S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2408--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Election  Law  --  recommitted to the Committee on Election Law in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the election law, in relation to establishing  nonparti-
   san poll monitors
 
   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  8-501
 to read as follows:
   §  8-501.  NONPARTISAN  POLL  MONITOR.  1.  FOR  THE  PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CIVIC ORGANIZATION" SHALL MEAN  ANY  CORPORATION,  UNINCORPORATED
 ASSOCIATION, OR ORGANIZATION THAT:
   (I) CONSISTS OF CITIZENS INTERESTED IN PROVIDING VOTER INFORMATION AND
 EDUCATION,   THE  PROTECTION  OF  INDIVIDUAL  VOTERS'  RIGHTS,  AND  THE
 PROMOTION OF FREE AND EQUAL ELECTION;
   (II) AS PART OF ITS WRITTEN  ARTICLES  OF  INCORPORATION,  BYLAWS,  OR
 CHARTER  OR  BY  SEPARATE  WRITTEN  DECLARATION,  HAS  AMONG  ITS STATED
 PURPOSES  THE  PROVISION  OF  VOTER  INFORMATION  AND   EDUCATION,   THE
 PROTECTION  OF  INDIVIDUAL  VOTERS'  RIGHTS,  AND THE PROMOTION OF FREE,
 FAIR, ACCESSIBLE AND SECURE ELECTIONS;
   (III) IS ORGANIZED OR PRIMARILY CONDUCTS  ITS  ACTIVITIES  WITHIN  THE
 STATE OF NEW YORK; AND
   (IV)  CONTINUOUSLY MAINTAINS AN OFFICE OR BUSINESS LOCATION WITHIN THE
 STATE OF NEW YORK, TOGETHER WITH A CURRENT LISTED TELEPHONE  NUMBER  FOR
 NO  LESS THAN ONE YEAR PRIOR TO FILING THE STATEMENT SPECIFIED IN SUBDI-
 VISION FOUR OF THIS SECTION.
   (B) "BALLOT ISSUE COMMITTEE" SHALL MEAN A POLITICAL  COMMITTEE  FORMED
 TO PROMOTE THE SUCCESS OR DEFEAT OF ANY BALLOT PROPOSAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05232-10-4
              

 A. 2408--A                          2
 
   2.  IN ADDITION TO THE WATCHERS APPOINTED PURSUANT TO SECTION 8-500 OF
 THIS TITLE, NONPARTISAN POLL MONITORS MAY BE APPOINTED BY A CIVIC ORGAN-
 IZATION OR A BALLOT ISSUE COMMITTEE.
   3.  EACH  CIVIC  ORGANIZATION AND EACH BALLOT ISSUE COMMITTEE SHALL BE
 ENTITLED TO APPOINT NO MORE THAN TWO NONPARTISAN POLL MONITORS PER POLL-
 ING PLACE.
   4. NOT LESS THAN THIRTY-TWO DAYS AND NOT  MORE  THAN  FORTY-FIVE  DAYS
 BEFORE  THE FIRST ELECTION FOR WHICH THE ORGANIZATION OR COMMITTEE PLANS
 TO APPOINT NONPARTISAN POLL MONITORS, THE STATE BOARD OF ELECTIONS SHALL
 RECEIVE A STATEMENT FROM ANY  ORGANIZATION  OR  BALLOT  ISSUE  COMMITTEE
 DESIRING  TO  APPOINT NONPARTISAN POLL MONITORS SETTING FORTH THE INTEN-
 TION OF THE ORGANIZATION OR COMMITTEE TO APPOINT NONPARTISAN POLL  MONI-
 TORS.
   (A)  THE STATEMENT SHALL BE SIGNED AND SWORN TO BY THE CHIEF PRESIDING
 OFFICER, THE SECRETARY, OR SOME OTHER OFFICER  OF  THE  ORGANIZATION  OR
 COMMITTEE AND SHALL SET FORTH:
   (I)  THE  REASON WHY THE ORGANIZATION OR COMMITTEE CLAIMS THE RIGHT TO
 APPOINT NONPARTISAN POLL MONITORS;
   (II) THE NAMES AND ADDRESSES OF ITS PRINCIPAL OFFICERS;
   (III) A STATEMENT SPECIFYING THE CIVIC ORGANIZATION  OR  BALLOT  ISSUE
 COMMITTEE'S  OFFICE  ADDRESS,  PHONE  NUMBER  AND  AN EMAIL TO WHICH ALL
 FUTURE COMMUNICATIONS SHALL BE ADDRESSED; AND
   (IV) VERIFICATION OF LENGTH OF TIME IT HAS MAINTAINED  AN  OFFICE  AND
 PHONE IN NEW YORK, IF A CIVIC ORGANIZATION OR, IF A BALLOT ISSUE COMMIT-
 TEE,  VERIFYING  THAT  IT  HAS  SATISFIED  ITS  FILING OBLIGATIONS UNDER
 SECTION 14-118 OF THIS CHAPTER.
