Bill Text: NY A06341 | 2021-2022 | General Assembly | Introduced

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Bill Title: Restricts electioneering activities within six hundred feet of a polling place or the entire property where a polling place is located.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-05-10 - held for consideration in election law [A06341 Detail]

Download: New_York-2021-A06341-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6341

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 16, 2021
                                       ___________

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

        AN  ACT  to  amend the election law, in relation to restricting electio-
          neering activities near polling places

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

     1    Section  1.  Subdivision  1  of  section 8-104 of the election law, as
     2  amended by chapter 232 of the laws  of  2020,  is  amended  to  read  as
     3  follows:
     4    1.  The  American  flag  shall be kept displayed at each polling place
     5  throughout the election. Facsimile ballots,  voter  information  posting
     6  and distance markers shall not be taken down, torn or defaced during the
     7  election.  [While the polls are open no person shall do any electioneer-
     8  ing within the polling place, or in any  public  street,  within  a  one
     9  hundred  foot  radial  measured  from  the  entrances  designated by the
    10  inspectors of election, to such polling place or within such distance in
    11  any place in a public manner; and no political banner, button, poster or
    12  placard shall be allowed in or upon the polling place or within such one
    13  hundred foot radial.] While the polls are open no person  shall  consume
    14  any  alcoholic  beverages within the polling place.  While the polls are
    15  open no person shall make any change, alteration or modification to  any
    16  entrance  to  or  exit from the polling place unless such change, alter-
    17  ation or modification allows for increased access for persons with disa-
    18  bilities or is necessary to maintain public safety due to the occurrence
    19  of an emergency. Any such change, alteration or  modification  shall  be
    20  clearly  marked  on  signage  placed  adjacent to the former entrance or
    21  exit.
    22    § 2. Subdivision 2 of section 8-104 of the election law is  renumbered
    23  subdivision 2-a and a new subdivision 2 is added to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10324-01-1
        A. 6341                             2

     1    2.  (a)  While  the polls are open, no political banner, sign, button,
     2  poster or placard shall be allowed and no person shall do  any  electio-
     3  neering within the polling place or within either:
     4    (i) one six hundred foot radial measured from the entrances designated
     5  by the inspectors of election, including public streets, to such polling
     6  place; or
     7    (ii)  the entire property in which the polling place is located.
     8    (b)  If a polling location is in a building with multiple stories, the
     9  electioneering distance restriction shall not apply to floors  above  or
    10  below  the  polling  site which are not visible to voters who are in the
    11  process of entering or exiting the actual  polling  location  but  shall
    12  apply to stairwells which voters need to access such polling location.
    13    (c) Selection as to which measurement will be used to restrict electi-
    14  oneering  at  or  near  a  polling  place  shall be made by the board of
    15  elections no later than twenty-four hours prior  to  the  first  day  of
    16  voting  at  the polling location.  The board of elections shall announce
    17  the  determination  of  electioneering  ban  on  each  polling  location
    18  throughout  the  county on their website no later than twenty-four hours
    19  prior to the first day of voting at the polling location.
    20    § 3. This act shall take effect immediately.