N.Y. Election Law § 4-104: Registration and polling places; designation of

§ 4-104. Registration and polling places; designation of. 1. Every

board of elections shall, in consultation with each city, town and

village, designate the polling places in each election district in which

the meetings for the registration of voters, and for any election may be

held. The board of trustees of each village in which general and special

village elections conducted by the board of elections are held at a time

other than the time of a general election shall submit such a list of

polling places for such village elections to the board of elections. A

polling place may be located in a building owned by a religious

organization or used by it as a place of worship. If such a building is

designated as a polling place, it shall not be required to be open for

voter registration on any Saturday if this is contrary to the religious

beliefs of the religious organization. In such a situation, the board of

elections shall designate an alternate location to be used for voter

registration. Such polling places must be designated by March fifteenth,

of each year, and shall be effective for one year thereafter. Such a

list required to be submitted by a village board of trustees must be

submitted at least four months before each general village election and

shall be effective until four months before the subsequent general

village election. No place in which a business licensed to sell

alcoholic beverages for on premises consumption is conducted on any day

of local registration or of voting shall be so designated. If, within

the discretion of the board of elections a particular polling place so

designated is subsequently found to be unsuitable or unsafe or should

circumstances arise that make a designated polling place unsuitable or

unsafe, then the board of elections is empowered to select an

alternative meeting place. In the city of New York, the board of

elections shall designate such polling places and alternate registration

places if the polling place cannot be used for voter registration on

Saturdays.

1-a. Each polling place shall be accessible to citizens with

disabilities and comply with the accessibility guidelines of the

Americans with Disabilities Act of 1990. The state board of elections

shall publish and distribute to each board of elections with the power

to designate poll sites, a concise, non-technical guide describing

standards for poll site accessibility, including a polling site access

survey instrument, in accordance with the Americans with Disabilities

Act accessibility guidelines (ADAAG) and methods to comply with such

standards. Such guide and procedures shall be developed in consultation

with persons, groups or entities with knowledge about public access as

the state board of elections shall determine appropriate.

1-b. The county board of elections shall cause an access survey to be

conducted for every polling site to verify substantial compliance with

the accessibility standards cited in this section. Completed surveys

shall be submitted to the state board of elections and kept on file as a

public record by each county. Each polling site shall be evaluated prior

to its designation or upon changes to the facility. A site designated as

a polling place prior to the effective date of this subdivision shall be

evaluated within two years of the effective date of this subdivision by

an individual qualified to determine whether or not such site meets the

existing state and federal accessibility standards. Any polling place

deemed not to meet the existing accessibility standards must make

necessary changes and/or modifications, or be moved to a verified

accessible polling place within six months.

1-c. The state board of elections shall promulgate any rules and

regulations necessary to implement the provisions of this section.

2. (a) If the board of elections, after designating a polling place,

and after sending written notice of such polling place to each

registered voter, designates an alternative polling place, it must, at

least five days before the next election or day for registration, send

by mail a written notice to each registered voter notifying such voter

of the changed location of such polling place. If such notice is not

possible the board of elections must provide for an alternative form of

notice to be given to voters at the location of the previous polling

place.

(b) In a city with a population of one million or more, if the board

of elections, after designating a polling place, is notified of the need

to change the location of such polling place, such board of elections

shall, within five days of receiving such notice, notify by mail:

(i) the chairpersons of all state party committees;

(ii) the chairpersons of all county party committees in the county in

which such polling place is located;

(iii) the member of the state assembly representing the district in

which such polling place is located and any member of the state assembly

whose district includes any election district the residents of which are

assigned to vote at such polling place;

(iv) the state senator representing the district in which such polling

place is located and any state senator whose district includes any

election district the residents of which are assigned to vote at such

polling place;

(v) the city councilmember representing the district in which such

polling place is located and any city councilmember whose district

includes any election district the residents of which are assigned to

vote at such polling place; and

(vi) in an assembly district in which assembly district leaders are

elected to represent an entire assembly district, the assembly district

leaders representing the district in which such polling place is located

and any assembly district leader whose district includes any election

district the residents of which are assigned to vote at such polling

place, or, in an assembly district in which district leaders are elected

in parts, the district leaders for the part in which the polling place

is located and any assembly district leader whose part includes any

election district the residents of which are assigned to vote at such

polling place.

