Bill Text: NY A08048 | 2023-2024 | General Assembly | Introduced
Bill Title: Allows individuals registered with a non-major political party or registered as independent to serve as election inspectors and poll clerks, so long as such individual makes a declaration of which particular party they intend to work on behalf of.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-03 - referred to election law [A08048 Detail]
Download: New_York-2023-A08048-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8048 2023-2024 Regular Sessions IN ASSEMBLY September 27, 2023 ___________ Introduced by M. of A. LUNSFORD -- read once and referred to the Commit- tee on Election Law AN ACT to amend the election law, in relation to allowing individuals registered with a non-major political party or registered as independ- ent to serve as election inspectors and poll clerks in certain circum- stances The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 3, 7 and 9 of section 3-400 of the election 2 law, subdivision 3 as renumbered by chapter 9 of the laws of 1978, 3 subdivision 7 as amended by chapter 293 of the laws of 2017, and subdi- 4 vision 9 as added by chapter 6 of the laws of 2019, are amended to read 5 as follows: 6 3. (a) Appointments to the offices of election inspector or poll clerk 7 in each election district, shall be equally divided between the major 8 political parties. 9 (b) An individual who is registered with a non-major political party 10 or not registered with any political party may be appointed to the 11 offices of election inspector or poll clerk on behalf of one of the 12 major political parties, so long as such individual declares in a clear 13 and concise manner prior to such appointment which major political party 14 they will be working on behalf of. 15 7. The board of elections may employ election inspectors to work split 16 shifts with adjusted compensation, provided, however, that at least one 17 inspector from each of the two major political parties, or an individual 18 working on behalf of one of the two major political parties pursuant to 19 paragraph (b) of subdivision three of this section, is present at the 20 poll site for the entire time that the polls are open. Each county board 21 of elections shall prescribe the necessary rules and procedures to 22 ensure proper poll site operation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13027-01-3A. 8048 2 1 9. Notwithstanding any inconsistent provisions of this article, 2 election inspectors or poll clerks, if any, at polling places for early 3 voting, shall consist of either board of elections employees who shall 4 be appointed by the commissioners of such board or duly qualified indi- 5 viduals, appointed in the manner set forth in this section. Appoint- 6 ments to the offices of election inspector or poll clerk in each polling 7 place for early voting shall be equally divided between the major poli- 8 tical parties, provided, however, an individual who is registered with a 9 non-major political party or not registered with any political party may 10 be appointed to the offices of election inspector or poll clerk on 11 behalf of one of the major political parties in each polling place for 12 early voting, so long as such individual declares in a clear and concise 13 manner prior to such appointment which major political party they will 14 be working on behalf of. The board of elections shall assign staff and 15 provide resources to ensure a voter's wait time to vote at an early 16 voting site shall not exceed thirty minutes. 17 § 2. Subdivision 1 of section 3-402 of the election law is amended to 18 read as follows: 19 1. Election inspectors, in performing their duties, shall act as a 20 board and a majority vote thereof shall be required to decide all ques- 21 tions. If, however, any inspector or inspectors shall be temporarily 22 absent for a portion of the meeting, including individuals working on 23 behalf of one of the two major political parties pursuant to paragraph 24 (b) of subdivision three of section 3-400 of this title, the inspectors 25 present shall have and may exercise any power or perform any duty 26 conferred or imposed upon a board of inspectors, provided that they are 27 not all members of or representing on behalf of the same political 28 party. 29 § 3. Subdivisions 5 and 7 of section 3-404 of the election law, subdi- 30 vision 5 as amended by chapter 263 of the laws of 1991 and subdivision 7 31 as amended by chapter 234 of the laws of 1976, are amended to read as 32 follows: 33 5. If a political party shall fail to submit a list or the list shall 34 be exhausted, the board of elections shall request from the appropriate 35 political party an original or supplemental list. If after ten days no 36 list is filed by that party, the board of elections may appoint quali- 37 fied persons, [enrolled members of the political party in default] 38 including individuals working on behalf of such political party pursuant 39 to paragraph (b) of subdivision three of section 3-400 of this title, to 40 act as election inspectors, poll clerks or election coordinators. 