Bill Text: NY S03972 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the appointment of election inspectors and poll clerks; provides that each board of elections submit a report detailing assignments of election inspectors and poll clerks; provides that each board of elections be required to fill vacancies by appointing individuals that appear on the additional inspector list.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ELECTIONS [S03972 Detail]

Download: New_York-2013-S03972-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3972
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     March 1, 2013
                                      ___________
       Introduced  by  Sen. KRUEGER -- 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  the  appointment  of
         election inspectors and poll clerks
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 3-401  of  the  election  law,  as
    2  added by chapter 90 of the laws of 1991, is amended to read as follows:
    3    4.  Any county board of elections appointing election coordinators and
    4  in the city of New York, the board of elections of the city of New York,
    5  shall prepare a report detailing assignments and duties to be  delegated
    6  to  election  coordinators.    ANY  COUNTY BOARD OF ELECTIONS APPOINTING
    7  ELECTION COORDINATORS AND  IN  THE  CITY  OF  NEW  YORK,  THE  BOARD  OF
    8  ELECTIONS  OF  THE  CITY  OF  NEW YORK, SHALL PREPARE A REPORT DETAILING
    9  ASSIGNMENTS OF ELECTION INSPECTORS AND POLL CLERKS,  AND  SHALL  SPECIF-
   10  ICALLY  ENUMERATE  THE  POLL SITES FOR WHICH ELECTION INSPECTORS OR POLL
   11  CLERKS HAVE NOT YET BEEN ASSIGNED, DETAILING THE EFFORTS MADE TO DATE TO
   12  FILL THOSE ASSIGNMENTS. Said [report] REPORTS shall be  filed  with  the
   13  state  board  of elections no later than one month prior to the election
   14  at which election coordinators, ELECTION INSPECTORS AND POLL CLERKS  are
   15  to be assigned.
   16    S  2. Subdivision 1 of section 3-406 of the election law is amended to
   17  read as follows:
   18    1. Each board of elections shall establish  a  list  of  persons  duly
   19  qualified  to serve as election inspectors, which list shall be known as
   20  the "Additional Inspector List", in such number of persons as the  board
   21  shall  determine. Such a list shall be equally divided between the major
   22  political parties. Appointments under this section shall be made in  the
   23  manner  provided  for the appointment of regular election inspectors and
   24  for a like term.  EACH BOARD OF ELECTIONS SHALL BE REQUIRED  TO  APPOINT
   25  ELECTION  INSPECTORS,  POLL  CLERKS  AND  ELECTION COORDINATORS FROM THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07748-01-3
       S. 3972                             2
    1  ADDITIONAL INSPECTOR LIST FOR EACH VACANCY LISTED ON THE REPORT PROVIDED
    2  TO THE STATE BOARD OF ELECTIONS PURSUANT TO SUBDIVISION FOUR OF  SECTION
    3  3-401  OF  THIS TITLE NO LATER THAN TWENTY DAYS PRIOR TO THE ELECTION AT
    4  WHICH  ELECTION COORDINATORS, ELECTION INSPECTORS AND POLL CLERKS ARE TO
    5  BE ASSIGNED.
    6    S 3. Section 3-418 of the election law, the section heading and subdi-
    7  vision 4 as amended by chapter 373 of the laws of 1978,  is  amended  to
    8  read as follows:
    9    S 3-418. Election inspectors and poll clerks; emergency provisions for
   10  filling  vacancies  or  absences. 1. If, at the time of a meeting of the
   11  inspectors, there shall be a vacancy,  or  if  any  inspector  shall  be
   12  absent,  the  inspector present who is the designee of the same party as
   13  the absent inspector shall appoint A QUALIFIED INSPECTOR FROM THE  ADDI-
   14  TIONAL  INSPECTOR  LIST  ESTABLISHED  PURSUANT  TO SECTION 3-406 OF THIS
   15  TITLE UNTIL SUCH ADDITIONAL INSPECTOR LIST IS EXHAUSTED. ONCE THE  ADDI-
   16  TIONAL  INSPECTOR  LIST  IS  EXHAUSTED, THE INSPECTOR PRESENT WHO IS THE
   17  DESIGNEE OF THE SAME PARTY AS THE ABSENT INSPECTOR SHALL APPOINT a qual-
   18  ified voter of the same city or town to  act  in  place  of  the  absent
   19  inspector. If, however, any inspectors shall be temporarily absent for a
   20  portion  of  the meeting, the inspectors present, provided that they are
   21  not all members of the same political party, shall have and may exercise
   22  any power or perform any duty conferred  or  imposed  upon  a  board  of
   23  inspectors.
