§ 4-104 — Registration and polling places; designation of

New York § 4-104

• Jurisdiction: New York
• Law ELN: Election
• Art. 4: Proceedings Preliminary to Registration, Enrollment and Elections

Text

§ 4-104. Registration and polling places; designation of. 1. Every\nboard of elections shall, in consultation with each city, town and\nvillage, designate the polling places in each election district in which\nthe meetings for the registration of voters, and for any election may be\nheld. The board of trustees of each village in which general and special\nvillage elections conducted by the board of elections are held at a time\nother than the time of a general election shall submit such a list of\npolling places for such village elections to the board of elections. A\npolling place may be located in a building owned by a religious\norganization or used by it as a place of worship. If such a building is\ndesignated as a polling place, it shall not be required to be open for\nvoter registration on any Saturday if this is contrary to the religious\nbeliefs of the religious organization. In such a situation, the board of\nelections shall designate an alternate location to be used for voter\nregistration. Such polling places must be designated by March fifteenth,\nof each year, and shall be effective for one year thereafter. Such a\nlist required to be submitted by a village board of trustees must be\nsubmitted at least four months before each general village election and\nshall be effective until four months before the subsequent general\nvillage election. No place in which a business licensed to sell\nalcoholic beverages for on premises consumption is conducted on any day\nof local registration or of voting shall be so designated. If, within\nthe discretion of the board of elections a particular polling place so\ndesignated is subsequently found to be unsuitable or unsafe or should\ncircumstances arise that make a designated polling place unsuitable or\nunsafe, then the board of elections is empowered to select an\nalternative meeting place. In the city of New York, the board of\nelections shall designate such polling places and alternate registration\nplaces if the polling place cannot be used for voter registration on\nSaturdays.\n 1-a. Each polling place shall be accessible to citizens with\ndisabilities and comply with the accessibility guidelines of the\nAmericans with Disabilities Act of 1990. The state board of elections\nshall publish and distribute to each board of elections with the power\nto designate poll sites, a concise, non-technical guide describing\nstandards for poll site accessibility, including a polling site access\nsurvey instrument, in accordance with the Americans with Disabilities\nAct accessibility guidelines (ADAAG) and methods to comply with such\nstandards. Such guide and procedures shall be developed in consultation\nwith persons, groups or entities with knowledge about public access as\nthe state board of elections shall determine appropriate.\n 1-b. The county board of elections shall cause an access survey to be\nconducted for every polling site to verify substantial compliance with\nthe accessibility standards cited in this section. Completed surveys\nshall be submitted to the state board of elections and kept on file as a\npublic record by each county. Each polling site shall be evaluated prior\nto its designation or upon changes to the facility. A site designated as\na polling place prior to the effective date of this subdivision shall be\nevaluated within two years of the effective date of this subdivision by\nan individual qualified to determine whether or not such site meets the\nexisting state and federal accessibility standards. Any polling place\ndeemed not to meet the existing accessibility standards must make\nnecessary changes and/or modifications, or be moved to a verified\naccessible polling place within six months.\n 1-c. The state board of elections shall promulgate any rules and\nregulations necessary to implement the provisions of this section.\n 2. (a) If the board of elections, after designating a polling place,\nand after sending written notice of such polling place to each\nregistered voter, designates an alternative polling place, it must, at\nleast five days before the next election or day for registration, send\nby mail a written notice to each registered voter notifying such voter\nof the changed location of such polling place. If such notice is not\npossible the board of elections must provide for an alternative form of\nnotice to be given to voters at the location of the previous polling\nplace.