Senate Bill S5800

                             
                     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.

                             
                     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.