COVID-19 & 2020 Fire District Elections

Recommendations from Joe Frank, your AFDSNY counsel
 

We have received a number of questions from fire districts with regard to the Annual Fire District Election which is scheduled to be held on Tuesday, December 8, 2020. Some have asked whether or not the election has been canceled or postponed as a result of the increasing COVID-19 infection rate. As of this date we have not been advised of a cancellation or postponement. 

 

The election is scheduled to be held and must be held in accordance with law by each fire district.

 

Recommendations for Conducting an election during a pandemic

 

  • The Board of Fire Commissioners should take steps to make certain that election personnel are provided with masks, gloves and other appropriate PPE.
 
  • The election site should be set up for social distancing of voters and an even flow of voters such that they enter, vote and leave the premises. All persons present should be required to wear masks.
 
  • Voters can be required to wear masks. However, it is important to remember that when it comes to excluding a person from voting because of not wearing a mask or exhibiting COVID-19 symptoms, courts will tend to protect the sacred right to vote over some common sense safety precautions.
 
  • People should not be permitted to loiter before and after voting. Election personnel and voters present to vote and leave should be the only people present on the election floor. Although fire districts use firehouses as voting sites, firefighters should be kept away from the voting floor.
 
  • At the conclusion of voting, election personnel should count the votes in a format that is open to the public, but only those of the public wearing masks and socially distanced from each other and election personnel may remain to observe.
 
  • When the count is final and announced to the public, members of the public should be directed to exit the premises in a socially distanced manner.
 
  • Election personnel should complete and sign the canvass or form of report of the election.
 
  • The Secretary must file the signed canvass with the Town Clerk within 72 hours of the close of polls.
 
  • There should be no gatherings before and after the election.