§ 8-104 — Polls

New York § 8-104

• Jurisdiction: New York
• Law ELN: Election
• Title 1: Polling Places
• Art. 8: Conduct of Elections

Text

§ 8-104. Polls. 1. The American flag shall be kept displayed at each\npolling place throughout the election. Facsimile ballots, voter\ninformation posting and distance markers shall not be taken down, torn\nor defaced during the election. While the polls are open no person shall\ndo any electioneering within the polling place, or in any public street,\nwithin a one hundred foot radial measured from the entrances designated\nby the inspectors of election, to such polling place or within such\ndistance in any place in a public manner; and no political banner,\nbutton, poster or placard shall be allowed in or upon the polling place\nor within such one hundred foot radial. While the polls are open no\nperson shall consume any alcoholic beverages within the polling place.\nWhile the polls are open no person shall make any change, alteration or\nmodification to any entrance to or exit from the polling place unless\nsuch change, alteration or modification allows for increased access for\npersons with disabilities or is necessary to maintain public safety due\nto the occurrence of an emergency. Any such change, alteration or\nmodification shall be clearly marked on signage placed adjacent to the\nformer entrance or exit.\n 1-a. The election inspectors shall conspicuously post in the polling\nplace before the opening of the polls, a voter information posting,\nwhich shall include: (a) the sample ballot and instructions for the use\nof ballot scanners and ballot marking devices required pursuant to\nsection 7-118 of this chapter; (b) a statement that "today is election\nday" and the hours during which polling places will be open; (c)\ninstructions on how to cast an affidavit ballot and a concise statement\nof a voter's right to such a ballot; (d) instructions relating to\nrequirements for voting on ballot scanners by those registrants who must\nprovide identification pursuant to the federal Help America Vote Act of\n2002; (e) instructions for first-time voters; (f) a voter's bill of\nrights describing voter's rights under applicable federal and state law,\nincluding the right of accessibility and alternate language\naccessibility; (g) information pertaining to voting by election day\npaper ballot, including information about the consequence of casting an\novervote, steps to prevent unintentional undervoting and spoiled\nballots; (h) instructions on how to contact the appropriate officials if\na voter's right to vote or right to otherwise participate in the\nelectoral process has been violated; and (i) general information on\nfederal and state laws regarding prohibitions on acts of fraud and\nmisrepresentation. The state board of elections shall prescribe the form\nand content of the voter information posting, which may be comprised of\none or more pages, provided each page shall be posted separately. The\nstate board of elections shall prescribe an official version of such\nvoter information posting for every language which appears on any\ngeneral, primary or special election ballot in any election district in\nthe state and for such other languages as such board, in its opinion,\ndetermines is appropriate. Such posting shall be used in all\njurisdictions, and a separate posting shall be made by election\ninspectors for each language appearing on the ballot and for such\nadditional languages as the board of elections may require. A board of\nelections may modify or supplement the voter information posting used in\nits jurisdiction to provide additional or local information; provided,\nhowever, any such modification or supplementation shall be submitted to\nthe state board of elections for prior approval.\n 2. The ballot boxes, other secure storage containers and all official\nballots shall be kept within the guard-rail, and at least six feet\ntherefrom, from the opening of the polls until the announcement of the\nresult of the canvass and the signing of the inspectors' returns\nthereof. No person shall be admitted within the guard-rail during such\nperiod except the election officers, authorized watchers, persons\nadmitted by the inspectors to preserve order or enforce the law, voters\nduly admitted for the purpose of voting and children under the age of\nsixteen accompanying their voting parents or guardians; provided,\nhowever, that candidates voted for at the polling place may be within\nthe guard-rail during the canvass.\n 3. The provisions of this chapter concerning the preservation of order\nand apprehension for crime on a day of registration, shall apply to a\nday of election, but a person taken into custody shall not be prohibited\nthereby from voting.\n 4. After a ballot box or other secure storage container has been\nlocked for the purposes of election, it shall not be opened until it is\nopened at the close of the polls for purposes of canvass or by election\nofficials upon the instructions of the board of elections. Each\ninspector shall be responsible personally for the custody of each ballot\nbox and other secure storage container and its contents from the time\nthe election begins until the box or container is delivered, according\nto law, to the person entitled to receive it.\n 5. Voters entitled to vote who are on line or in the polling place at\nthe time fixed by law for the closing of the polls shall be allowed to\nvote.\n 6. In the city of New York, during days of primary, general, special\nand community school board elections, at each premises wherein a polling\nplace or places are located, at least one police officer or peace\nofficer designated by the police commissioner of such city pursuant to\nthe provisions of article two of the criminal procedure law shall be\nassigned for duty from the opening until the closing of the polls.\nAdditional police officers or peace officers may be assigned as is\ndeemed appropriate by the police commissioner of such city.\n 7. This section shall apply on all early voting days as provided for\nin section 8-600 of this article.\n