   (B) SUCH STATEMENT SHALL ALSO BE ACCOMPANIED BY:
   (I) A COPY OF THE INSTRUCTIONAL MATERIALS THE ORGANIZATION OR  COMMIT-
 TEE WILL USE TO TRAIN POLL MONITORS REGARDING VOTERS' RIGHTS, AS WELL AS
 BASIC ELECTION DAY AND VOTING PROCEDURES UNDER THE ELECTION LAW;
   (II)  A COPY OF THE VOLUNTEER PLEDGE WHICH THE ORGANIZATION OR COMMIT-
 TEE REQUIRES ITS POLL MONITORS TO SIGN  AFTER  RECEIVING  THE  TRAINING,
 WHICH  EXPLAINS WHAT IT MEANS TO BE A NONPARTISAN POLL MONITOR, ACKNOWL-
 EDGES THE OBLIGATION TO STRICTLY MAINTAIN NONPARTISAN STATUS WHILE SERV-
 ING AS A POLL MONITOR FOR THE APPOINTING ORGANIZATION OR COMMITTEE,  AND
 AGREES TO ABIDE BY THE RESTRICTIONS SET FORTH IN SUBDIVISION TEN OF THIS
 SECTION;
   (III)  A  WRITTEN  COMMITMENT  TO TRAIN ITS VOLUNTEER POLL MONITORS IN
 ACCORDANCE WITH THE PROVIDED INSTRUCTIONAL MATERIALS AND RETAIN A SIGNED
 COPY OF EACH ASSIGNED POLL MONITOR'S VOLUNTEER PLEDGE, EXECUTED PURSUANT
 SUBPARAGRAPH (II) OF THIS PARAGRAPH, PRIOR TO ASSIGNING THAT POLL  MONI-
 TOR  TO  A POLLING PLACE, SIGNED UNDER PENALTY OF PERJURY BY A PRINCIPAL
 OFFICER; AND
   (IV) A STATEMENT WHETHER THE REQUESTED APPROVAL IS FOR THE NEXT  IMME-
 DIATE  ELECTION  OR  FOR ALL ELECTIONS OCCURRING IN THE CURRENT CALENDAR
 YEAR SUBSEQUENT TO THE DATE OF APPLICATION.
   (C) THE BOARD OF ELECTIONS MAY DENY AN ORGANIZATION OR  COMMITTEE  THE
 AUTHORIZATION  TO APPOINT NONPARTISAN POLL MONITORS IF THAT ORGANIZATION
 OR COMMITTEE FAILS TO FURNISH EVIDENCE  SATISFACTORY  TO  THE  BOARD  OF
 ELECTIONS  THAT THE ORGANIZATION OR COMMITTEE IS DEVOTED TO THE PURPOSES
 ENUMERATED OR HAS MAINTAINED AN OFFICE AND A PUBLICIZED PHONE NUMBER  IN
 NEW  YORK  STATE  FOR NO LESS THAN ONE YEAR, FOR FAILURE OF THE REQUIRED
 INSTRUCTIONAL MATERIALS TO ADEQUATELY OUTLINE BASIC VOTERS'  RIGHTS  AND
 RELEVANT  ADMINISTRATIVE  PROVISIONS OF THE ELECTION LAW, OR FOR FAILING
 TO PROVIDE A VOLUNTEER PLEDGE FORM THAT SATISFIES  THE  REQUIREMENTS  OF
 SUBPARAGRAPH (III) OF PARAGRAPH (B) OF THIS SUBDIVISION.
