NY Elec L § 4-104 (2021)
2021 New York Laws ELN - Election Article 4 - Proceedings Preliminary to Registration, Enrollment and Elections 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. 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  him  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.   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.   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.