPLICATION  AND  I AM QUALIFIED TO VOTE IN SUCH DISTRICT; THAT I DO NOT
INTEND TO VOTE ELSEWHERE, THAT I HAVE NOT COMMITTED ANY  ACT  NOR  AM  I
UNDER ANY IMPEDIMENT WHICH DENIES ME THE RIGHT TO VOTE. I HEREBY DECLARE
THAT  THE  FOREGOING IS A TRUE STATEMENT TO THE BEST OF MY KNOWLEDGE AND
BELIEF, AND I UNDERSTAND THAT IF I MAKE ANY MATERIAL FALSE STATEMENT  IN
THE FOREGOING STATEMENT, I SHALL BE GUILTY OF A MISDEMEANOR.
  (DATE)_________________
  _______________________
  (SIGNATURE AND ADDRESS OF VOTER)_______________________
  _______________________________________________________
  (WITNESS)______________________
  _______________________________

S. 151                              3

  S  8-604.  STATE BOARD OF ELECTIONS; POWERS AND DUTIES OF. ANY RULE OR
REGULATION NECESSARY FOR THE IMPLEMENTATION OF THE  PROVISIONS  OF  THIS
TITLE SHALL BE PROMULGATED BY THE STATE BOARD OF ELECTIONS.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.