3. A building exempt from taxation shall be used whenever possible as

a polling place if it is situated in the same or a contiguous election

district, and may contain as many distinctly separate polling places as

public convenience may require. The expense, if any, incidental to its

use, shall be paid like the expense of other places of registration and

voting. If a board or body empowered to designate polling places chooses

a public school building for such purpose, the board or agency which

controls such building must make available a room or rooms in such

building which are suitable for registration and voting and which are as

close as possible to a convenient entrance to such building and must

make available any such room or rooms which the board or body

designating such building determines are accessible to physically

disabled voters as provided in subdivision one-a. Notwithstanding the

provisions of any general, special or local law, if a board or body

empowered to designate polling places chooses a publicly owned or leased

building, other than a public school building, for such purposes the

board or body which controls such building must make available a room or

rooms in such building which are suitable for registration and voting

and which are as close as possible to a convenient entrance to such

building, and must make available any such room or rooms which the board

or body designating such building determines are accessible to

physically disabled voters unless, not later than thirty days after

notice of its designation as a polling place, the board or body

controlling such building, files a written request for a cancellation of

such designation with the board or body empowered to designate polling

places on such form as shall be provided by the board or body making

such designation. The board or body empowered to so designate shall,

within twenty days after such request is filed, determine whether the

use of such building as a polling place would unreasonably interfere

with the usual activities conducted in such building and upon such

determination, may cancel such designation.

3-a. Any person or entity which controls a building for which a tax

exemption, tax abatement, subsidy, grant or loan for construction,

renovation, rehabilitation or operation has been provided by any agency

of the state or any political subdivision thereof on or after the

effective date of this subdivision shall agree to make available for

registration and voting purposes the room or rooms in such building

which the board or body empowered to designate polling places determines

are suitable for registration and voting, are accessible to physically

disabled voters and are as close as possible to a convenient entrance to

such building. Notwithstanding any other provision of law, any agency of

the state or any political subdivision thereof may deny a tax exemption,

tax abatement, subsidy, grant or loan for construction, renovation,

rehabilitation or operation to a building which is otherwise eligible

for such exemption, abatement, subsidy, grant or loan if the person or

entity which controls such building refuses to agree to make available

for registration and voting purposes the room or rooms in such building

which the board or body empowered to designate polling places determines

are suitable for registration and voting, are accessible to physically

disabled voters and are as close as possible to a convenient entrance to

such building. The provisions of this subdivision shall not apply to

buildings used solely for residential purposes which contain twenty-five

dwelling units or less.

3-b. Any person or entity conducting any program, activity or service

for which a loan, grant, contract, subsidy or reimbursement has been

provided by any agency of the state or a political subdivision thereof

on or after the effective date of this subdivision shall make available

for registration and voting purposes the room or rooms under the control

of such person or entity in a building in which such program, activity

or service is conducted which the board or body empowered to designate

polling places determines are suitable for registration and voting, are

accessible to physically disabled voters and are as close as possible to

a convenient entrance to such building. Any such person, organization or

entity shall agree to facilitate the use of such room or rooms, to the

maximum extent possible, by making efforts to obtain the permission and

cooperation of any person or entity which controls the building in which

such room or rooms are located. Notwithstanding any other provision of

law, any agency of the state or any political subdivision thereof may

deny a loan, grant, contract, subsidy or reimbursement to any such

person or entity otherwise eligible for such loan, grant, contract,

subsidy or reimbursement unless such person or entity agrees to make

available for registration and voting purposes the room or rooms in such

building which the board or body empowered to designate polling places

determines are suitable for registration and voting, are accessible to

physically disabled voters as provided in subdivision one-a of this

section and are as close as possible to a convenient entrance to such

building and agrees to facilitate the use of such room or rooms, to the

maximum extent possible, by making efforts to obtain the permission and

cooperation of any person or entity which controls the building in which

such room or rooms are located.

3-c. Notwithstanding the provisions of subdivisions three-a and

three-b of this section, no person, board, agency, body or entity shall

be required to make available for registration or voting by persons

other than the residents of such building, any room or rooms in a

building, other than a publicly owned building, which contains

correctional, health, mental hygiene, day care, drug or addiction

treatment, or emergency services or other services for the public

safety, or in a building used for religious services.

3-d. Notwithstanding any inconsistent provision of section 3-506 or

section 4-134 of this chapter, and in the absence of a specific written

agreement to the contrary, if the board or body empowered to designate

polling places has authorized the use of a portable ramp, or ramp and

platform, at a polling site for purposes of compliance with subdivision

one-a of this section, the person or entity in control of a building or

portion thereof in which such polling site is designated shall install,

remove, store, and safeguard each such ramp, or ramp and platform, at

such times and dates as may be required by the board or body empowered

to designate polling places.

4. Where an election district is so situated or the only facilities

available therein are such that public convenience would be served by

establishing a polling place outside such district, the board or body

empowered by this chapter to establish election districts may designate

a polling place in a contiguous district.

4-a. Notwithstanding any conflicting provisions of this section, the

common council of the city of Little Falls may adopt a resolution

determining that there is no building within an election district within

such city available and suitable for the meetings for the registration

of voters or for any election, or that for reasons of efficiency or

economy it is desirable to consolidate the polling places for two or

more, or all districts, in such city, in one place, regardless of

whether or not such district adjoins the district to which such meeting

or polling place is moved, and there may be as many distinctly separate

election districts lawfully located in the same building as public

convenience may require. Such a resolution shall be subject to the

approval of the county board of elections. Every such building chosen

shall meet all other requirements of this section and all federal

requirements for accessibility for the elderly and the disabled.

