N.Y. Comp. Codes R. & Regs. tit. 9 § 6211.1

Current through Register Vol. 46, No. 43, October 23, 2024

Section 6211.1 - Early Voting Site Designations

(a) Deadline for early voting site designations. By May 1st of each year, the Board of Elections shall designate early voting sites for the general election held in such year. Early voting sites for primaries and special elections shall be designated no later than 30 days before such an election.

(b) Minimum number of early voting sites.

(1) For a general election, the Board of Elections shall designate at least the number of early voting sites required by this Part, based on the number of registered voters in each county, including voters in active and inactive status as of February 21st. For counties with at least five hundred thousand registered voters, there shall be at least one early voting site for every full increment of forty thousand registered voters. For counties with less than five hundred thousand registered voters, there shall be at least one early voting site for every full increment of thirty thousand registered voters, provide, however, any such county shall not be required to designate more than ten early voting sites, as follows:

(i) If the number of voters in the county is less than 59,999, the county must have at least one early voting site.

(ii) If the number of voters in the county is equal to or more than 60,000 and less than or equal to 89,999, the county must have at least two early voting sites.

(iii) If the number of voters in the county is equal to or more than 90,000 and less than or equal to 119,999, the county must have at least three early voting sites.

(iv) If the number of voters in the county is equal to or more than 120,000 and less than or equal to 149,999, the county must have at least four early voting sites.

(v) If the number of voters in the county is equal to or more than 150,000 and less than or equal to 179,999, the county must have at least five early voting sites.

(vi) If the number of voters in the county is equal to or more than 180,000 and less than or equal to 209,999, the county must have at least six early voting sites.

(vii) If the number of voters in the county is equal to or more than 210,000 and less than or equal to 239,999, the county must have at least seven early voting sites.

(viii) If the number of voters in the county is equal to or more than 240,000 and less than or equal to 269,999, the county must have at least eight early voting sites.

(ix) If the number of voters in the county is equal to or more than 270,000 and less than or equal to 299,999, the county must have at least nine early voting sites.

(x) If the number of voters in the county is equal to or more than 300,000 the county must have at least ten early voting sites.

(2) For a primary election or special election, the minimum number of early voting sites shall be based on the number of voters eligible to participate in the election pursuant to paragraph (1) of this subdivision, unless the Board of Elections adopts a resolution determining that a lesser number of early voting sites is sufficient to meet the needs of early voters. Such resolution shall state the basis of such determination and shall specify how the Board of Elections will monitor voter wait times at early voting sites and ensure compliance with section 6210.19(d) of this Title throughout the period of early voting.

(3) The Board of Elections may designate more early voting sites than the minimum number required for the convenience of voters.

(4) All sites must be open for voting for the hours required by Election Law section 8-600, but the Board of Elections may expand the hours the early voting sites are open beyond the statutory minimums.

(c) Standards for early voting site designation.

(1) Adequate and equitable access. Early voting sites shall be located so that voters in each county have adequate and equitable access to early voting, and such sites shall comply with the provisions of the Election Law related to poll sites and accessibility for voters with physical disabilities. A polling place accessibility survey shall be completed, filed and updated for each early voting site as required by Part 6206 of this Title.

(2) The Board of Elections shall consider, in totality, the following factors when designating early voting sites:

(i) population density;

(ii) travel time to the early voting location from the voter's place of residence;

(iii) proximity of an early voting site to other early voting sites;

(iv) whether the early voting site is on or near public transportation routes;

(v) commuter traffic patterns;

(vi) any other factors the Board of Elections deems appropriate.

(3) As determined by the most recent federal census, the city with the largest population in each county or, if there is no city in the county, the municipality with the highest population, or the county seat in Washington County, shall have situated therein at least one early voting site designated pursuant to subdivision (b) of this section, and such site if practicable shall be situated along a public transportation route.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6211.1

Adopted New York State Register April 8, 2020/Volume XLII, Issue 14, eff. 4/8/2020

Amended New York State Register February 15, 2023/Volume XLIV, Issue 07, eff. 2/15/2023