\n (b) In a city with a population of one million or more, if the board\nof elections, after designating a polling place, is notified of the need\nto change the location of such polling place, such board of elections\nshall, within five days of receiving such notice, notify by mail:\n (i) the chairpersons of all state party committees;\n (ii) the chairpersons of all county party committees in the county in\nwhich such polling place is located;\n (iii) the member of the state assembly representing the district in\nwhich such polling place is located and any member of the state assembly\nwhose district includes any election district the residents of which are\nassigned to vote at such polling place;\n (iv) the state senator representing the district in which such polling\nplace is located and any state senator whose district includes any\nelection district the residents of which are assigned to vote at such\npolling place;\n (v) the city councilmember representing the district in which such\npolling place is located and any city councilmember whose district\nincludes any election district the residents of which are assigned to\nvote at such polling place; and\n (vi) in an assembly district in which assembly district leaders are\nelected to represent an entire assembly district, the assembly district\nleaders representing the district in which such polling place is located\nand any assembly district leader whose district includes any election\ndistrict the residents of which are assigned to vote at such polling\nplace, or, in an assembly district in which district leaders are elected\nin parts, the district leaders for the part in which the polling place\nis located and any assembly district leader whose part includes any\nelection district the residents of which are assigned to vote at such\npolling place.\n 3. A building exempt from taxation shall be used whenever possible as\na polling place if it is situated in the same or a contiguous election\ndistrict, and may contain as many distinctly separate polling places as\npublic convenience may require. The expense, if any, incidental to its\nuse, shall be paid like the expense of other places of registration and\nvoting. If a board or body empowered to designate polling places chooses\na public school building for such purpose, the board or agency which\ncontrols such building must make available a room or rooms in such\nbuilding which are suitable for registration and voting and which are as\nclose as possible to a convenient entrance to such building and must\nmake available any such room or rooms which the board or body\ndesignating such building determines are accessible to physically\ndisabled voters as provided in subdivision one-a. Notwithstanding the\nprovisions of any general, special or local law, if a board or body\nempowered to designate polling places chooses a publicly owned or leased\nbuilding, other than a public school building, for such purposes the\nboard or body which controls such building must make available a room or\nrooms in such building which are suitable for registration and voting\nand which are as close as possible to a convenient entrance to such\nbuilding, and must make available any such room or rooms which the board\nor body designating such building determines are accessible to\nphysically disabled voters unless, not later than thirty days after\nnotice of its designation as a polling place, the board or body\ncontrolling such building, files a written request for a cancellation of\nsuch designation with the board or body empowered to designate polling\nplaces on such form as shall be provided by the board or body making\nsuch designation. The board or body empowered to so designate shall,\nwithin twenty days after such request is filed, determine whether the\nuse of such building as a polling place would unreasonably interfere\nwith the usual activities conducted in such building and upon such\ndetermination, may cancel such designation.\n 3-a. Any person or entity which controls a building for which a tax\nexemption, tax abatement, subsidy, grant or loan for construction,\nrenovation, rehabilitation or operation has been provided by any agency\nof the state or any political subdivision thereof on or after the\neffective date of this subdivision shall agree to make available for\nregistration and voting purposes the room or rooms in such building\nwhich the board or body empowered to designate polling places determines\nare suitable for registration and voting, are accessible to physically\ndisabled voters and are as close as possible to a convenient entrance to\nsuch building. Notwithstanding any other provision of law, any agency of\nthe state or any political subdivision thereof may deny a tax exemption,\ntax abatement, subsidy, grant or loan for construction, renovation,\nrehabilitation or operation to a building which is otherwise eligible\nfor such exemption, abatement, subsidy, grant or loan if the person or\nentity which controls such building refuses to agree to make available\nfor registration and voting purposes the room or rooms in such building\nwhich the board or body empowered to designate polling places determines\nare suitable for registration and voting, are accessible to physically\ndisabled voters and are as close as possible to a convenient entrance to\nsuch building. The provisions of this subdivision shall not apply to\nbuildings used solely for residential purposes which contain twenty-five\ndwelling units or less.