Bill Text: NY S03416 | 2023-2024 | General Assembly | Introduced

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Bill Title: Removes provisions requiring election inspectors, poll clerks, and election coordinators to be appointed in a bipartisan manner.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S03416 Detail]

Download: New_York-2023-S03416-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3416

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by Sens. MYRIE, GOUNARDES -- read twice and ordered printed,
          and when printed to be committed to the Committee on Elections

        AN ACT to amend the election law, in relation to removing provisions  of
          such  law  requiring  election  inspectors,  poll clerks, and election
          coordinators to be appointed in a bipartisan manner

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 3-400 of the election law, subdivisions 3, 4 and 5
     2  as renumbered by chapter 9 of the laws of 1978, subdivision 6 as amended
     3  and subdivision 8 as renumbered by chapter 133  of  the  laws  of  2011,
     4  subdivision  8 as added by chapter 76 of the laws of 2010, subdivision 7
     5  as amended by chapter 293 of the laws of 2017 and subdivision 9 as added
     6  by chapter 6 of the laws of 2019, is amended to read as follows:
     7    § 3-400. Election inspectors and poll clerks; provision for. 1.  There
     8  shall  be  for each election district of the state four election inspec-
     9  tors.
    10    2. At every general election  in  each  election  district  where  two
    11  voting  machines  are used, there shall be two clerks in addition to the
    12  four inspectors of election, except that in an election district located
    13  in a town, where one voting machine is used, the town board  may  direct
    14  the  board  of  elections  to  appoint  not more than two clerks in such
    15  district if in the discretion of such board the service of such clerk or
    16  clerks is reasonably necessary for the proper conduct of  the  election.
    17  In each election district where paper ballots, in addition to one voting
    18  machine,  are  used  at a general election, there shall be two clerks in
    19  addition to the four inspectors of election. In each  election  district
    20  where  paper  ballots,  in  addition to more than one voting machine are
    21  used at a general election there shall be four clerks in addition to the
    22  four inspectors. The duties of such clerks shall be  such  as  shall  be
    23  prescribed by the board of elections and they shall serve at the general
    24  election  only.  When  deemed  necessary in any election or primary, the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06218-01-3
        S. 3416                             2

     1  board of election may require additional poll clerks to be designated in
     2  any election district.
     3    3. [Appointments to the offices of election inspector or poll clerk in
     4  each election district, shall be equally divided between the major poli-
     5  tical parties.
     6    4.]   To the extent practicable there shall be election inspectors and
     7  poll clerks at each poll site from the two major political  parties  and
     8  non-affiliated  inspectors  and  poll  clerks.  Before entering on their
     9  duties, the election inspectors of each election  district  outside  the
    10  city of New York shall appoint one of their number chairman, to serve as
    11  such  during his term of office. If a majority shall not agree upon such
    12  an appointment, they shall draw lots for that position.
    13    [5. In the city of New York in each odd numbered election  district  a
    14  chairman  shall  be  designated  who  shall be an inspector named by the
    15  political party which polled the highest number of votes for governor at
    16  the last preceding election for such officer and in each  even  numbered
    17  election district a chairman shall be designated who shall be an inspec-
    18  tor  named by the political party which polled the second highest number
    19  of votes for governor at the last preceding election for such officer.
    20    6.] 4. No person shall be certified or act as an election inspector or
    21  poll clerk who is not a registered voter (unless  such  person  is  duly
    22  qualified under subdivision eight of this section) and a resident of the
    23  county  in  which  he  or she serves, or within the city of New York, of
    24  such city, who holds any elective public office, or who is  a  candidate
    25  for  any  public office to be voted for by the voters of the district in
    26  which he or she is to serve, or the spouse, parent, or child of  such  a
    27  candidate, or who is not able to speak and read the English language and
    28  write it legibly.
    29    [7.]  5. The board of elections may employ election inspectors to work
    30  split shifts with adjusted compensation[,  provided,  however,  that  at
    31  least  one  inspector  from  each  of the two major political parties is
    32  present at the poll site for the entire time that the polls  are  open].
    33  Each  county  board of elections shall prescribe the necessary rules and
    34  procedures to ensure proper poll site operation.
    35    [8.] 6. A person seventeen years of age who is enrolled  in  a  school
    36  district  and  fulfilling the requirements of section thirty-two hundred
    37  seven-a of the education law shall be eligible to be appointed  as,  and
    38  to  perform  the  duties  of,  an  election  inspector  or poll clerk as
    39  provided in this chapter.
    40    [9.] 7. Notwithstanding any inconsistent provisions of  this  article,
    41  election  inspectors or poll clerks, if any, at polling places for early
    42  voting, shall consist of either board of elections employees  who  shall
    43  be  appointed by the commissioners of such board or duly qualified indi-
    44  viduals, appointed in the manner set forth in this section.    [Appoint-
    45  ments to the offices of election inspector or poll clerk in each polling
    46  place  for early voting shall be equally divided between the major poli-
    47  tical parties.] The board of elections shall assign  staff  and  provide
    48  resources  to ensure a voter's wait time to vote at an early voting site
    49  shall not exceed thirty minutes.
    50    § 2. Subdivision 2 of section 3-401 of the election law, as  added  by
    51  chapter 90 of the laws of 1991, is amended to read as follows:
    52    2. All election coordinators shall be trained in the manner prescribed
    53  by  this article for election inspectors and poll clerks. Election coor-
    54  dinators shall be appointed by the board of elections. [The  appointment
    55  of  election coordinators shall be equally divided between the two major
    56  political parties.] To the extent practicable there shall  be  coordina-
        S. 3416                             3

