N.Y. Election Law § 8-600: Early voting

§ 8-600. Early voting. 1. Beginning the tenth day prior to any

general, primary, run-off primary pursuant to subdivision one of section

6-162 of this chapter or special election for any public or party

position except for such an election held pursuant to title two of

article six or article fifteen of this chapter, and ending on and

including the second day prior to such general, primary, run-off primary

or special election for such public office or party position, persons

duly registered and eligible to vote at such election shall be permitted

to vote as provided in this title. The board of elections shall

establish procedures, subject to approval of the state board of

elections, to ensure that persons who vote during the early voting

period shall not be permitted to vote subsequently in the same election.

2. (a) The board of elections shall designate polling places for early

voting, which may include the offices of the board of elections, for

persons to vote early pursuant to this title.

(b) The largest city in the county or, if there is no city in the

county, the municipality with the highest population in each county

based on the latest federal decennial census, or the county seat in

Washington county, shall have at least one polling place designated for

early voting, and to the extent practicable if such city or municipality

has public transportation routes, such polling place shall be situated

along such transportation routes.

(c) In counties with at least five hundred thousand registered voters,

there shall be so designated at least one early voting polling place for

every full increment of forty thousand registered voters.

(d) In all other counties with less than five hundred thousand

registered voters, there shall be so designated at least one early

voting polling place for every full increment of thirty thousand

registered voters; provided, however, the number of early voting polling

places in counties with less than five hundred thousand registered

voters shall not be required to be greater than ten nor less than one.

(e) For any special, primary or run-off primary election at which no

voters of the municipality with the highest population within the county

are eligible to vote, the board of elections may, in lieu of having an

early voting polling place in such municipality, designate a polling

place for early voting in the municipality with the highest population

within the county within which the voters are eligible to vote at such

special, primary, or run-off primary election.

(f) The board of elections of each county or the city of New York may

establish additional polling places for early voting in excess of the

minimum number required by this subdivision for the convenience of

eligible voters.

(g) Notwithstanding the minimum number of early voting poll sites

otherwise required by this subdivision, for any primary or special

election, upon majority vote of the board of elections, the number of

early voting sites may be reduced when the board of elections determines

a lesser number of sites is sufficient to meet the needs of early

voters.

(h) Polling places for early voting shall be located so that voters in

the county have adequate and equitable access, taking into consideration

population density, travel time to the polling place, proximity to other

early voting poll sites, public transportation routes, commuter traffic

patterns and such other factors the board of elections deems

appropriate. The provisions of section 4-104 of this chapter, except

subdivisions four and five of such section, shall apply to the

designation of polling places for early voting except to the extent such

provisions are inconsistent with this section.

3. Any voter may vote at any polling place for early voting

established pursuant to subdivision two of this section in the county

where such voter is registered to vote; provided, however, if it is

impractical to provide each polling place for early voting all of the

election district ballots or if early voting at any such polling place

makes ensuring that no voter has not previously voted early during such

election, the board of elections may assign election districts to a

particular early voting poll site. All voters in each county shall have

one or more polling places at which they are eligible to vote throughout

the early voting period on a substantially equal basis. If the board of

elections does not agree by majority vote to plan to assign election

districts to early voting poll sites, all voters in the county must be

able to vote at any poll site for early voting in the county.

4. (a) Polls shall be open for early voting for at least eight hours

between seven o'clock in the morning and eight o'clock in the evening

each week day during the early voting period.

(b) At least one polling place for early voting shall remain open

until eight o'clock in the evening on at least two week days in each

calendar week during the early voting period. If polling places for

early voting are limited to voters from certain areas pursuant to

subdivision three of this section, polling places that remain open until

eight o'clock shall be designated such that any person entitled to vote

early may vote until eight o'clock in the evening on at least two week

days during the early voting period.

(c) Polls shall be open for early voting for at least eight hours

between nine o'clock in the morning and eight o'clock in the evening on

each Saturday, Sunday and legal holiday during the early voting period.

(d) Nothing in this section shall be construed to prohibit any board

of elections from establishing a greater number of hours for voting

during the early voting period beyond the number of hours required in

this subdivision.