\n 3-b. Any person or entity conducting any program, activity or service\nfor which a loan, grant, contract, subsidy or reimbursement has been\nprovided by any agency of the state or a political subdivision thereof\non or after the effective date of this subdivision shall make available\nfor registration and voting purposes the room or rooms under the control\nof such person or entity in a building in which such program, activity\nor service is conducted which the board or body empowered to designate\npolling places determines are suitable for registration and voting, are\naccessible to physically disabled voters and are as close as possible to\na convenient entrance to such building. Any such person, organization or\nentity shall agree to facilitate the use of such room or rooms, to the\nmaximum extent possible, by making efforts to obtain the permission and\ncooperation of any person or entity which controls the building in which\nsuch room or rooms are located. Notwithstanding any other provision of\nlaw, any agency of the state or any political subdivision thereof may\ndeny a loan, grant, contract, subsidy or reimbursement to any such\nperson or entity otherwise eligible for such loan, grant, contract,\nsubsidy or reimbursement unless such person or entity agrees to make\navailable for registration and voting purposes the room or rooms in such\nbuilding which the board or body empowered to designate polling places\ndetermines are suitable for registration and voting, are accessible to\nphysically disabled voters as provided in subdivision one-a of this\nsection and are as close as possible to a convenient entrance to such\nbuilding and agrees to facilitate the use of such room or rooms, to the\nmaximum extent possible, by making efforts to obtain the permission and\ncooperation of any person or entity which controls the building in which\nsuch room or rooms are located.\n 3-c. Notwithstanding the provisions of subdivisions three-a and\nthree-b of this section, no person, board, agency, body or entity shall\nbe required to make available for registration or voting by persons\nother than the residents of such building, any room or rooms in a\nbuilding, other than a publicly owned building, which contains\ncorrectional, health, mental hygiene, day care, drug or addiction\ntreatment, or emergency services or other services for the public\nsafety, or in a building used for religious services.\n 3-d. Notwithstanding any inconsistent provision of section 3-506 or\nsection 4-134 of this chapter, and in the absence of a specific written\nagreement to the contrary, if the board or body empowered to designate\npolling places has authorized the use of a portable ramp, or ramp and\nplatform, at a polling site for purposes of compliance with subdivision\none-a of this section, the person or entity in control of a building or\nportion thereof in which such polling site is designated shall install,\nremove, store, and safeguard each such ramp, or ramp and platform, at\nsuch times and dates as may be required by the board or body empowered\nto designate polling places.\n 4. Where an election district is so situated or the only facilities\navailable therein are such that public convenience would be served by\nestablishing a polling place outside such district, the board or body\nempowered by this chapter to establish election districts may designate\na polling place in a contiguous district.\n 4-a. Notwithstanding any conflicting provisions of this section, the\ncommon council of the city of Little Falls may adopt a resolution\ndetermining that there is no building within an election district within\nsuch city available and suitable for the meetings for the registration\nof voters or for any election, or that for reasons of efficiency or\neconomy it is desirable to consolidate the polling places for two or\nmore, or all districts, in such city, in one place, regardless of\nwhether or not such district adjoins the district to which such meeting\nor polling place is moved, and there may be as many distinctly separate\nelection districts lawfully located in the same building as public\nconvenience may require. Such a resolution shall be subject to the\napproval of the county board of elections. Every such building chosen\nshall meet all other requirements of this section and all federal\nrequirements for accessibility for the elderly and the disabled.\n 5. (a) Whenever the number of voters eligible to vote in an election\nin any election district is less than one hundred, the polling place\ndesignated for such district may be the polling place of any other\ndistrict which could properly be designated as the polling place of the\nfirst mentioned district pursuant to the provisions of this chapter,\nexcept that the polling place designated for any such district may be\nthe polling place of any other district in such city or town provided\nthat the distance from such first mentioned district to the polling\nplace for such other district is not unreasonable pursuant to rules or\nregulations prescribed by the state board of elections and provided that\nthe total number of persons eligible to vote in such other district in\nsuch election, including the persons eligible to vote in such first\nmentioned districts, is not more than five hundred. The inspectors of\nelection and poll clerks, if any, of such other election district shall\nalso act in all respects as the election officers for such first\nmentioned districts and no other inspectors shall be appointed to serve\nin or for such first mentioned districts. A separate poll ledger or\ncomputer generated registration list, separate voting machine or ballots\nand separate canvass of results shall be provided for such first\nmentioned