     1  tors  at each poll site from the two major political parties and non-af-
     2  filiated coordinators.
     3    §  3. Subdivision 1 of section 3-402 of the election law is amended to
     4  read as follows:
     5    1. Election inspectors, in performing their duties,  shall  act  as  a
     6  board  and a majority vote thereof shall be required to decide all ques-
     7  tions. If, however, any inspector or  inspectors  shall  be  temporarily
     8  absent  for  a portion of the meeting, the inspectors present shall have
     9  and may exercise any power or perform any duty conferred or imposed upon
    10  a board of inspectors[, provided that they are not all  members  of  the
    11  same political party].
    12    §  4.  Subdivisions  2,  5 and 7 of section 3-404 of the election law,
    13  subdivision 5 as amended by chapter 263 of the laws of 1991 and subdivi-
    14  sion 7 as amended by chapter 234 of the laws of  1976,  are  amended  to
    15  read as follows:
    16    2.  Each  political  party  entitled to representation on any board of
    17  elections may, not later than the first day of May in  each  year,  file
    18  with  the  appropriate  board  of elections, an original list of persons
    19  recommended to serve.  Supplemental lists may be filed at the same  time
    20  and  at  any time before the designation is made and certified or when a
    21  vacancy exists. [All designations shall] Designations may be made  first
    22  from  those  named  in  the  original list filed if those designated are
    23  found qualified.
    24    5. If a political party shall fail to submit a list or the list  shall
    25  be  exhausted, the board of elections shall request from the appropriate
    26  political party an original or supplemental list. If after ten  days  no
    27  list  is  filed by that party, the board of elections may appoint quali-
    28  fied persons[, enrolled members of the political party in  default,]  to
    29  act as election inspectors, poll clerks or election coordinators.
    30    7.  Election  officers [shall] may be appointed from the lists submit-
    31  ted, by those members of the board who  represent  the  political  party
    32  which  submitted  such lists. If such list is not furnished, the members
    33  of the board who represent the political party in default, shall  desig-
    34  nate the persons to be appointed as election officers.
    35    §  5.  Subdivisions  1  and 4 of section 3-406 of the election law are
    36  amended to read as follows:
    37    1. Each board of elections shall establish  a  list  of  persons  duly
    38  qualified  to serve as election inspectors, which list shall be known as
    39  the "Additional Inspector List", in such number of persons as the  board
    40  shall determine. [Such a list shall be equally divided between the major
    41  political  parties.] To the extent practicable there shall be additional
    42  inspectors from the  two  major  political  parties  and  non-affiliated
    43  inspectors.  Appointments under this section shall be made in the manner
    44  provided for the appointment of regular election inspectors  and  for  a
    45  like term.
    46    4.  If  the  board  of elections shall determine that a vacancy exists
    47  upon any board of inspectors or that  any  election  inspector  or  poll
    48  clerk is absent, and that no qualified voter has been appointed pursuant
    49  to  this  chapter  to  act  in  place of such election inspector or poll
    50  clerk, or to relieve any qualified voter who has been so  appointed,  it
    51  shall  forthwith  direct  a person appointed pursuant to this section to
    52  act in place of the absent election inspector or poll clerk or qualified
    53  voter so appointed until such absent election inspector or his appointed
    54  successor shall appear[; provided, however, that the additional election
    55  inspector so appointed shall be a designee of the same  political  party
    56  as  the  election  inspector  in whose place he shall act]. The board of
        S. 3416                             4

