Section 3-108. Disaster; additional day for voting  


Latest version.
  • 1. A county board of
      elections, or the state board of elections with respect to  an  election
      conducted  in  a  district  in  the jurisdiction of more than one county
      board of elections, may determine that, as the direct consequence  of  a
      fire,  earthquake,  tornado,  explosion, power failure, act of sabotage,
      enemy attack or other disaster, less than twenty-five per centum of  the
      registered  voters  of  any city, town or village, or if the city of New
      York, or any county therein, actually voted  in  any  general  election.
      Such  a determination by a county board of elections shall be subject to
      approval by the  state  board  of  elections.  If  the  state  board  of
      elections  makes  such  a  determination,  it  shall notify the board of
      elections having jurisdiction in that county that an additional  day  of
      election  shall  be  held,  which  notice  shall show: the nature of the
      disaster; the county, city, town or village affected thereby; the number
      of persons duly registered to vote therein at such general election; and
      the number of persons who voted therein at such general election.
        2. The county board of elections shall thereafter set a  date  for  an
      additional  day for voting in the county, city, town or village affected
      by the statement, which shall not be more than  twenty  days  after  the
      original  date  of  the  general  election and shall determine the hours
      during which the polls shall remain open  on  such  additional  day  for
      voting; provided, however, that in any event the polls shall remain open
      for  not  less  than  eleven  hours. The county board of elections shall
      publish notice thereof not less than twice in each  week  preceding  the
      date  for  the additional day for voting, in newspapers as designated in
      this chapter, and shall notify  all  registered  voters  by  mail.  Such
      notice  shall  also direct attention to any change of polling places and
      shall contain such other and additional information as in  the  judgment
      of the board of elections shall be necessary and proper.
        3.  Official  ballots  shall  be  provided  at  public expense at each
      polling place for such additional  day  of  election.  In  any  election
      district  in  which  voting  machines were used upon the original day of
      voting, they shall be used  for  the  additional  day  for  voting.  The
      original  seal  on  such  machines  shall  not  be removed nor shall the
      machines be unlocked until the opening of the polls  on  the  additional
      day  for  voting  and the board of elections shall provide an additional
      seal to be used as soon as the polls are closed on such day.
        4. Only those persons duly registered to vote upon the  original  date
      of  the general election who did not vote on such date shall be entitled
      to vote on the additional day for voting. Voting on the  additional  day
      provided  for in this section shall be accomplished solely by physically
      appearing at the polling place and nothing  contained  in  this  section
      shall  be  construed  to  extend  the  time  set  by  law for casting or
      canvassing  a  military,  absentee  or  special   presidential   ballot;
      provided,  however,  that  nothing  contained  herein shall be deemed to
      invalidate any absentee, military or special  presidential  ballot  duly
      received on the original date of the general election.
        5.  A  county board of elections, or the state board of elections with
      respect to an election conducted  in  a  political  subdivision  in  the
      jurisdiction  of  more than one county board of elections, may determine
      that,  as  the  direct  consequence  of  a  fire,  earthquake,  tornado,
      explosion,  power  failure,  act  of  sabotage,  enemy  attack  or other
      disaster, the ability to make a filing with respect to any provision  of
      this  chapter  was substantially impaired. Upon making such a finding, a
      county board of elections, or the state board of elections shall  extend
      for  a  reasonable  time the period for making such filing. An extension
      pursuant to this subdivision granted by  a  county  board  of  elections
    
      shall be subject to the approval of the state board of elections if such
      extension is longer than one business day.