NY State Senate Bill S5800B

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2022	referred to ways and means delivered to assembly passed senate
Mar 02, 2022	advanced to third reading
Mar 01, 2022	2nd report cal.
Feb 28, 2022	1st report cal.563
Feb 15, 2022	print number 5800b
Feb 15, 2022	amend and recommit to elections
Jan 06, 2022	print number 5800a
Jan 06, 2022	amend (t) and recommit to elections
Jan 05, 2022	referred to elections returned to senate died in assembly
May 24, 2021	referred to election law delivered to assembly passed senate
May 19, 2021	advanced to third reading
May 12, 2021	2nd report cal.
May 11, 2021	1st report cal.1056
Mar 18, 2021	referred to elections

Votes

view votes

May 17, 2022 - floor Vote

S5800B

floor

Aye

Nay

Absent

Excused

Abstained

Feb 28, 2022 - Elections committee Vote

S5800B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Elections committee vote details

Elections Committee Vote: Feb 28, 2022

aye (5)

nay (1)

Ritchie

aye wr (1)

Rath III

May 24, 2021 - floor Vote

S5800

floor

Aye

Nay

Absent

Excused

Abstained

May 10, 2021 - Elections committee Vote

S5800

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: May 10, 2021

aye (5)

nay (1)

Ritchie

aye wr (1)

Rath III

Bill Amendments

Original

B (Active)

Original

B (Active)

S5800 - Details

See Assembly Version of this Bill:: A4323
Law Section:: Election Law
Laws Affected:: Amd §3-412, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10407
2017-2018: S4370, A5844
2019-2020: S2800, A5142
2023-2024: S587, A268

S5800 - Summary

Relates to mandatory training curriculum for poll workers; requires the state board of elections to develop and provide to each county materials for a model poll worker training program which the counties may use to train individuals to serve as poll workers in state and county elections.

S5800 - Sponsor Memo

 
BILL NUMBER: S5800

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this act is to ensure proper training for board of
elections personnel.

 
SUMMARY OF PROVISIONS:

Section 1 amends the election law by adding a new section 3-213 to
require election commissioners and board of elections employees to
complete mandatory training within six months of appointment, and
continuing education annually, with the curriculum to be established by
the state board of elections, with training available via a web-based

format among other methods.

Section 2 amends subdivision 1-a and adds new subdivisions 1-b, 1-c and
1-d to section 3-412 of the election law to require the state board of
elections to establish a training institute to develop curriculum for
.certified poll worker training and train-the-trainer programs. The
curriculum shall include curriculum relating to a diverse electorate,
professional delivery of services, providing assistance to voters with
disabilities and limited English proficiency, use of all voting systems
and shall utilize industry proven training techniques. County boards
shall enroll at least two trainers in the program to become and maintain
certified poll worker instructor status such that there are adequate
trainers to meet the needs of the county.

Section 3 is the effective date.

 
JUSTIFICATION:

Recent events during the presidential primary demonstrate the need for
the training of personnel and poll workers to improve election day oper-
ations and to foster a positive experience for voters. In the interest
of protecting our citizens' right to vote, it is necessary that the
county board of elections commissioners and other board of elections
employees complete a course of instruction on the operation of a board
of elections within six months of appointment, as well as an annual
refresher course completed before June first of each year for no more
than three hours.

In addition, in order to ensure that poll workers receive adequate
training such that they provide all voters with a positive experience at
the polls, the state board shall establish a training institute with
core curriculum to enable persons to become certified poll worker train-
ers.

Under this program, county boards would be able to certify their own
personnel to train their local poll workers. This program will provide a
benefit to voters by ensuring that there is a standard curriculum to
train poll workers on issues including elections day operations, voting
systems, diversity, and voter's with disabilities, in order to ease
election day delays and foster a positive voting experience. This
program will also benefit county boards of election by providing curric-
ulum and certification for training of their poll workers.

These training programs will facilitate smooth operations within boards
of elections and promote an environment where voter participation is
encouraged.

 
LEGISLATIVE HISTORY:

S4370 COMRIE Same as A5844 Walker

 
FISCAL IMPLICATIONS:

Cost to implement the training program and develop curriculum at the
state board of elections.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become a law, provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective day are authorized
and directed to be made and completed on or before such effective date.

