S T A T E O F N E W Y O R K
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5142
2019-2020 Regular Sessions
I N A S S E M B L Y
February 7, 2019
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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.
LBD05910-01-9
A. 5142 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
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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. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.