The New York State Senate

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

                                  5844

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 16, 2017
                               ___________

Introduced by M. of A. WALKER -- read once and referred to the Committee
  on Election Law

AN  ACT  to  amend  the  election law, in relation to mandatory training
  curriculum  for  election  commissioners,  key  staff  of  boards   of
  elections and poll workers

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

  Section 1. The election law is amended by adding a new  section  3-213
to read as follows:
  §  3-213.  BOARDS  OF  ELECTIONS;  MANDATORY  TRAINING  CURRICULUM. 1.
ELECTION COMMISSIONERS AND SUCH OTHER BOARD OF  ELECTIONS  EMPLOYEES  AS
DETERMINED BY THE STATE BOARD OF ELECTIONS SHALL WITHIN SIX MONTHS AFTER
THEIR  FIRST  APPOINTMENT COMPLETE A COURSE OF INSTRUCTION ON THE OPERA-
TION OF A BOARD OF ELECTIONS WHICH SHALL BE PROVIDED BY THE STATE  BOARD
OF  ELECTIONS. THE CURRICULUM SHALL BE ESTABLISHED BY THE STATE BOARD OF
ELECTIONS IN CONSULTATION WITH  ELECTION  COMMISSIONERS  AND  SHALL  NOT
EXCEED THIRTY HOURS OF INSTRUCTION.
  2.  ANNUALLY,  ELECTION  COMMISSIONERS  AND  OTHER  BOARD OF ELECTIONS
EMPLOYEES AS DETERMINED BY THE STATE BOARD OF ELECTIONS, SHALL  COMPLETE
BEFORE JUNE FIRST A CONTINUING COURSE OF INSTRUCTION ON THE OPERATION OF
A  BOARD  OF  ELECTIONS  WHICH  SHALL  BE PROVIDED BY THE STATE BOARD OF
ELECTIONS. THE CURRICULUM SHALL BE ESTABLISHED BY  THE  STATE  BOARD  OF
ELECTIONS  IN CONSULTATION WITH THE ELECTION COMMISSIONERS AND SHALL NOT
EXCEED THREE HOURS OF INSTRUCTION.
  3. THE STATE BOARD OF ELECTIONS SHALL PROVIDE THE TRAINING REQUIRED BY
SUBDIVISION TWO OF THIS SECTION THROUGH, IN ADDITION TO OTHER METHODS IT
MAY CHOOSE, A WEB-BASED RECORDED FORMAT.
  4. UPON THE FAILURE OF A COMMISSIONER OR OTHER  EMPLOYEE  TO  COMPLETE
THE  INSTRUCTION  WITHIN  THE  TIME  REQUIRED BY THIS SECTION, THE STATE
BOARD OF ELECTIONS SHALL SEND A LETTER TO THE COUNTY LEGISLATURE OR CITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06192-01-7

