STATE OF NEW YORK ________________________________________________________________________ 4602 2025-2026 Regular Sessions IN SENATE February 10, 2025 ___________ Introduced by Sens. GOUNARDES, CLEARE, COMRIE, FERNANDEZ, SALAZAR, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to providing a remedy for election disruptions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The election law is amended by adding a new section 3-109 2 to read as follows: 3 § 3-109. Disruption; additional time for voting; publicity of remedy. 4 1. (a) Except as provided in subdivision two of this section, in the 5 event that early voting or election day voting at one or more polling 6 places, or for one or more election districts, is delayed or disrupted 7 prior to the close of polls on any day of election for a duration 8 exceeding fifteen consecutive minutes, the board of elections shall 9 toll, adjust, and extend the scheduled timeframe for voting on that day 10 of election to account for and compensate the lost time for voting at 11 all such impacted polling places or election districts. 12 (b) Pursuant to paragraph (a) of this subdivision, in the event that 13 early voting or election day voting at one or more polling places, or 14 for one or more election districts, is delayed or disrupted, such sched- 15 uled timeframe for voting shall be tolled, beginning from the actual 16 time of commencement of the delay or disruption to voting, or, if such 17 actual time cannot be reasonably determined by the board of elections, 18 beginning at the latest from the time a report of such delay or 19 disruption is first electronically transmitted or telephonically commu- 20 nicated to the board of elections. Such tolling shall continue until 21 such time as the delay or disruption to voting has ended and the 22 impacted election districts and polling places have reopened for voting, 23 or the time for the scheduled close of polls on that day of election, 24 whichever occurs first. The scheduled timeframe for voting shall then be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07308-02-5S. 4602 2 1 adjusted, proportionately, for each such polling place or election 2 district, and extended on that day of election, or, if extending the 3 timeframe for voting at such election districts or polling places on 4 that day of election, or in that location, would be administratively 5 impracticable, such additional time for voting shall be scheduled on the 6 next day for voting or a successive day for voting scheduled for the 7 same election, but not later than election day, in the same polling 8 place or, if such polling place is unavailable, at alternative locations 9 that may be designated as polling places pursuant to the provisions of 10 section 4-104 of this chapter and is, to the extent practicable, in 11 close proximity to the delayed or disrupted polling places or election 12 districts, to account for and compensate the lost time at all such 13 impacted polling places or election districts. 14 (c) In any election district or polling place in which a voting 15 machine or voting system was used prior to a delay or disruption, such 16 machine or system shall be used for the additional time for voting 17 unless found to be inoperable, in which case the provisions of section 18 7-120 of this chapter shall apply. Except as directed by the board of 19 elections, the original seal on such machines shall not be removed nor 20 shall the machines be unlocked until the reopening of the polls and the 21 board of elections shall provide additional seals as necessary to be 22 used as soon as the polls are closed on such day. The state board of 23 elections shall promulgate rules and/or regulations to ensure the fair, 24 transparent, and uniform administration of this section. 25 2. (a) By majority vote of the commissioners, the board of elections 26 may determine that the remedy of additional time for voting to account 27 and compensate for the lost time for voting as prescribed by subdivision 28 one of this section would constitute inappropriate or unnecessary relief 29 in light of the particular circumstances of delay or disruption 30 presented at a specific polling place or election district. Such vote 31 shall be taken during a public meeting held for such purpose, shall 32 specify the cause or nature of the delay or disruption, and shall memo- 33 rialize in writing the results of any such vote and the particular 34 considerations relied upon by the board of elections in reaching a 35 determination that a proportionate extension of time to account and 36 compensate for the lost time at such impacted polling places or election 37 districts would constitute inappropriate or unnecessary relief. 38 (b) In the event that the board of elections reaches such determi- 39 nation, such board shall electronically or telephonically inform the 40 bipartisan co-executive directors of the state board of elections and 41 the civil rights bureau of the office of the attorney general regard- 42 ing the circumstances that appear to have caused delay or disruption and 43 an accounting of the polling places or election districts impacted, 44 the respective durations of such delays or disruptions, the results of 45 such vote, the particular circumstances relied upon by the board of 46 elections in reaching a determination that a proportionate extension 47 of time to account and compensate for the lost time at such impacted 48 polling places or election districts would constitute inappropriate or 49 unnecessary relief, any alternative remedial action taken by the 50 board of elections or other individuals or entities, and a description 51 of all related publicity efforts already undertaken or to be undertaken. 