2023 New York Laws › ELN - Election › Article 8 - Conduct of Elections › Title 6 - Early Voting › 8-600 - Early Voting.

§  8-600. Early voting.  * 1. (a) 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.
(b)  Notwithstanding  the  other provisions of this subdivision, early
voting for the presidential primary held on the second day of  April  in
the year two thousand twenty-four shall begin on the twenty-third day of
March  of  such year and shall end on the thirtieth day of March of such
year.
* NB Effective until December 31, 2024
* 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.
* NB Effective December 31, 2024
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.
* 4-a.  Notwithstanding  any  provisions  of  subdivision four of this
section  to  the  contrary,  the  duration  for  early  voting  for  the
presidential  primary  held  on  the second day of April in the year two
thousand twenty-four shall be, in accordance with the other requirements
of this section, at least nine hours on each day of early voting.
* NB Repealed December 31, 2024
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.