New York A 3816: Relates to additional days of voting as a result of emergencies

Bill Text

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A03816 Summary:

BILL NOA03816 

&nbsp

SAME ASSAME AS S04234

&nbsp

SPONSORSimon

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §3-108, El L

&nbsp

Authorizes additional days of voting as a result of emergencies; includes state of emergency.

Go to top A03816 Actions:

BILL NOA03816 

&nbsp

01/30/2025referred to election law

01/07/2026referred to election law

Go to topA03816 Committee&nbspVotes:

Go to topA03816 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03816 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3816

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. SIMON -- read once and referred to the Committee
 on Election Law

 AN ACT to amend the election law, in relation to additional days of
 voting as a result of emergencies

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "emergency response restoration of the electoral process act".
 3 § 2. Legislative Declaration. The legislature finds there is a need
 4 for an orderly process known in advance to remedy disruptions to the
 5 electoral calendar created by emergency circumstances. Because the elec-
 6 toral machinery in a democracy is so important it must not be disturbed
 7 or delayed lightly. Only the most exigent of circumstances can justify
 8 resorting to the remedies provided by this act.
 9 § 3. Section 3-108 of the election law, subdivision 4 as amended by
 10 chapter 481 of the laws of 2023 and subdivision 5 as added by chapter
 11 394 of the laws of 2008, is amended to read as follows:
 12 § 3-108. Disaster; additional day for voting. 1. A county board of
 13 elections, or the state board of elections with respect to an election
 14 conducted in a district in the jurisdiction of more than one county
 15 board of elections, may determine that, as the direct consequence of a
 16 fire, earthquake, tornado, explosion, power failure, act of sabotage,
 17 enemy attack or other disaster[, less than twenty-five per centum of the
 18 registered voters of any city, town or village, or if the city of New
 19 York, or any county therein, actually voted in any general election] or
 20 state of emergency, the ability of voters to vote has become, or will
 21 imminently become, impossible and such impossibility cannot be mitigated
 22 during the scheduled course of voting. Such a determination by a county
 23 board of elections shall be subject to approval by the state board of
 24 elections. If the state board of elections makes such a determination,
 25 it shall notify the [board] boards of elections having jurisdiction [in

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05391-01-5

 A. 3816 2

 1 that county] over that election that an additional day of election shall
 2 be held, which notice shall show: the nature of the disaster; the coun-
 3 ty, city, town or village affected thereby; the number of persons duly
 4 registered to vote therein at such [general] election; and the number of
 5 persons who voted therein at such [general] election.
 6 2. The county board of elections, or the state board of elections, as
 7 applicable, shall thereafter set a date for an additional day for voting
 8 in the county, city, town or village affected by the statement, which
 9 shall not be more than twenty days after the original date of the
 10 [general] election and shall determine the hours during which the polls
 11 shall remain open on such additional day for voting; provided, however,
 12 that in any event the polls shall remain open for not less than eleven
 13 hours. [The] Each county board of elections having jurisdiction over
 14 such election shall [publish notice thereof not less than twice in each
 15 week preceding the date for the additional day for voting, in] notify
 16 newspapers as designated in this chapter[, and] in the week preceding
 17 the date of the additional day of voting. Such notice shall be provided
 18 to all media outlets and county, town, city and village clerks and
 19 municipal attorneys not less than one week preceding the date of the
 20