Section 8-104. Polls  


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  • 1. The American flag shall be kept displayed at each
      polling  place  throughout  the  election.  Facsimile   ballots,   voter
      information  posting  and distance markers shall not be taken down, torn
      or defaced during the election. While the polls are open no person shall
      do any electioneering within the polling place, or in any public street,
      within a one hundred foot radial measured from the entrances  designated
      by  the  inspectors  of  election,  to such polling place or within such
      distance in any place in a  public  manner;  and  no  political  banner,
      button,  poster or placard shall be allowed in or upon the polling place
      or within such one hundred foot radial. While  the  polls  are  open  no
      person shall consume any alcoholic beverages within the polling place.
        1-a.  The  election inspectors shall conspicuously post in the polling
      place before the opening of the  polls,  a  voter  information  posting,
      which  shall include: (a) the sample ballot and instructions for the use
      of voting machines required pursuant to section 7-118 of  this  chapter;
      (b)  information regarding the date of the election and the hours during
      which polling places will be open; (c) instructions on how  to  cast  an
      affidavit  ballot  and  a concise statement of a voter's right to such a
      ballot; (d) instructions relating to requirements for voting  on  voting
      machines  by  those registrants who must provide identification pursuant
      to the federal Help America Vote  Act  of  2002;  (e)  instructions  for
      first-time  voters;  (f)  a  voter's  bill  of rights describing voter's
      rights under applicable federal and state law, including  the  right  of
      accessibility  and  alternate  language  accessibility;  (g) information
      pertaining to voting by paper ballot, including  information  about  the
      consequence  of  casting  an  overvote,  steps  to prevent unintentional
      undervoting and spoiled ballots; (h) instructions on how to contact  the
      appropriate  officials  if a voter's right to vote or right to otherwise
      participate in the electoral process has been violated; and (i)  general
      information  on federal and state laws regarding prohibitions on acts of
      fraud  and  misrepresentation.  The  state  board  of  elections   shall
      prescribe  the  form and content of the voter information posting, which
      may be comprised of one or more  pages,  provided  each  page  shall  be
      posted  separately.  The  state  board  of  elections shall prescribe an
      official version of such voter information posting  for  every  language
      which  appears on any general, primary or special election ballot in any
      election district in the state and for  such  other  languages  as  such
      board,  in its opinion, determines is appropriate. Such posting shall be
      used in all jurisdictions, and a  separate  posting  shall  be  made  by
      election  inspectors  for  each language appearing on the ballot and for
      such additional languages as the board of elections may require. A board
      of elections may modify or supplement the voter information posting used
      in  its  jurisdiction  to  provide  additional  or  local   information;
      provided,  however,  any  such  modification or supplementation shall be
      submitted to the state board of elections for prior approval.
        2. The boxes and  all  official  ballots  shall  be  kept  within  the
      guard-rail,  and  at  least  six feet therefrom, from the opening of the
      polls until the annnouncement of the  result  of  the  canvass  and  the
      signing  of the inspectors' returns thereof. No person shall be admitted
      within the guard-rail during such period except the  election  officers,
      authorized  watchers,  persons  admitted  by  the inspectors to preserve
      order or enforce the law, and voters duly admitted for  the  purpose  of
      voting;  provided,  however,  that  candidates  voted for at the polling
      place may be within the guard-rail during the canvass.
        3. The provisions of this chapter concerning the preservation of order
      and apprehension for crime on a day of registration, shall  apply  to  a
      day of election, but a person taken into custody shall not be prohibited
      thereby from voting.
    
        4.  After  a  ballot  box  shall  have been locked for the purposes of
      election, it shall not be opened until it is opened at the close of  the
      polls  for  purposes  of  canvass.  Each  inspector shall be responsible
      personally for the custody of each ballot box and its contents from  the
      time  the  election begins until the box is delivered, according to law,
      to the person entitled to receive it.
        5. Voters entitled to vote who are on line or in the polling place  at
      the  time  fixed by law for the closing of the polls shall be allowed to
      vote.
        6. In the city of New York, during days of primary,  general,  special
      and community school board elections, at each premises wherein a polling
      place  or  places  are  located,  at  least  one police officer or peace
      officer designated by the police commissioner of such city  pursuant  to
      the  provisions  of  article  two of the criminal procedure law shall be
      assigned for duty from the opening  until  the  closing  of  the  polls.
      Additional  police  officers  or  peace  officers  may be assigned as is
      deemed appropriate by the police commissioner of such city.