NY Elec L § 8-600 (2021)
2021 New York Laws ELN - Election Article 8 - Conduct of Elections Title 6 - Early Voting 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;  provided,  however,  that 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 municipality has public transportation routes, such polling place shall be situated  along  such transportation  routes.  There shall be so designated at least one early voting  polling  place  for  every  full  increment  of  fifty  thousand registered voters in each county; provided, however, the number of early voting  polling  places  in a county shall not be required to be greater than ten unless required by any other provision of  law,  and  a  county with  fewer  than  fifty  thousand  voters shall have at least one early voting polling place.  (b) 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.  (c)  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.  (d) 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.  (e) 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  five  hours between  nine  o'clock  in the morning and six 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; and  (ii) a run-off primary pursuant to subdivision one of section 6-162 of this chapter shall be made as soon as practicable.   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.