     1  elections shall provide suitable  identification  for  every  additional
     2  election inspector to present to the chairman of the board before enter-
     3  ing upon the duties of such office.
     4    § 6. Section 3-418 of the election law, the section heading and subdi-
     5  vision  4  as  amended by chapter 373 of the laws of 1978, is amended to
     6  read as follows:
     7    § 3-418. Election inspectors and poll clerks; emergency provisions for
     8  filling vacancies or absences. 1. If, at the time of a  meeting  of  the
     9  inspectors,  there  shall  be  a  vacancy,  or if any inspector shall be
    10  absent, [the] an inspector present [who is  the  designee  of  the  same
    11  party  as  the  absent inspector] shall appoint a qualified voter of the
    12  same city or town to act in place of the absent inspector. If,  however,
    13  any inspectors shall be temporarily absent for a portion of the meeting,
    14  the  inspectors  present[, provided that they are not all members of the
    15  same political party,] shall have and may exercise any power or  perform
    16  any duty conferred or imposed upon a board of inspectors.
    17    2.  If at the time of any such meeting two inspectors [who are members
    18  of the same party] shall be absent, or their places shall be vacant, the
    19  poll clerk or poll clerks present, if any, [of the same party] shall act
    20  as inspectors and shall appoint qualified voters of  the  same  city  or
    21  town  [who  are  members of the same party as the absent inspectors], to
    22  act in place of such clerks.
    23    3. If at the time of any such meeting  two  inspectors  and  the  poll
    24  clerk  or  clerks,  if any, [who are members of the same party] shall be
    25  absent, or their places shall be vacant,  the  inspector  or  inspectors
    26  present,  or  in their absence the poll clerk or clerks present, if any,
    27  shall appoint qualified voters of  the  same  city  or  town[,  who  are
    28  members  of  the  same  party as such absent inspectors,] to act as such
    29  inspectors and clerks, until the inspectors or clerks duly appointed  by
    30  the original appointing authority, shall appear.
    31    4. If at the time of any such meeting, there shall be a vacancy in the
    32  office of poll clerk, or if a poll clerk shall be absent, the inspectors
    33  [who  are  designees  of  the  same party, or in their absence, any poll
    34  clerk of the same party who is present,] shall appoint a qualified voter
    35  of the same city or town [who is a member of the same party,] to act  in
    36  place of the absent poll clerk.
    37    5.  Every  person so appointed or named shall take the oath of office,
    38  which shall be administered by any person authorized to administer oaths
    39  or by one of the inspectors.
    40    § 7. Subdivision 1 of section 8-302 of the election law is amended  to
    41  read as follows:
    42    1.  At  all  elections held pursuant to the provisions of this chapter
    43  two inspectors [representing  different  political  parties]  shall  act
    44  together at all times in supervising the use of the registration records
    45  and  in  verifying  the  rights  of persons to vote on the basis of such
    46  records.
    47    § 8. This act shall take effect immediately.