   24    2.  If  at the time of any such meeting two inspectors who are members
   25  of the same party shall be absent, or their places shall be vacant,  the
   26  poll  clerk  or poll clerks present, if any, of the same party shall act
   27  as inspectors and shall appoint QUALIFIED INSPECTORS FROM THE ADDITIONAL
   28  INSPECTOR LIST ESTABLISHED PURSUANT TO SECTION 3-406 OF THIS TITLE UNTIL
   29  SUCH SUPPLEMENTAL LIST IS EXHAUSTED. ONCE THE ADDITIONAL INSPECTOR  LIST
   30  IS EXHAUSTED, THE POLL CLERK OR POLL CLERKS PRESENT, IF ANY, OF THE SAME
   31  PARTY AS THE ABSENT INSPECTORS SHALL ACT AS INSPECTORS AND SHALL APPOINT
   32  qualified  voters  of  the same city or town who are members of the same
   33  party as the absent inspectors, to act in place of such clerks.
   34    3. If at the time of any such meeting  two  inspectors  and  the  poll
   35  clerk  or  clerks,  if  any,  who are members of the same party shall be
   36  absent, or their places shall be vacant,  the  inspector  or  inspectors
   37  present,  or  in their absence the poll clerk or clerks present, if any,
   38  shall appoint QUALIFIED INSPECTORS OR POLL CLERKS  FROM  THE  ADDITIONAL
   39  INSPECTOR LIST ESTABLISHED PURSUANT TO SECTION 3-406 OF THIS TITLE UNTIL
   40  SUCH ADDITIONAL INSPECTOR LIST IS EXHAUSTED. ONCE THE ADDITIONAL INSPEC-
   41  TOR  LIST IS EXHAUSTED, THE INSPECTOR OR INSPECTORS PRESENT, OR IN THEIR
   42  ABSENCE THE POLL CLERK OR CLERKS PRESENT, IF ANY, SHALL  APPOINT  quali-
   43  fied  voters of the same city or town, who are members of the same party
   44  as such absent inspectors, to act as such inspectors and  clerks,  until
   45  the  inspectors  or  clerks  duly  appointed  by the original appointing
   46  authority, shall appear.
   47    4. If at the time of any such meeting, there shall be a vacancy in the
   48  office of poll clerk, or if a poll clerk shall be absent, the inspectors
   49  who are designees of the same party, or in their absence, any poll clerk
   50  of the same party who is present, shall appoint  QUALIFIED  POLL  CLERKS
   51  FROM THE ADDITIONAL INSPECTOR LIST ESTABLISHED PURSUANT TO SECTION 3-406
   52  OF  THIS  TITLE  UNTIL SUCH ADDITIONAL INSPECTOR LIST IS EXHAUSTED. ONCE
   53  THE ADDITIONAL INSPECTOR LIST IS EXHAUSTED, THE INSPECTOR OR  INSPECTORS
   54  PRESENT,  OR  IN THEIR ABSENCE THE POLL CLERK OR CLERKS PRESENT, IF ANY,
   55  SHALL APPOINT a qualified voter of the same city or town who is a member
   56  of the same party, to act in place of the absent poll clerk.
       S. 3972                             3
    1    5. Every person so appointed or named shall take the oath  of  office,
    2  which shall be administered by any person authorized to administer oaths
    3  or by one of the inspectors.
    4    S 4. This act shall take effect immediately.