Bill Text: NY S07368 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to board of elections poll workers; provides that the board of elections shall, upon appointing an election inspector or poll clerk, assign such person as a representative of one of the two major political parties of the state; provides that the board of elections shall assign an election inspector or poll clerk who is a duly enrolled member of either major political party as a representative of the party in which they are enrolled and if a person is a duly enrolled member of any other political party of the state, or who is not enrolled in any party, the board of elections shall permit such person to elect which of the two major parties they shall represent; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S07368 Detail]

Download: New_York-2023-S07368-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7368

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 22, 2023
                                       ___________

        Introduced  by  Sen.  COONEY -- 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 poll workers

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

     1    Section  1. Subdivisions 3 and 7 of section 3-400 of the election law,
     2  subdivision 3 as renumbered by chapter 9 of the laws of 1978 and  subdi-
     3  vision  7  as amended by chapter 293 of the laws of 2017, are amended to
     4  read as follows:
     5    3. [Appointments to the offices of election inspector or poll clerk in
     6  each election district, shall be equally divided between the major poli-
     7  tical parties.]  The  board  of  elections  shall,  upon  appointing  an
     8  election inspector or poll clerk, assign such person as a representative
     9  of  one  of  the  two major political parties of the state. The board of
    10  elections shall assign an election inspector or poll clerk who is a duly
    11  enrolled member of either major political party as a  representative  of
    12  the party in which they are enrolled. If the board of elections appoints
    13  as  an  election inspector or poll clerk a person who is a duly enrolled
    14  member of any other political party of the state, or who is not enrolled
    15  in any party, the board of elections shall permit such person  to  elect
    16  which of the two major parties they shall represent.
    17    7. The board of elections may employ election inspectors to work split
    18  shifts  with adjusted compensation, provided, however, that at least one
    19  inspector [from] representing each of the two major political parties is
    20  present at the poll site for the entire time that the  polls  are  open.
    21  Each  county  board of elections shall prescribe the necessary rules and
    22  procedures to ensure proper poll site operation.
    23    § 2. Subdivisions 2 and 4 of section 3-401 of  the  election  law,  as
    24  added by chapter 90 of the laws of 1991, are amended to read as follows:
    25    2. All election coordinators shall be trained in the manner prescribed
    26  by  this article for election inspectors and poll clerks. Election coor-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11528-01-3
        S. 7368                             2

     1  dinators shall be appointed by the board of elections. [The  appointment
     2  of  election coordinators shall be equally divided between the two major
     3  political parties.] The board of elections  shall,  upon  appointing  an
     4  election  coordinator,  assign such person as a representative of one of
     5  the two major political parties of the state.  The  board  of  elections
     6  shall  assign  an  election coordinator who is a duly enrolled member of
     7  either major political party as a representative of the party  in  which
     8  they  are  enrolled.  If  the board of elections appoints as an election
     9  coordinator a person who is a duly enrolled member of  any  other  poli-
    10  tical party of the state, or who is not enrolled in any party, the board
    11  of  elections  shall  permit such person to elect which of the two major
    12  parties they shall represent.
    13    4. Any county board of elections appointing election coordinators  and
    14  in the city of New York, the board of elections of the city of New York,
    15  shall  prepare a report detailing assignments and duties to be delegated
    16  to election  coordinators,  including  the  enrollment  status  of  each
    17  appointee  and  the  party  to  which  each  appointee  is  assigned  to
    18  represent.  Said report shall be filed with the state board of elections
    19  no later than one month prior to the election at which election  coordi-
    20  nators are to be assigned.
    21    §  3. Subdivision 1 of section 3-402 of the election law is amended to
    22  read as follows:
    23    1.  Election inspectors, in performing their duties, shall  act  as  a
    24  board  and a majority vote thereof shall be required to decide all ques-
    25  tions. If, however, any inspector or  inspectors  shall  be  temporarily
    26  absent  for  a portion of the meeting, the inspectors present shall have
    27  and may exercise any power or perform any duty conferred or imposed upon
    28  a board  of  inspectors,  provided  that  they  are  not  all  [members]
    29  appointed as representatives of the same political party.
    30    §  4.  Subdivisions  2,  5 and 7 of section 3-404 of the election law,
    31  subdivision 5 as amended by chapter 263 of the laws of 1991 and subdivi-
    32  sion 7 as amended by chapter 234 of the laws of  1976,  are  amended  to
    33  read as follows:
    34    2.  Each  political  party [entitled to representation on any board of
    35  elections] of the state may, not later than the first day of May in each
    36  year, file with the appropriate board of elections, an original list  of
    37  persons  recommended  to serve.   Supplemental lists may be filed at the
    38  same time and at any time before the designation is made  and  certified
    39  or  when  a  vacancy  exists.  All designations shall be made first from
    40  those named in the original list filed if  those  designated  are  found
    41  qualified.
    42    5.  If a political party shall fail to submit a list or the list shall
    43  be exhausted, the board of elections shall request from the  appropriate
    44  political  party  an original or supplemental list. If after ten days no
    45  list is filed by that party, the board of elections may  appoint  quali-
    46  fied  persons[,  enrolled members of the political party in default,] to
    47  act as election inspectors, poll clerks or election coordinators.    The
    48  board  of elections shall assign such persons to represent the interests
    49  of the major political parties in the manner prescribed in section 3-400
    50  or 3-401 of this title.
    51    7. Election officers shall be appointed from the lists  submitted,  by
    52  those  members  of  the  board  who  represent the political party which
    53  submitted such lists. If such list is not furnished, the members of  the
    54  board  who represent the political party in default, shall designate the
    55  persons to be appointed as election officers.  A member of  a  board  of
    56  election  who  represents  a  political party in default may designate a
        S. 7368                             3

