N.Y. Election Law § 3-108: Disaster; additional day for voting

§ 3-108. Disaster; additional day for voting. 1. A county board of

elections, or the state board of elections with respect to an election

conducted in a district in the jurisdiction of more than one county

board of elections, may determine that, as the direct consequence of a

fire, earthquake, tornado, explosion, power failure, act of sabotage,

enemy attack or other disaster, less than twenty-five per centum of the

registered voters of any city, town or village, or if the city of New

York, or any county therein, actually voted in any general election.

Such a determination by a county board of elections shall be subject to

approval by the state board of elections. If the state board of

elections makes such a determination, it shall notify the board of

elections having jurisdiction in that county that an additional day of

election shall be held, which notice shall show: the nature of the

disaster; the county, city, town or village affected thereby; the number

of persons duly registered to vote therein at such general election; and

the number of persons who voted therein at such general election.

2. The county board of elections shall thereafter set a date for an

additional day for voting in the county, city, town or village affected

by the statement, which shall not be more than twenty days after the

original date of the general election and shall determine the hours

during which the polls shall remain open on such additional day for

voting; provided, however, that in any event the polls shall remain open

for not less than eleven hours. The county board of elections shall

publish notice thereof not less than twice in each week preceding the

date for the additional day for voting, in newspapers as designated in

this chapter, and shall notify all registered voters by mail. Such

notice shall also direct attention to any change of polling places and

shall contain such other and additional information as in the judgment

of the board of elections shall be necessary and proper.

3. Official ballots shall be provided at public expense at each

polling place for such additional day of election. In any election

district in which voting machines were used upon the original day of

voting, they shall be used for the additional day for voting. The

original seal on such machines shall not be removed nor shall the

machines be unlocked until the opening of the polls on the additional

day for voting and the board of elections shall provide an additional

seal to be used as soon as the polls are closed on such day.

4. Only those persons duly registered to vote upon the original date

of the general election who did not vote on such date shall be entitled

to vote on the additional day for voting. Voting on the additional day

provided for in this section shall be accomplished solely by physically

appearing at the polling place and nothing contained in this section

shall be construed to extend the time set by law for casting or

canvassing a military, early mail, absentee or special presidential

ballot; provided, however, that nothing contained herein shall be deemed

to invalidate any early mail, absentee, military or special presidential

ballot duly received on the original date of the general election.

5. A county board of elections, or the state board of elections with

respect to an election conducted in a political subdivision in the

jurisdiction of more than one county board of elections, may determine

that, as the direct consequence of a fire, earthquake, tornado,

explosion, power failure, act of sabotage, enemy attack or other

disaster, the ability to make a filing with respect to any provision of

this chapter was substantially impaired. Upon making such a finding, a

county board of elections, or the state board of elections shall extend

for a reasonable time the period for making such filing. An extension

pursuant to this subdivision granted by a county board of elections

shall be subject to the approval of the state board of elections if such

extension is longer than one business day.