Petitioner commenced this hybrid CPLR article 78 proceeding and action, individually and on behalf of the Town of Truxton, seeking an order annulling the determination of the Board of Elections (hereinafter BOE) to eliminate the only polling place in the Town of Truxton for the primary election scheduled to be held on June 23, 2020.

Designation of polling places is governed by Election Law § 4-104, which requires that the BOE, in consultation with each city, town, and village, annually designate the polling places in each election district by March 15 (see Election Law § 4-104 [1]). The entire Town of Truxton constitutes one election district. It is undisputed that the Truxton Fire Station has historically been the polling place for the Truxton election district and was again timely designated as the polling place in 2020. A number of subsequent developments resulting from the COVID-19 pandemic posed significant challenges to the BOE for conducting the June primary. In addition to social distancing requirements, the BOE learned in May that the Democratic presidential primary would be held on June 23, which would require an additional voting machine at each polling place.^[FN1] The BOE, which typically has approximately 160-170 poll inspectors available for an election, also learned that, due to concerns about COVID-19, only 75 qualified poll inspectors would be available to work at the June primary.

In response to these concerns, the BOE consolidated a number of election districts for the June primary only, resulting in a reduction of polling places within Cortland County from 25 to 14. As relevant here, the polling place for the Truxton election district was consolidated with the polling place for the election district in the adjoining Town of Cuyler at the Cuyler Fire Station, which is located 4.5 miles, or a five-minute drive, from the Truxton Fire Station. It is undisputed that all registered voters in the Town of Truxton were timely notified of the change in the polling place for the June primary by postcard mailed on May 27, 2020 (see Election Law § 4-104 [2]).

The BOE is empowered to select an alternative polling place when it determines, in its discretion, that the polling place originally designated has become unsuitable or unsafe without consulting with the affected municipality (see Elections Law § 4-104 [1]). However, designation of an alternative polling place that, as here, is outside of an election district "shall be made only after notice to the chairpersons of the county committees of all political parties and reasonable opportunity for them to be heard" (Election Law § 4-104 [8]). It is conceded that the required notice and opportunity to be heard were not provided to such chairpersons.^[FN2] This admitted failure to comply with the procedure mandated by statute is alone sufficient to require annulment of the BOE's determination without allowing for consideration of the merits of that decision. Accordingly, the determination of the BOE to consolidate the polling place for the Truxton election district with the polling place for the Town of Cuyler election district for the June 23, 2020 primary election must be, and hereby is, annulled. The polling place for the Truxton [*2]election district for the June 23, 2020 primary shall be the originally designated polling place, namely, the Truxton Fire Station, or any alternative location that may be hereafter properly designated in accordance with all statutory requirements. The BOE is directed to timely provide notice of such change in the polling place to all registered voters in the Town of Truxton (see Election Law § 4-104 [2]). The remainder of the petition-complaint is dismissed.

This decision constitutes the order and judgment of the court. The filing of this decision, order, and judgment, or transmittal of copies hereof, by the court shall not constitute notice of entry (see CPLR 5513).