S5800 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5800
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  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.
                                                            LBD07966-01-1

 S. 5800                             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

 S. 5800                             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.  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.

S5800A - Details

See Assembly Version of this Bill:: A4323
Law Section:: Election Law
Laws Affected:: Amd §3-412, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10407
2017-2018: S4370, A5844
2019-2020: S2800, A5142
2023-2024: S587, A268

S5800A - Summary

S5800A - Sponsor Memo

 
BILL NUMBER: S5800A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to mandatory training
curriculum for poll workers

 
PURPOSE:

The purpose of this act is to ensure proper training for poll workers.

 
SUMMARY OF PROVISIONS:

This legislation principally amends subdivision 1-a and adds new subdi-
visions 1-b, 1-c and 1-d to section 3-412 of the election law to require
the state board of elections to establish a training institute to devel-
op curriculum for certified poll worker training and train-the-trainer
programs. The curriculum shall include curriculum relating to a diverse
electorate, professional delivery of services, providing assistance to
voters with disabilities and limited English proficiency, use of all
voting systems and shall utilize industry proven training techniques.

County boards shall enroll at least two trainers in the program to
become and maintain certified poll worker instructor status such that
there are adequate trainers to meet the needs of the county.

 
JUSTIFICATION:

Recent events during the presidential primary demonstrate the need for
the training of personnel and poll workers to improve election day oper-
ations and to foster a positive experience for voters. In the interest
of protecting our citizens' right to vote, it is necessary that poll
workers receive adequate training such that they provide all voters with
a positive experience at the polls, the state board shall establish a
training institute with core curriculum to enable persons to become
certified poll worker trainers.

Under this program, county boards would be able to certify their own
personnel to train their local poll workers. This program will provide a
benefit to voters by ensuring that there is a standard curriculum to
train poll workers on issues including elections day operations, voting
systems, diversity, and voter's with disabilities, in order to ease
election day delays and foster a positive voting experience. This
program will also benefit county boards of election by providing curric-
ulum and certification for training of their poll workers.

These training programs will facilitate smooth operations within boards
of elections and promote an environment where voter participation is
encouraged.

 
LEGISLATIVE HISTORY:

Passed Senate, 2021.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become a law, provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective day are authorized
and directed to be made and completed on or before such effective date.

S5800A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5800--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections  --  recommitted
   to the Committee on Elections in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the election law,  in  relation  to  mandatory  training
   curriculum for poll workers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  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
 subdivisions 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07966-05-1
 S. 5800--A                          2

 
   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
 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".
   § 2. 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.

Co-Sponsors

S5800B (ACTIVE) - Details

See Assembly Version of this Bill:: A4323
Law Section:: Election Law
Laws Affected:: Amd §3-412, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10407
2017-2018: S4370, A5844
2019-2020: S2800, A5142
2023-2024: S587, A268

S5800B (ACTIVE) - Summary

S5800B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5800B

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to mandatory training
curriculum for poll workers

 
PURPOSE:

The purpose of this act is to ensure proper training for poll workers.

 
SUMMARY OF PROVISIONS:

This legislation principally amends subdivision 1-a and adds new subdi-
visions 1-b, 1-c and 1-d to section 3-412 of the election law to require
the state board of elections to establish a training institute to devel-
op curriculum for certified poll worker training and train-the-trainer
programs. The curriculum shall include curriculum relating to a diverse
electorate, professional delivery of services, providing assistance to
voters with disabilities and limited English proficiency, 115C of all
voting systems and shall utilize industry proven training techniques

County boards shall enroll at least two trainers in the program to
become and maintain certified poll worker instructor status such that
there are adequate trainers to meet the needs of the county.

 
JUSTIFICATION:

Recent events during the presidential primary demonstrate the need for
training of personnel and poll workers to improve election day oper-
ations and to foster a positive experience for voters. In the interest
of protecting cur citizens' right to vote, it is necessary that poll
workers receive adequate training such that they provide all voters with
a positive experience at the polls, the state hoard shall establish a
training institute with core curriculum to enable persons to become
certified poll worker trainers.

Under this program, county boards would be able to certify their own
personnel to train their local poll workers. This program will provide a
benefit to voters by ensuring that there is a standard curriculum to
train poll workers on issues including elections day operations, voting
systems, diversity, and voter's with disabilities, in order to ease
election day delays and foster a positive voting experience. This
program will also benefit county boards of election by providing curric-
ulum and certification for training of their poll workers.

