§ 3-108 — Disaster; additional day for voting

§ 3-108. Disaster; additional day for voting. 1. A county board of\nelections, or the state board of elections with respect to an election\nconducted in a district in the jurisdiction of more than one county\nboard of elections, may determine that, as the direct consequence of a\nfire, earthquake, tornado, explosion, power failure, act of sabotage,\nenemy attack or other disaster, less than twenty-five per centum of the\nregistered voters of any city, town or village, or if the city of New\nYork, or any county therein, actually voted in any general election.\nSuch a determination by a county board of elections shall be subject to\napproval by the state board of elections. If the state board of\nelections makes such a determination, it shall notify the board of\nelections having jurisdiction in that county that an additional day of\nelection shall be held, which notice shall show: the nature of the\ndisaster; the county, city, town or village affected thereby; the number\nof persons duly registered to vote therein at such general election; and\nthe number of persons who voted therein at such general election.\n 2. The county board of elections shall thereafter set a date for an\nadditional day for voting in the county, city, town or village affected\nby the statement, which shall not be more than twenty days after the\noriginal date of the general election and shall determine the hours\nduring which the polls shall remain open on such additional day for\nvoting; provided, however, that in any event the polls shall remain open\nfor not less than eleven hours. The county board of elections shall\npublish notice thereof not less than twice in each week preceding the\ndate for the additional day for voting, in newspapers as designated in\nthis chapter, and shall notify all registered voters by mail. Such\nnotice shall also direct attention to any change of polling places and\nshall contain such other and additional information as in the judgment\nof the board of elections shall be necessary and proper.\n 3. Official ballots shall be provided at public expense at each\npolling place for such additional day of election. In any election\ndistrict in which voting machines were used upon the original day of\nvoting, they shall be used for the additional day for voting. The\noriginal seal on such machines shall not be removed nor shall the\nmachines be unlocked until the opening of the polls on the additional\nday for voting and the board of elections shall provide an additional\nseal to be used as soon as the polls are closed on such day.\n 4. Only those persons duly registered to vote upon the original date\nof the general election who did not vote on such date shall be entitled\nto vote on the additional day for voting. Voting on the additional day\nprovided for in this section shall be accomplished solely by physically\nappearing at the polling place and nothing contained in this section\nshall be construed to extend the time set by law for casting or\ncanvassing a military, early mail, absentee or special presidential\nballot; provided, however, that nothing contained herein shall be deemed\nto invalidate any early mail, absentee, military or special presidential\nballot duly received on the original date of the general election.\n 5. A county board of elections, or the state board of elections with\nrespect to an election conducted in a political subdivision in the\njurisdiction of more than one county board of elections, may determine\nthat, as the direct consequence of a fire, earthquake, tornado,\nexplosion, power failure, act of sabotage, enemy attack or other\ndisaster, the ability to make a filing with respect to any provision of\nthis chapter was substantially impaired. Upon making such a finding, a\ncounty board of elections, or the state board of elections shall extend\nfor a reasonable time the period for making such filing. An extension\npursuant to this subdivision granted by a county board of elections\nshall be subject to the approval of the state board of elections if such\nextension is longer than one business day.\n