Assembly Bill A4467

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4467--A
                                                        Cal. No. 332

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- Multi-Sponsored by -- M. of A. CHRIS-
  TENSEN, COOK, DINOWITZ, FARRELL, GALEF, GOTTFRIED, JOHN, LIFTON, McEN-
  ENY, MILLMAN, PAULIN, WRIGHT -- read once and referred to the  Commit-
  tee  on  Election  Law -- reported from committee, advanced to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order of third reading

AN  ACT to amend the election law, the labor law, and the education law,
  in relation to authorizing persons seventeen years of age to serve  as
  election  inspectors  and  poll clerks and to repeal section 3207-a of
  the education law relating to authorizing the board  of  education  of
  the city of New York to reduce the length of recitation periods

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 6 of section 3-400  of  the  election  law,  as
amended  by chapter 340 of the laws of 1995, is amended and a new subdi-
vision 7 is added to read as follows:
  6. No person shall be certified or act as  an  election  inspector  or
poll  clerk  who  is  not a registered voter (UNLESS SUCH PERSON IS DULY
QUALIFIED UNDER SUBDIVISION SEVEN OF THIS SECTION) and a resident of the
county in which he OR SHE serves, or within the city  of  New  York,  of
such  city,  who holds any elective public office, or who is a candidate
for any public office to be voted for by the voters of the  district  in
which  he  OR SHE is to serve, or the spouse, parent, or child of such a
candidate, or who is not able to speak and read the English language and
write it legibly.
  7.   A PERSON SEVENTEEN YEARS OF AGE  WHO  IS  ENROLLED  IN  A  SCHOOL
DISTRICT  AND  FULFILLING THE REQUIREMENTS OF SECTION THIRTY-TWO HUNDRED
SEVEN-A OF THE EDUCATION LAW SHALL BE ELIGIBLE TO BE APPOINTED  AS,  AND
TO  PERFORM  THE  DUTIES  OF,  AN  ELECTION  INSPECTOR  OR POLL CLERK AS
PROVIDED IN THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08212-03-0
              

A. 4467--A                          2

  S 2. Subdivision 3 of section 132 of  the  labor  law  is  amended  by
adding a new paragraph f to read as follows:
  F.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE EMPLOY-
MENT OF A MINOR SEVENTEEN YEARS OF AGE AS AN ELECTION INSPECTOR OR  POLL
CLERK  PURSUANT  TO  SECTION 3-400 OF THE ELECTION LAW, OR TO REQUIRE AN
EMPLOYMENT CERTIFICATE OR PERMIT THEREFOR.
  S 3. Section 143 of the labor law is amended by adding a new  subdivi-
sion 6 to read as follows:
  6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE EMPLOYMENT OF
A  MINOR  SEVENTEEN  YEARS OF AGE AS AN ELECTION INSPECTOR OR POLL CLERK
PURSUANT TO SECTION 3-400 OF THE ELECTION LAW.
  S 4. Section 2025 of the education law is  amended  by  adding  a  new
subdivision 6 to read as follows:
  6.  A  PERSON  SEVENTEEN  YEARS  OF  AGE  WHO  IS ENROLLED IN A SCHOOL
DISTRICT AND FULFILLING THE REQUIREMENTS OF SECTION  THIRTY-TWO  HUNDRED
SEVEN-A  OF  THIS  CHAPTER  SHALL BE ELIGIBLE TO BE APPOINTED AS, AND TO
PERFORM THE DUTIES OF, AN ELECTION INSPECTOR OR POLL CLERK  AS  PROVIDED
IN THIS PART.
  S 5. Section 2036 of the education law, as added by chapter 801 of the
laws of 1953, is amended to read as follows:
  S 2036. Effect  of  failure  to  appoint  or elect qualified voters as
district meeting or election officials.  The proceedings of no annual or
special school district meeting or election shall be  held  illegal  for
failure  to  appoint  or elect a qualified voter (OR A PERSON SATISFYING
THE REQUIREMENTS OF SUBDIVISION SEVEN OF SECTION 3-400 OF  THE  ELECTION
LAW)  as  an  official  at  such district meeting or election, unless it
shall appear that the acts of such official or officials  were  improper
or that the action of such meeting or election was prejudiced thereby.
  S  6.  Section 2607 of the education law, as amended by chapter 231 of
the laws of 1958, is amended to read as follows:
  S 2607. Inspectors of election; organization.  Not less than ten  days
prior  to  each special or annual election, the board of education shall
appoint for each election district three qualified voters residing ther-
ein to act as inspectors of election in such election district  at  such
election.  The clerk of the board of education shall give written notice
of  appointment  to  the persons so appointed.  If a person appointed an
inspector of election refuses to accept such  appointment  or  fails  to
serve,  the  board  may appoint a qualified voter of the school election
district to fill the vacancy.   Additional inspectors of  elections  for
each  district  may be appointed for one or more of such school election
districts[,] when, in the opinion of the  board,  special  circumstances
exist  requiring  the  services  of  such  additional inspectors.   Such
inspectors shall, before opening the polls in the election district  for
which  they  are  appointed, organize by electing one of their number as
[chairman,] CHAIRPERSON and one as poll clerk.   The  [chairman]  CHAIR-
PERSON  may  also  appoint  one  of  the inspectors as an assistant poll
clerk.  Each inspector shall receive for his OR HER services  a  compen-
sation  to  be  fixed by the board of education, not to exceed the basic
compensation paid to inspectors of election  at  the  preceding  general
elections,  as  fixed  by  the  governing body of the city in which such
school district is wholly or partly located,  to  be  paid  out  of  the
school  funds in the same manner as other claims against the city school
district.  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS  SECTION,  A
PERSON  SEVENTEEN  YEARS OF AGE WHO IS ENROLLED IN A SCHOOL DISTRICT AND
FULFILLING THE REQUIREMENTS OF SECTION  THIRTY-TWO  HUNDRED  SEVEN-A  OF
THIS  CHAPTER  SHALL  BE ELIGIBLE TO BE APPOINTED AS, AND TO PERFORM THE

A. 4467--A                          3

DUTIES OF, AN ELECTION INSPECTOR OR POLL CLERK AS PROVIDED IN THIS ARTI-
CLE.
  S 7. Section 3207-a of the education law is REPEALED and a new section
3207-a is added to read as follows:
  S  3207-A.  SERVICE  OF  PERSONS  SEVENTEEN  YEARS  OF AGE AS ELECTION
INSPECTORS OR POLL CLERKS. A SCHOOL  DISTRICT  MAY  PERMIT  AN  ENROLLED
STUDENT,  WITH  THE CONSENT OF SUCH STUDENT'S PARENT, GUARDIAN, OR OTHER
PERSON IN PARENTAL RELATION, TO SERVE AS AN ELECTION INSPECTOR  OR  POLL
CLERK  PURSUANT TO SECTION 3-400 OF THE ELECTION LAW (AND OTHER APPLICA-
BLE PROVISIONS OF THIS CHAPTER AND THE LABOR LAW). FOR THE  PURPOSES  OF
ATTENDANCE,  ANY  STUDENT SO SERVING WHILE SCHOOL IS IN SESSION SHALL BE
RECORDED AS IN ATTENDANCE.
  S 8. This act shall take effect immediately.