52 3. (a) In the event that the scheduled timeframe for early voting or 53 election day voting at one or more polling places, or for one or more 54 election districts, is extended pursuant to subdivision one of this 55 section, the board of elections shall, with the assistance of the state 56 board of elections, and under the coordination of the state board ofS. 4602 3 1 elections if necessary, make use of all reasonable means and channels of 2 communications to publicize, forthwith, the remedial action taken with 3 respect to the polling places and/or election districts impacted, indi- 4 cating in plain language the duration and timeframe of such remedial 5 action, as follows: 6 (i) electronically or telephonically inform the bipartisan co-execu- 7 tive directors of the state board of elections and the civil rights 8 bureau of the office of the attorney general of the circumstances that 9 appear to have caused the delay or disruption at issue, an accounting of 10 the polling places or election districts impacted and the respective 11 durations of such delays or disruptions, the remedial action taken, and 12 a description of all related publicity efforts already undertaken or to 13 be undertaken; 14 (ii) electronically or telephonically inform any candidate or commit- 15 tee with candidates or questions appearing on a ballot to be voted upon 16 in any such polling place or election district impacted, or the desig- 17 nated agent of such candidate or committee of the remedial action taken, 18 and including a description of all related publicity efforts already 19 undertaken or to be undertaken; 20 (iii) electronically or telephonically inform local print and broad- 21 cast news media organizations and local non-partisan civic organizations 22 and community-based groups situated within the municipalities impacted 23 or serving segments of the voting public or communities impacted, 24 including media and civic organizations primarily serving prevalent 25 language-minority communities, and including a description of all 26 related publicity efforts already undertaken or to be undertaken; and 27 (iv) utilize free or paid traditional, website, and social media chan- 28 nels and networks, including official advisory or public notification 29 tools or websites made available by the impacted county or munici- 30 palities, and issue electronic mail or phone or text messages directly 31 to impacted voters who have not already voted and who have provided such 32 personal contact information to the board of elections, to inform the 33 voting public residing in the communities served by the impacted polling 34 places or election districts of the remedial action taken and the 35 remaining opportunities to vote. 36 (b) Pursuant to paragraph (a) of this subdivision, such publicity 37 shall direct attention to any change of the location of impacted polling 38 places or election districts, if applicable, and shall contain such 39 other information as the board of elections shall deem necessary and 40 proper. 41 4. Action by the board of elections to provide additional time for 42 voting pursuant to subdivision one of this section shall be dispositive 43 and conclusive of the issue of whether a delay or disruption has 44 occurred warranting such remedial action, and any ballots cast by eligi- 45 ble voters during the adjusted remedial timeframe for voting shall not 46 be segregated from other ballots cast by eligible voters or subject to 47 challenge or judicial review on the basis that such ballots were cast 48 out of time; provided, however, that this subdivision shall not preju- 49 dice the right of any registered voter eligible to vote at such a 50 delayed or disrupted polling place or election district, or any candi- 51 date or committee with candidates or questions appearing on a ballot to 52 be voted upon in any such polling place or election district, to seek 53 independent judicial relief for an order extending the timeframe for 54 voting pursuant to subdivision one of this section, or for review of an 55 adverse agency decision pursuant to subdivision two of this section, 56 pursuant to state or federal law.S. 4602 4 1 § 2. Subdivision 2 of section 8-100 of the election law, as separately 2 amended by chapter 6 and section 1 of part BBB of chapter 55 of the laws 3 of 2019, is amended to read as follows: 4 2. Polls shall be open for voting during the following hours: a prima- 5 ry election from six o'clock in the morning until nine o'clock in the 6 evening; the general election from six o'clock in the morning until nine 7 o'clock in the evening; a special election called by the governor pursu- 8 ant to the public officers law, and, except as otherwise provided by 9 law, every other election, from six o'clock in the morning until nine 10 o'clock in the evening; early voting hours shall be as provided in title 11 six of this article. Early voting times shall be as provided in section 12 8-600 of this article. In the event of a delay or disruption to voting, 13 the board of elections is authorized to toll, adjust, and extend the 14 timeframe for voting pursuant to section 3-109 of this chapter. 15 § 3. Section 8-102 of the election law is amended by adding a new 16 subdivision 3 to read as follows: 17 3. In the event that early voting or election day voting for one or 18 more election districts or poll sites is delayed or disrupted prior to 19 the close of polls on any day of election for a duration exceeding 20 fifteen consecutive minutes, the polling place coordinator, election 21 district chairperson, or, if such persons are unavailable, any inspector 22 of election, shall immediately notify the board of elections. There 23 shall be a presumption of a violation of subdivision one of section 24 17-212 of this chapter when any person, by commission or omission, 25 intentionally frustrates the purposes of this section. 26 § 4. Paragraph (f) of subdivision 4 of section 8-600 of the election 27 law, as added by chapter 480 of the laws of 2023, is amended to read as 28 follows: 29 (f) If the location of an early voting polling place as designated 30 pursuant to paragraph (e) of this subdivision changes prior to such 31 early voting period, notice shall be provided to all affected eligible 32 voters no later than five days prior to such voting period in accordance 33 with the communication plan established pursuant to subdivision five of 34 this section or as soon as practicable if such location change occurs 35 within five days of the commencement of such early voting period; 36 provided, however, no such location change may occur within forty-eight 37 hours of such commencement unless there is any disaster within the mean- 38 ing of section 3-108 of this chapter or disruption within the meaning of 39 section 3-109 of this chapter or a declared state of emergency by the 40 governor or any court of competent jurisdiction in the county where the 41 polling place is located. 42 § 5. This act shall take effect immediately.