     1  member of another political party or an unenrolled person  to  represent
     2  the  defaulting  party's  interests,  provided  that  such appointee has
     3  elected to represent such party pursuant to section 3-400  or  3-401  of
     4  this title.
     5    §  5. Subdivision 1 of section 3-406 of the election law is amended to
     6  read as follows:
     7    1.  Each board of elections shall establish a  list  of  persons  duly
     8  qualified  to serve as election inspectors, which list shall be known as
     9  the "Additional Inspector List", in such number of persons as the  board
    10  shall determine. Such a list shall be equally divided between designated
    11  representatives  of the major political parties. Appointments under this
    12  section shall be made in the manner  provided  for  the  appointment  of
    13  regular election inspectors and for a like term.
    14    §  6. Subdivisions 1, 2, 3 and 4 of section 3-418 of the election law,
    15  subdivision 4 as amended by chapter 373 of the laws of 1978, are amended
    16  to read as follows:
    17    1. If, at the time of a meeting of the inspectors, there  shall  be  a
    18  vacancy,  or if any inspector shall be absent, the inspector present who
    19  is [the designee] a designated representative of the same party  as  the
    20  absent  inspector  shall  appoint  a qualified voter of the same city or
    21  town to act in place of the absent inspector. If, however,  any  inspec-
    22  tors  shall  be  temporarily  absent  for  a portion of the meeting, the
    23  inspectors present, provided that they are not all [members]  designated
    24  representatives of the same political party, shall have and may exercise
    25  any  power  or  perform  any  duty  conferred or imposed upon a board of
    26  inspectors.
    27    2. If at the time of any such meeting two inspectors who are [members]
    28  designated representatives of the same party shall be absent,  or  their
    29  places  shall  be vacant, the poll clerk or poll clerks present, if any,
    30  [of] designated to represent the same party shall act as inspectors  and
    31  shall  appoint qualified voters of the same city or town who are members
    32  of the same party [as] to which the absent inspectors were appointed  to
    33  represent, 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] representatives of  the  same
    36  party shall be absent, or their places shall be vacant, the inspector or
    37  inspectors  present,  or in their absence the poll clerk or clerks pres-
    38  ent, if any, shall appoint qualified voters of the same  city  or  town,
    39  who  are  members of the same party [as] to which such absent inspectors
    40  were appointed to represent, to act as such inspectors and clerks, until
    41  the inspectors or clerks  duly  appointed  by  the  original  appointing
    42  authority, shall appear.
    43    4. If at the time of any such meeting, there shall be a vacancy in the
    44  office of poll clerk, or if a poll clerk shall be absent, the inspectors
    45  who  are  [designees]  representatives  of  the  same party, or in their
    46  absence, any poll clerk [of] appointed to represent the same  party  who
    47  is present, shall appoint a qualified voter of the same city or town who
    48  is a member of the same party, to act in place of the absent poll clerk.
    49    §  7.  This  act shall take effect on the thirtieth day after it shall
    50  have become a law.