(e) Early voting polling places and their hours of operation for early

voting at a general election shall be designated by May first of each

year pursuant to subdivision one of section 4-104 of this chapter.

Notwithstanding the provisions of subdivision one of section 4-104 of

this chapter early voting polling places and their hours of operation

for early voting for: (i) a primary or special election shall be made

not later than forty-five days before such primary or special election;

(ii) thirty days before a special election held pursuant to paragraph b

of subdivision three of section forty-two of the public officers law;

and (iii) a run-off primary pursuant to subdivision one of section 6-162

of this chapter shall be made as soon as practicable.

(f) If the location of an early voting polling place as designated

pursuant to paragraph (e) of this subdivision changes prior to such

early voting period, notice shall be provided to all affected eligible

voters no later than five days prior to such voting period in accordance

with the communication plan established pursuant to subdivision five of

this section or as soon as practicable if such location change occurs

within five days of the commencement of such early voting period;

provided, however, no such location change may occur within forty-eight

hours of such commencement unless there is any disaster within the

meaning of section 3-108 of this chapter or a declared state of

emergency by the governor or any court of competent jurisdiction in the

county where the polling place is located.

5. Each board of elections shall create a communication plan to inform

eligible voters of the opportunity to vote early. Such plan may utilize

any and all media outlets, including social media, and shall publicize:

the location and dates and hours of operation of all polling places for

early voting; an indication of whether each polling place is accessible

to voters with physical disabilities; a clear and unambiguous notice to

voters that if they cast a ballot during the early voting period they

will not be allowed to vote election day; and if polling places for

early voting are limited to voters from certain areas pursuant to

subdivision three of this section, the location of the polling places

for early voting serving the voters of each particular city, town or

other political subdivision.

6. The form of paper ballots used in early voting shall comply with

the provisions of article seven of this chapter that are applicable to

voting by paper ballot on election day and such ballot shall be cast in

the same manner as provided for in section 8-312 of this article,

provided, however, that ballots cast during the early voting period

shall be secured in the manner of voted ballots cast on election day and

such ballots shall not be canvassed or examined until after the close of

the polls on election day, and no unofficial tabulations of election

results shall be printed or viewed in any manner until after the close

of polls on election day.

7. Voters casting ballots pursuant to this title shall be subject to

challenge as provided in sections 8-500, 8-502 and 8-504 of this

article.

8. Notwithstanding any other provisions of this chapter, at the end of

each day of early voting, any early voting ballots that have not been

scanned because a ballot scanner was not available or because the ballot

has been abandoned by the voter at the ballot scanner shall be cast in a

manner consistent with section 9-110 of this chapter, except that such

ballots which cannot then be cast on a ballot scanner shall be held

inviolate and unexamined and shall be duly secured until after the close

of polls on election day when such ballots shall be examined and

canvassed in a manner consistent with subdivision two of section 9-110

of this chapter.

9. The board of elections shall secure all ballots and scanners used

for early voting from the beginning of the early voting period through

the close of the polls on election day; provided, however, the state

board of elections may by regulation duly adopted by a majority of such

board establish a procedure whereby ballot scanners used for early

voting may also be used on election day if the portable memory devices

used during early voting containing the early voting election

information and vote tabulations are properly secured apart from the

scanners, and the results therefrom shall be duly canvassed after the

close of polls on election day.

10. After the close of polls on election day, inspectors or board of

elections employees appointed to canvass ballots cast during early

voting shall follow all relevant provisions of article nine of this

chapter that are not inconsistent with this section, for canvassing,

processing, recording, and announcing results of voting at polling

places for early voting, and securing ballots, scanners, and other

election materials. Such canvass may occur at the offices of the board

of elections, at the early voting polling place or such other location

designated by the board of elections.

11. Notwithstanding the requirements of this title requiring the

canvass of ballots cast during early voting after the close of polls on

election day, such canvass may begin one hour before the scheduled close

of polls on election day provided the board of elections adopts

procedures to prevent the public release of election results prior to

the close of polls on election day and such procedures shall be

consistent with the regulations of the state board of elections and

shall be filed with the state board of elections at least thirty days

before they shall be effective.