2023 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, early  mail,  absentee  or  special  presidential
  ballot; provided, however, that nothing contained herein shall be deemed
  to invalidate any early mail, 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.