 A. 2408--A                          3
 
   5.  NOT  LATER  THAN TWO BUSINESS DAYS AFTER RECEIPT OF A STATEMENT OF
 INTENT TO APPOINT NONPARTISAN POLL MONITORS UNDER  SUBDIVISION  FOUR  OF
 THIS SECTION BUT IN NO EVENT LATER THAN THE TWENTY-EIGHTH DAY BEFORE THE
 UPCOMING  ELECTION,  THE  EXECUTIVE  DIRECTORS  OF  THE  STATE  BOARD OF
 ELECTIONS  SHALL  APPROVE  OR  DENY  THE  ORGANIZATION'S  OR COMMITTEE'S
 AUTHORIZATION TO APPOINT NONPARTISAN POLL MONITORS AND NOTIFY THE ORGAN-
 IZATION OR COMMITTEE OF THAT APPROVAL OR DENIAL VIA EMAIL AND  OVERNIGHT
 DELIVERY,  WHICH  SHALL BE DEEMED TO HAVE BEEN RECEIVED BY THE DAY AFTER
 TRANSMISSION. AUTHORIZATION SHALL ONLY BE DENIED ON THE BASIS  THAT  THE
 APPLYING  ORGANIZATION OR COMMITTEE FAILS TO SATISFY THE REQUIREMENTS OF
 PARAGRAPHS (A) AND (B) OF SUBDIVISION FOUR OF THIS SECTION. IF  AUTHORI-
 ZATION  IS  DENIED  UNDER THIS SUBDIVISION, AN ORGANIZATION OR COMMITTEE
 MAY APPEAL THE DENIAL WITH THE  COMMISSIONERS  OF  THE  STATE  BOARD  OF
 ELECTIONS  BY EMAIL OR OVERNIGHT DELIVERY. THE APPEAL OF THE DENIAL MUST
 BE RECEIVED BY THE STATE BOARD NOT LATER THAN TWO DAYS AFTER THE DATE OF
 THE ISSUE OF THE DENIAL, BUT IN NO EVENT LATER THAN THE TWENTY-FIFTH DAY
 BEFORE THE UPCOMING ELECTION. NOT LATER  THAN  TWENTY  DAYS  BEFORE  THE
 UPCOMING  ELECTION,  THE  COMMISSIONERS SHALL CONSIDER THE APPEAL OF ANY
 DENIALS. THE COMMISSIONERS' CONSIDERATION OF ANY APPEAL  SHALL  BE  MADE
 SOLELY  BY  REVIEW  OF  THE  EXECUTIVE  DIRECTORS'  DENIAL, THE ORIGINAL
 SUBMISSION MADE BY THE APPEALING ORGANIZATION AND  ANY  FURTHER  WRITTEN
 SUBMISSIONS MADE WITH THE APPEAL.  BASED ON SUCH REVIEW, THE COMMISSION-
 ERS  SHALL  APPROVE  OR  DENY THE ORGANIZATION'S OR COMMITTEE'S AUTHORI-
 ZATION TO APPOINT MONITORS AND NOTIFY THE ORGANIZATION OR COMMITTEE  AND
 THE  EXECUTIVE  DIRECTORS  OF THAT DECISION BY EMAIL. SUCH REVIEW MAY BE
 CONDUCTED REMOTELY, SUBJECT TO THE REQUIREMENTS OF THE OPEN MEETINGS LAW
 FOR REMOTE OR HYBRID MEETINGS.
   6. NO LATER THAN FIFTEEN DAYS BEFORE AN ELECTION, THE STATE  BOARD  OF
 ELECTIONS  SHALL SEND A LIST OF ALL ORGANIZATIONS OR COMMITTEE THAT HAVE
 BEEN APPROVED TO APPOINT NONPARTISAN POLL MONITORS TO ALL COUNTY  BOARDS
 OF  ELECTIONS.  EACH ORGANIZATION OR COMMITTEE SO APPROVED SHALL PROVIDE
 THE BOARD OF ELECTIONS FOR EACH COUNTY  IN  WHICH  THE  ORGANIZATION  OR
 COMMITTEE  PLANS  TO  PLACE NONPARTISAN POLL MONITORS WITH A LIST OF THE
 INDIVIDUALS IT HAS TRAINED AND WILL DEPLOY NO LATER THAN TWO DAYS BEFORE
 THE START OF EARLY VOTING FOR THE RELEVANT ELECTION. SUCH  LIST  MAY  BE
 AMENDED  NO  LATER  THAN NOON ON THE MONDAY BEFORE THE RELEVANT ELECTION
 DAY.
