NY Elec L § 3-108 (2021)
2021 New York Laws ELN - Election Article 3 - Election Officials Title 1 - Statewide Provisions 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,  absentee  or  special   presidential   ballot;   provided,  however,  that  nothing  contained  herein shall be deemed to   invalidate any 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.