Polling Place Accessibility Surveys
NY-ADR
5/28/14 N.Y. St. Reg. SBE-06-14-00001-A
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 21
May 28, 2014
RULE MAKING ACTIVITIES
STATE BOARD OF ELECTIONS
NOTICE OF ADOPTION
I.D No. SBE-06-14-00001-A
Filing No. 389
Filing Date. May. 08, 2014
Effective Date. May. 28, 2014
Polling Place Accessibility Surveys
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Repeal of Part 6206; and addition of new Part 6206 to Title 9 NYCRR.
Statutory authority:
Election Law, sections 3-102, 4-104(1), (1-a), (1-b), (1-c), (6) and (6-a)
Subject:
Polling Place Accessibility Surveys.
Purpose:
Designate date by which local boards of elections must transmit polling sites accessibility surveys to State Board of Elections.
Text of final rule:
POLLING PLACE ACCESSIBILITY SURVEYS
Section 6206.1 Accessibility survey to be conducted.
The local board of elections shall cause an accessibility survey to be conducted for every polling site designated pursuant to subdivision 1 of Section 4-104 of the Election Law to verify substantial compliance with the accessibility standards cited in subdivision 1-a of Section 4-104 of the Election Law. The transmittal of each survey shall be in a format and manner prescribed by the state board of elections.
Section 6206.2 Compliance date.
Not later than 5 days after the designation of polling places pursuant to subdivision 1 of Section 4-104 of the Election Law, each local board of elections shall transmit to the state board of elections, in a format and manner prescribed by the state board of elections, a list of all polling places designated by the local board of elections and all accompanying accessibility surveys required by Part 6206.1 of this title. For any polling place which has been moved, a new accessibility survey shall be transmitted to the state board of elections for the new site within 5 days of its designation as a polling place. For those polling places to which changes or improvements have been made after the designation pursuant to subdivision 1 of section 4-104 of the Election Law, a new accessibility survey shall be conducted before the polling place can be used for any election and such accessibility survey shall be transmitted to the state board of elections within 5 days of its completion.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 6206.2.
Text of rule and any required statements and analyses may be obtained from:
Paul M. Collins, Esq. Deputy Special Counsel, State Board of Elections, 40 N. Pearl St-STE 5, Albany, NY 12207-2729, (518) 474-6367, email: [email protected]
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
The revisions to the Rule as Proposed and as Adopted are non-substantive and are clarifying in nature. Thus a revised RIS, RAFA, RFA or JIS is not required.
Assessment of Public Comment
The State Board of Elections received over only one comment, a joint letter from the Chairs of the Assembly Standing Committee on Election Law and Administrative Regulations Review Commission. That comment dealt with a need to clarify, in a non-substantial manner, the time frame within which to submit a revised polling place survey after a proposed polling place has been the subject of physical modifications.
AREAS IN WHICH COMMENTS RESULTED IN NON-SUBSTANTIAL REVSIONS TO REGULATIONS:
Clarification of the date upon which a revised poll site survey is to be submitted after modifications to a previously designated poll site have been made: within 5 days of the completion of such modifications.
COMMENTS WHICH DID NOT GO TO SUBSTANCE OF PROPOSED REGULATIONS
• See comments of Chairs of the Assembly Standing Committee on Election Law and Administrative Regulations Review Commission summarized above.
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