A. 5844                             2

COUNCIL AND THE RESPECTIVE COUNTY PARTY CHAIR OF THE JURISDICTION OF THE
COMMISSIONER STATING THE DELINQUENCY.
  §  2.   Subdivision 1-a of section 3-412 of the election law, as added
by chapter 181 of the laws of 2005, is amended and  three  new  subdivi-
sions 1-b, 1-c and 1-d are added to read as follows:
  1-a.  The  state  board  of elections shall establish a mandatory core
curriculum for poll worker training which includes the  requirements  in
subdivision two of this section, [as amended by a chapter of the laws of
2005,]  and the rights of voters at the polls and obligation of election
workers to protect those rights while maintaining the integrity  of  the
franchise,  including assisting voters with disabilities or with limited
or no proficiency in the  English  language,  handling,  processing  and
entitlement to ballots, including affidavit and emergency ballots, prop-
er  identification  requirements, procedures to be followed with respect
to voters whose names are not on the list of registered voters or  whose
identities  have  not been verified, electioneering and other violations
of the elective franchise as defined in this  chapter,  solicitation  by
individuals  and  groups  at  the  polling  place  and  procedures to be
followed after the polls close. Each board of  elections  shall  augment
the core curriculum with local procedures not inconsistent with the core
curriculum  adopted  by  the state board of elections and which includes
procedures relating to proper operation of, and remedying problems with,
the voting machine or system in use in that jurisdiction.
  1-B. THE STATE BOARD OF ELECTIONS SHALL ESTABLISH AND HOST  AN  EDUCA-
TION  AND TRAINING INSTITUTE WHICH SHALL BE RESPONSIBLE FOR THE DEVELOP-
MENT AND IMPLEMENTATION OF  A  STATEWIDE  PROGRAM  WHEREIN  PERSONS  CAN
BECOME  CERTIFIED POLL WORKER TRAINERS. THIS INSTITUTE SHALL ALSO CREATE
A TRAIN-THE-TRAINER PROGRAM, IN ORDER FOR COUNTY BOARDS OF ELECTIONS  TO
IMPLEMENT  AN EFFECTIVE TRAINING PROGRAM AT THEIR RESPECTIVE LOCAL LEVEL
OF PROGRAM DELIVERY.  THE STATE BOARD'S TRAINERS SHALL  INCLUDE  IN  THE
TRAINER CURRICULUM TO BE DEVELOPED, ATTENTION TO, INTER ALIA, POLL WORK-
ER  ABILITY  TO  SERVE A DIVERSE ELECTORATE WITH COMPLETE CONFIDENCE AND
RESPECT; PROFESSIONALIZING THE DELIVERY OF ALL  ELECTION  DAY  SERVICES;
PROVIDING  ASSISTANCE TO VOTERS WITH DISABILITIES AND THOSE WITH LIMITED
ENGLISH LANGUAGE PROFICIENCY, ENSURING THE DIGNITY AND PRIVACY  OF  SUCH
INDIVIDUALS;  AND  TO  INDIVIDUALS  WHO  ARE MEMBERS OF RACIAL OR ETHNIC
MINORITIES, COMPLETE FAMILIARITY AND COMFORT WITH ALL VOTING SYSTEMS  IN
USE   IN   POLL   SITES,  INCLUDING  BALLOT  MARKING  DEVICES  OR  OTHER
SYSTEMS/SERVICES AVAILABLE TO VOTERS WITH DISABILITIES; AND POLL  WORKER
ABILITY  TO RECOGNIZE AND RESOLVE A VARIETY OF ISSUES WHICH MAY ARISE IN
POLL SITES. THE STATE BOARD'S TRAINERS AND  ALL  CERTIFIED  POLL  WORKER
INSTRUCTORS  SHALL  UTILIZE INDUSTRY-PROVEN TRAINING TECHNIQUES AIMED AT
ADULT LEARNERS  INCLUDING  ROLE-BASED  TRAINING  AND  HANDS-ON  TRAINING
OPPORTUNITIES  USING  OFFICIAL  ELECTION  DAY FORMS AND POLL SITE VOTING
SYSTEMS AND MAY FURTHER INCLUDE  A  WEB-BASED  COMPONENT  AND  COMPANION
VIDEO.
  1-C.  COUNTY BOARDS SHALL ENROLL TRAINERS IN THE PROGRAM IN SUCH QUAN-
TITIES TO ENSURE THAT AN ADEQUATE CONTINGENT OF FULLY TRAINED AND CERTI-
FIED POLL WORKER TRAINERS ARE AVAILABLE TO MEET THE  TRAINING  NEEDS  OF
SUCH  COUNTY.  EACH COUNTY BOARD OF ELECTIONS SHALL ENROLL NOT LESS THAN
TWO PERSONS DESIGNATED BY THE COUNTY BOARD ON A BIPARTISAN BASIS, IN THE
STATE BOARD OF ELECTIONS TRAINING  INSTITUTE.  CERTIFIED  TRAINERS  MUST
MAINTAIN  THEIR  CERTIFICATION  BY  ATTENDING  ONCE  EVERY  TWO YEARS, A
CONTINUING EDUCATION PROGRAM, TO ENSURE THE PROFESSIONALISM OF THE  POLL
WORKER  TRAINING  AGENDA  SET BY THE STATE BOARD OF ELECTIONS. ENROLLEES
WHO HAVE SUCCESSFULLY COMPLETED THE STATE BOARD'S TRAINING  PROGRAM  AND

A. 5844                             3

BEEN  AWARDED A "CERTIFIED POLL WORKER INSTRUCTOR" CERTIFICATE MAY SERVE
AT THE COUNTY BOARD AS A TRAINER OF POLL WORKERS AS WELL AS A TRAINER OF
OTHER BI-PARTISAN DESIGNEES OF THE COUNTY BOARD, HOWEVER THE  CONFERRING
OF  THE TITLE "CERTIFIED POLL WORKER INSTRUCTOR" MAY BE MADE ONLY BY THE
STATE BOARD OF ELECTIONS.
  1-D. THE STATE BOARD OF ELECTIONS SHALL ADOPT  SUCH  RULES  AND  REGU-
LATIONS  WHICH  MAY  BE  NECESSARY  TO CREATE THE TRAINING INSTITUTE AND
ASSOCIATED CURRICULA PROVIDED FOR IN SUBDIVISIONS ONE-A, ONE-B AND ONE-C
OF THIS SECTION, INCLUDING A PROCESS WHEREBY ATTENDEES WHO  SUCCESSFULLY
COMPLETE  A  STATE  BOARD-SPONSORED  TRAINING PROGRAM SHALL BE AWARDED A
CERTIFICATE CONFERRING UPON HIM OR HER, THE  TITLE  OF  "CERTIFIED  POLL
WORKER INSTRUCTOR".
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.