2023 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.
5-a.  Whenever  a  contiguous  property  of  a  college  or university
contains three hundred or more registrants who are registered to vote at
any address on such contiguous property, the  polling  place  designated
for such registrants shall be on such contiguous property or at a nearby
location  recommended  by the college or university and agreed to by the
board of elections.
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.