These training programs will facilitate smooth operations within boards
of elections and promote an environment where voter participation is
encouraged.

 
LEGISLATIVE HISTORY:

Passed Senate, 2021.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become a law, provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective day are authorized
and directed to be made and completed on or before such effective date.

S5800B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5800--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections  --  recommitted
   to the Committee on Elections in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted  to  said  committee  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the election law,  in  relation  to  mandatory  training
   curriculum for poll workers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 1-a and 2 of section 3-412 of the  election
 law, subdivision 1 as amended by chapter 310 of the laws of 2021, subdi-
 vision 1-a as added by chapter 181 of the laws of 2005 and subdivision 2
 as amended by chapter 180 of the laws of 2005, are amended and three new
 subdivisions 1-b, 1-c and 1-d are added to read as follows:
   1.  Each board of elections shall, at least once every year, conduct a
 mandatory school for the instruction of election inspectors, poll clerks
 and election coordinators. Such instruction may be given  in  person  or
 online  AT  VARIOUS  TIMES  THROUGHOUT  THE  YEAR,  provided that online
 instruction shall be offered over a two week period  that  includes  the
 date  for in-person instruction.  SUCH TRAINING SHALL BE OFFERED NO LESS
 FREQUENTLY THAN ON A QUARTERLY BASIS. Certain online participants may be
 required to supplement online  instruction  with  in-person  instruction
 that  includes  the  use  of  voting machines or other matters requiring
 specialized training. Written notice  shall  be  given  to  participants
 stating  the time and place at which such in-person instruction shall be
 held, the option to obtain instruction online with direction on  how  to
 access  the  online  option,  and identifying the participants that must
 attend in-person instruction in addition to online instruction.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07966-08-2
 S. 5800--B                          2

 
   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
 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.
 S. 5800--B                          3
 
   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".
   2. Election inspectors, poll clerks and election coordinators shall be
 instructed  concerning,  BUT  NOT  LIMITED TO, THE FOLLOWING TOPICS: the
 election law AND ANY RELEVANT STATUTORY UPDATES, the taking of registra-
 tions, the use of voting machines, disability etiquette,  AFFIDAVIT  AND
 EMERGENCY  VOTING  PROCESSES,  USE  OF  ELECTRONIC POLL BOOKS, PROVIDING
 ASSISTANCE TO VOTERS WITH LIMITED ENGLISH LANGUAGE PROFICIENCY and their
 duties in connection therewith as soon as possible  after  their  desig-
 nation.
   § 2. 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.

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The New York State Senate

senate Bill S5800B

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Archive: Last Bill Status - Passed Senate

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Votes

May 17, 2022 - floor Vote

Floor Vote: May 17, 2022

Feb 28, 2022 - Elections committee Vote

Elections Committee Vote: Feb 28, 2022

May 24, 2021 - floor Vote

Floor Vote: May 24, 2021

May 10, 2021 - Elections committee Vote

Committee Vote: May 10, 2021

Bill Amendments

S5800 - Details

S5800 - Summary

S5800 - Sponsor Memo

S5800 - Bill Text download pdf

S5800A - Details

S5800A - Summary

S5800A - Sponsor Memo

S5800A - Bill Text download pdf

Co-Sponsors

S5800B (ACTIVE) - Details

S5800B (ACTIVE) - Summary

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S5800B (ACTIVE) - Bill Text download pdf

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senate Bill S5800B

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 17, 2022 - floor Vote

Floor Vote: May 17, 2022

Feb 28, 2022 - Elections committee Vote

Elections Committee Vote: Feb 28, 2022

May 24, 2021 - floor Vote

Floor Vote: May 24, 2021

May 10, 2021 - Elections committee Vote

Committee Vote: May 10, 2021

Bill Amendments

S5800 - Details

S5800 - Summary

S5800 - Sponsor Memo

S5800 - Bill Text download pdf

S5800A - Details

S5800A - Summary

S5800A - Sponsor Memo

S5800A - Bill Text download pdf

Co-Sponsors

Alessandra Biaggi

Rachel May

S5800B (ACTIVE) - Details

S5800B (ACTIVE) - Summary

S5800B (ACTIVE) - Sponsor Memo

S5800B (ACTIVE) - Bill Text download pdf

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