districts, except that if the candidates and ballot proposals\nto be voted on by the voters of such districts are the same, the\nelection districts shall be combined and shall constitute a single\nelection district for that election. However, if the first mentioned\ndistrict contains fewer than ten voters eligible to vote in such\nelection, there shall be no limitation on the total number of persons\neligible to vote in such combined district. If the polling place for any\nelection district is moved for any election, pursuant to the provisions\nof this subdivision, the board of elections shall, not later than ten\nnor more than fifteen days before such election, mail, by first class\nmail, to each voter eligible to vote in such election district at such\nelection, a notice setting forth the location of the polling place for\nsuch election and specifying that such location is for such election\nonly.\n (b) Whenever the total number of voters eligible to vote in any\nprimary or special election, in any two election districts whose polling\nplaces are regularly located in the same building, is less than four\nhundred, the board of elections may assign the inspectors of election of\nthe election district which contains the greater number of such voters,\nto act also, in all respects, as the election officers of the other such\nelection district and no other election officers shall be appointed to\nserve in or for such other election district at such primary or special\nelection. A separate poll ledger or computer generated registration\nlist, separate voting machine or ballots and separate canvass of results\nshall be provided for each such election district.\n (c) Whenever all the candidates to be voted upon at a primary\nelection, except a primary election in the city of New York, or all the\ncandidates and ballot proposals to be voted upon at a special election,\nor at a school board election conducted by the board of elections, or at\na general election in the city of New York in a year in which there is\nno election for electors of president and vice-president of the United\nStates or governor of the state or mayor of such city, by the voters of\nany two or more election districts whose polling places are regularly\nlocated in the same building are identical, the board of elections may\ncombine such election districts for that election, provided that the\ntotal number of voters eligible to vote in any such combined election\ndistrict does not exceed one thousand two hundred in a primary election\nor does not exceed two thousand in a special election or a general\nelection in the city of New York.\n (d) Notwithstanding any other provision of this section, polling\nplaces designated for any one such election district that will be\nutilizing any voting machine or system certified for use in New York\nstate pursuant to chapter one hundred eighty-one of the laws of two\nthousand five, may be the polling place of any other contiguous district\nor districts, provided the voting system used in such polling place\nproduces separate and distinct vote totals for each election district\nvoting in such polling place on such voting machine or system.\n 5-a. Whenever a contiguous property of a college or university\ncontains three hundred or more registrants who are registered to vote at\nany address on such contiguous property, the polling place designated\nfor such registrants shall be on such contiguous property or at a nearby\nlocation recommended by the college or university and agreed to by the\nboard of elections.\n 6. Each polling place designated, whenever practicable, shall be\nsituated on the main or ground floor of the premises selected. It shall\nbe of sufficient area to admit and comfortably accommodate voters in\nnumbers consistent with the deployment of voting systems and privacy\nbooths, pursuant to 9 NYCRR 6210.19. Such deployment of voting systems,\nelection workers and election resources shall be in a sufficient number\nto accommodate the numbers of voters eligible to vote in such polling\nplace.\n 6-a. Each polling place designated, whenever practicable, shall be\nsituated directly on a public transportation route.\n 7. No polling place shall be located on premises owned or leased by a\nperson holding public office or who is a candidate for public office at\na primary or general election.\n 8. Whenever the board of elections shall determine that there is no\nbuilding within an election district available and suitable for the\nmeetings for the registration of voters or for any election, or that for\nreasons of efficiency or economy it is desirable to consolidate such\nmeetings of one or more districts in one place, such board may designate\na building for such purpose in an adjoining district in the same\nvillage, city or town and there may be as many distinctly separate\nmeetings or polling places lawfully located in the same building as\npublic convenience may require. Wherever possible, public schools, fire\nhouses, municipal buildings or other buildings exempt from taxation\nshall be designated for such meetings and polling places. Such a\ndetermination shall be made only after notice to the chairpersons of the\ncounty committees of all political parties and reasonable opportunity\nfor them to be heard.\n