41 7. Election officers shall be appointed from the lists submitted, by 42 those members of the board who represent the political party which 43 submitted such lists. If such list is not furnished, the members of the 44 board who represent the political party in default, shall designate the 45 persons to be appointed as election officers and may include individuals 46 working on behalf of one of the two major political parties pursuant to 47 paragraph (b) of subdivision three of section 3-400 of this title. 48 § 4. Subdivisions 1 and 4 of section 3-406 of the election law are 49 amended to read as follows: 50 1. Each board of elections shall establish a list of persons duly 51 qualified to serve as election inspectors, which list shall be known as 52 the "Additional Inspector List", in such number of persons as the board 53 shall determine. Such a list shall be equally divided between the major 54 political parties, provided, however, that such list may also include 55 individuals working on behalf of a major political party pursuant to 56 paragraph (b) of subdivision three of section 3-400 of this title.A. 8048 3 1 Appointments under this section shall be made in the manner provided for 2 the appointment of regular election inspectors and for a like term. 3 4. If the board of elections shall determine that a vacancy exists 4 upon any board of inspectors or that any election inspector or poll 5 clerk is absent, and that no qualified voter has been appointed pursuant 6 to this chapter to act in place of such election inspector or poll 7 clerk, or to relieve any qualified voter who has been so appointed, it 8 shall forthwith direct a person appointed pursuant to this section to 9 act in place of the absent election inspector or poll clerk or qualified 10 voter so appointed until such absent election inspector or his appointed 11 successor shall appear; provided, however, that the additional election 12 inspector so appointed shall be a designee of the same political party, 13 or working on behalf of the same political party pursuant to paragraph 14 (b) of subdivision three of section 3-400 of this title as the election 15 inspector in whose place he shall act. The board of elections shall 16 provide suitable identification for every additional election inspector 17 to present to the chairman of the board before entering upon the duties 18 of such office. 19 § 5. Section 3-418 of the election law, the section heading and subdi- 20 vision 4 as amended by chapter 373 of the laws of 1978, is amended to 21 read as follows: 22 § 3-418. Election inspectors and poll clerks; emergency provisions for 23 filling vacancies or absences. 1. If, at the time of a meeting of the 24 inspectors, there shall be a vacancy, or if any inspector shall be 25 absent, the inspector present who is the designee of the same party as 26 the absent inspector shall appoint a qualified voter of the same city or 27 town to act in place of the absent inspector. Such qualified voter 28 appointed may be an individual working on behalf of one of the major 29 political parties pursuant to paragraph (b) of subdivision three of 30 section 3-400 of this title. If, however, any inspectors shall be tempo- 31 rarily absent for a portion of the meeting, the inspectors present, 32 provided that they are not all members of the same political party, 33 shall have and may exercise any power or perform any duty conferred or 34 imposed upon a board of inspectors. 35 2. If at the time of any such meeting two inspectors who are members 36 of the same party shall be absent, or their places shall be vacant, the 37 poll clerk or poll clerks present, if any, of the same party or working 38 on behalf of the same party pursuant to paragraph (b) of subdivision 39 three of section 3-400 of this title shall act as inspectors and shall 40 appoint qualified voters of the same city or town who are members of the 41 same party or working on behalf of the same party pursuant to paragraph 42 (b) of subdivision three of section 3-400 of this title as the absent 43 inspectors, to act in place of such clerks. 44 3. If at the time of any such meeting two inspectors and the poll 45 clerk or clerks, if any, who are members of the same party shall be 46 absent, or their places shall be vacant, the inspector or inspectors 47 present, or in their absence the poll clerk or clerks present, if any, 48 shall appoint qualified voters of the same city or town, who are members 49 of the same party or working on behalf of the same party pursuant to 50 paragraph (b) of subdivision three of section 3-400 of this title as 51 such absent inspectors, to act as such inspectors and clerks, until the 52 inspectors or clerks duly appointed by the original appointing authori- 53 ty, shall appear. 54 4. If at the time of any such meeting, there shall be a vacancy in the 55 office of poll clerk, or if a poll clerk shall be absent, the inspectors 56 who are designees of the same party, or in their absence, any poll clerkA. 8048 4 1 of the same party who is present, shall appoint a qualified voter of the 2 same city or town who is a member of the same party or working on behalf 3 of the same party pursuant to paragraph (b) of subdivision three of 4 section 3-400 of this title, to act in place of the absent poll clerk. 5 5. Every person so appointed or named shall take the oath of office, 6 which shall be administered by any person authorized to administer oaths 7 or by one of the inspectors. 8 § 6. This act shall take effect immediately.
