N.Y. Election Law § 8-104: Polls

§ 8-104. Polls. 1. The American flag shall be kept displayed at each

polling place throughout the election. Facsimile ballots, voter

information posting and distance markers shall not be taken down, torn

or defaced during the election. While the polls are open no person shall

do any electioneering within the polling place, or in any public street,

within a one hundred foot radial measured from the entrances designated

by the inspectors of election, to such polling place or within such

distance in any place in a public manner; and no political banner,

button, poster or placard shall be allowed in or upon the polling place

or within such one hundred foot radial. While the polls are open no

person shall consume any alcoholic beverages within the polling place.

While the polls are open no person shall make any change, alteration or

modification to any entrance to or exit from the polling place unless

such change, alteration or modification allows for increased access for

persons with disabilities or is necessary to maintain public safety due

to the occurrence of an emergency. Any such change, alteration or

modification shall be clearly marked on signage placed adjacent to the

former entrance or exit.

1-a. The election inspectors shall conspicuously post in the polling

place before the opening of the polls, a voter information posting,

which shall include: (a) the sample ballot and instructions for the use

of ballot scanners and ballot marking devices required pursuant to

section 7-118 of this chapter; (b) a statement that "today is election

day" and the hours during which polling places will be open; (c)

instructions on how to cast an affidavit ballot and a concise statement

of a voter's right to such a ballot; (d) instructions relating to

requirements for voting on ballot scanners by those registrants who must

provide identification pursuant to the federal Help America Vote Act of

2002; (e) instructions for first-time voters; (f) a voter's bill of

rights describing voter's rights under applicable federal and state law,

including the right of accessibility and alternate language

accessibility; (g) information pertaining to voting by election day

paper ballot, including information about the consequence of casting an

overvote, steps to prevent unintentional undervoting and spoiled

ballots; (h) instructions on how to contact the appropriate officials if

a voter's right to vote or right to otherwise participate in the

electoral process has been violated; and (i) general information on

federal and state laws regarding prohibitions on acts of fraud and

misrepresentation. The state board of elections shall prescribe the form

and content of the voter information posting, which may be comprised of

one or more pages, provided each page shall be posted separately. The

state board of elections shall prescribe an official version of such

voter information posting for every language which appears on any

general, primary or special election ballot in any election district in

the state and for such other languages as such board, in its opinion,

determines is appropriate. Such posting shall be used in all

jurisdictions, and a separate posting shall be made by election

inspectors for each language appearing on the ballot and for such

additional languages as the board of elections may require. A board of

elections may modify or supplement the voter information posting used in

its jurisdiction to provide additional or local information; provided,

however, any such modification or supplementation shall be submitted to

the state board of elections for prior approval.

2. The ballot boxes, other secure storage containers and all official

ballots shall be kept within the guard-rail, and at least six feet

therefrom, from the opening of the polls until the announcement of the

result of the canvass and the signing of the inspectors' returns

thereof. No person shall be admitted within the guard-rail during such

period except the election officers, authorized watchers, persons

admitted by the inspectors to preserve order or enforce the law, voters

duly admitted for the purpose of voting and children under the age of

sixteen accompanying their voting parents or guardians; provided,

however, that candidates voted for at the polling place may be within

the guard-rail during the canvass.

3. The provisions of this chapter concerning the preservation of order

and apprehension for crime on a day of registration, shall apply to a

day of election, but a person taken into custody shall not be prohibited

thereby from voting.

4. After a ballot box or other secure storage container has been

locked for the purposes of election, it shall not be opened until it is

opened at the close of the polls for purposes of canvass or by election

officials upon the instructions of the board of elections. Each

inspector shall be responsible personally for the custody of each ballot

box and other secure storage container and its contents from the time

the election begins until the box or container is delivered, according

to law, to the person entitled to receive it.

5. Voters entitled to vote who are on line or in the polling place at

the time fixed by law for the closing of the polls shall be allowed to

vote.

6. In the city of New York, during days of primary, general, special

and community school board elections, at each premises wherein a polling

place or places are located, at least one police officer or peace

officer designated by the police commissioner of such city pursuant to

the provisions of article two of the criminal procedure law shall be

assigned for duty from the opening until the closing of the polls.

Additional police officers or peace officers may be assigned as is

deemed appropriate by the police commissioner of such city.

7. This section shall apply on all early voting days as provided for

in section 8-600 of this article.