5. (a) Whenever the number of voters eligible to vote in an election

in any election district is less than one hundred, the polling place

designated for such district may be the polling place of any other

district which could properly be designated as the polling place of the

first mentioned district pursuant to the provisions of this chapter,

except that the polling place designated for any such district may be

the polling place of any other district in such city or town provided

that the distance from such first mentioned district to the polling

place for such other district is not unreasonable pursuant to rules or

regulations prescribed by the state board of elections and provided that

the total number of persons eligible to vote in such other district in

such election, including the persons eligible to vote in such first

mentioned districts, is not more than five hundred. The inspectors of

election and poll clerks, if any, of such other election district shall

also act in all respects as the election officers for such first

mentioned districts and no other inspectors shall be appointed to serve

in or for such first mentioned districts. A separate poll ledger or

computer generated registration list, separate voting machine or ballots

and separate canvass of results shall be provided for such first

mentioned districts, except that if the candidates and ballot proposals

to be voted on by the voters of such districts are the same, the

election districts shall be combined and shall constitute a single

election district for that election. However, if the first mentioned

district contains fewer than ten voters eligible to vote in such

election, there shall be no limitation on the total number of persons

eligible to vote in such combined district. If the polling place for any

election district is moved for any election, pursuant to the provisions

of this subdivision, the board of elections shall, not later than ten

nor more than fifteen days before such election, mail, by first class

mail, to each voter eligible to vote in such election district at such

election, a notice setting forth the location of the polling place for

such election and specifying that such location is for such election

only.

(b) Whenever the total number of voters eligible to vote in any

primary or special election, in any two election districts whose polling

places are regularly located in the same building, is less than four

hundred, the board of elections may assign the inspectors of election of

the election district which contains the greater number of such voters,

to act also, in all respects, as the election officers of the other such

election district and no other election officers shall be appointed to

serve in or for such other election district at such primary or special

election. A separate poll ledger or computer generated registration

list, separate voting machine or ballots and separate canvass of results

shall be provided for each such election district.

(c) Whenever all the candidates to be voted upon at a primary

election, except a primary election in the city of New York, or all the

candidates and ballot proposals to be voted upon at a special election,

or at a school board election conducted by the board of elections, or at

a general election in the city of New York in a year in which there is

no election for electors of president and vice-president of the United

States or governor of the state or mayor of such city, by the voters of

any two or more election districts whose polling places are regularly

located in the same building are identical, the board of elections may

combine such election districts for that election, provided that the

total number of voters eligible to vote in any such combined election

district does not exceed one thousand two hundred in a primary election

or does not exceed two thousand in a special election or a general

election in the city of New York.

(d) Notwithstanding any other provision of this section, polling

places designated for any one such election district that will be

utilizing any voting machine or system certified for use in New York

state pursuant to chapter one hundred eighty-one of the laws of two

thousand five, may be the polling place of any other contiguous district

or districts, provided the voting system used in such polling place

produces separate and distinct vote totals for each election district

voting in such polling place on such voting machine or system.

5-a. Whenever a contiguous property of a college or university

contains three hundred or more registrants who are registered to vote at

any address on such contiguous property, the polling place designated

for such registrants shall be on such contiguous property or at a nearby

location recommended by the college or university and agreed to by the

board of elections.

6. Each polling place designated, whenever practicable, shall be

situated on the main or ground floor of the premises selected. It shall

be of sufficient area to admit and comfortably accommodate voters in

numbers consistent with the deployment of voting systems and privacy

booths, pursuant to 9 NYCRR 6210.19. Such deployment of voting systems,

election workers and election resources shall be in a sufficient number

to accommodate the numbers of voters eligible to vote in such polling

place.

6-a. Each polling place designated, whenever practicable, shall be

situated directly on a public transportation route.

7. No polling place shall be located on premises owned or leased by a

person holding public office or who is a candidate for public office at

a primary or general election.

8. Whenever the board of elections shall determine that there is no

building within an election district available and suitable for the

meetings for the registration of voters or for any election, or that for

reasons of efficiency or economy it is desirable to consolidate such

meetings of one or more districts in one place, such board may designate

a building for such purpose in an adjoining district in the same

village, city or town and there may be as many distinctly separate

meetings or polling places lawfully located in the same building as

public convenience may require. Wherever possible, public schools, fire

houses, municipal buildings or other buildings exempt from taxation

shall be designated for such meetings and polling places. Such a

determination shall be made only after notice to the chairpersons of the

county committees of all political parties and reasonable opportunity

for them to be heard.