   7. ALL NONPARTISAN POLL MONITORS SHALL BE REQUIRED  TO  WEAR  A  BADGE
 WITH  THEIR NAME AND THE NAME OF THE CIVIC ORGANIZATION OR COMMITTEE THE
 INDIVIDUAL IS REPRESENTING, AND TO HAVE PROPER CREDENTIALS. SUCH CREDEN-
 TIALS SHALL BE ISSUED BY AND UNDER THE FACSIMILE SIGNATURES OF THE RELE-
 VANT BOARD OF ELECTIONS AND SHALL BE AVAILABLE FOR DISTRIBUTION  BY  THE
 RELEVANT  BOARD  OF  ELECTIONS  AT LEAST TEN DAYS PRIOR TO THE ELECTION.
 SUCH CREDENTIALS SHALL BE AUTHORIZED BY THE REAL OR FACSIMILE  SIGNATURE
 OF  THE  PRESIDING OFFICER OF THE CIVIC ORGANIZATION OR THE CHAIR OF THE
 BALLOT ISSUE COMMITTEE, AS THE CASE MAY BE. THE PRESIDING OFFICER OF THE
 CIVIC ORGANIZATION OR THE CHAIR OF THE BALLOT ISSUE COMMITTEE SHALL  NOT
 BE  REQUIRED TO SUBMIT THE NAMES OR OTHER INFORMATION CONCERNING NONPAR-
 TISAN POLL MONITORS BEFORE MAKING CREDENTIALS AVAILABLE TO SUCH  PERSONS
 OR ORGANIZATIONS.
   8.  FOR ALL ELECTIONS, APPOINTED NONPARTISAN POLL MONITORS PURSUANT TO
 THIS SECTION SHALL BE REGISTERED TO VOTE IN THE COUNTY OR CITY IN  WHICH
 THE POLLING PLACE TO WHICH THEY ARE ASSIGNED AS A NONPARTISAN POLL MONI-
 TOR IS LOCATED, EXCEPT THAT RESIDENTS AGED SIXTEEN AND SEVENTEEN WHO ARE
 CURRENTLY  RESIDING  AND  ENROLLED  IN SCHOOL IN SUCH COUNTY OR CITY MAY
 SERVE AS POLL MONITORS.
 A. 2408--A                          4
 
   9. NO PERSON SHALL BE QUALIFIED FOR APPOINTMENT AS A NONPARTISAN  POLL
 MONITOR:
   (A)  WHO  IS NOT A REGISTERED VOTER IN THE COUNTY OR CITY IN WHICH THE
 POLL SITE OR SITES THEY WILL MONITOR IS LOCATED,  EXCEPT  FOR  RESIDENTS
 AGED  SIXTEEN AND SEVENTEEN WHO ARE CURRENTLY ENROLLED IN SCHOOL IN SUCH
 COUNTY OR CITY;
   (B) WHO IS A CANDIDATE FOR ANY OFFICE TO BE VOTED FOR AT THE ELECTION;
   (C) WHO IS A SPOUSE, PARENT, CHILD, BROTHER OR SISTER OF ANY CANDIDATE
 TO BE VOTED FOR AT THE ELECTION;
   (D) WHO IS MARRIED TO A PARENT, CHILD, BROTHER OR SISTER OF ANY CANDI-
 DATE TO BE VOTED FOR AT THE ELECTION OR WHO IS THE PARENT OF THE  SPOUSE
 OF ANY CANDIDATE TO BE VOTED FOR AT THE ELECTION;
   (E) WHO IS A SHERIFF, DEPUTY SHERIFF, MARSHAL, DEPUTY MARSHAL OR STATE
 OR MUNICIPAL POLICE OFFICER; OR
   (F)  WHO  HAS FAILED TO SIGN THE VOLUNTEER PLEDGE REQUIRED PURSUANT TO
 SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION.
   10. (A) A NONPARTISAN POLL MONITOR APPOINTED PURSUANT TO THIS  SECTION
 IS NOT PERMITTED TO DO ANY OF THE FOLLOWING WHILE INSIDE A POLLING SITE:
   (I) QUERY, SOLICIT OR INTERVIEW VOTERS.
   (II) MAKE AUDIO OR VIDEO RECORDINGS OF ANY VOTER OR BALLOT.
   (III)  IN ANY MANNER INTERVENE OR INTERFERE WITH THE ADMINISTRATION OF
 THE ELECTION.
   (IV) FAIL TO COMPLY WITH ALL INSTRUCTIONS GIVEN TO  THEM  BY  ELECTION
 OFFICIALS EVEN IF THEY DISAGREE WITH THOSE INSTRUCTIONS.
   (B)  NOTHING  IN THIS SECTION SHALL PROHIBIT NONPARTISAN POLL MONITORS
 FROM RESPONDING TO INQUIRIES FROM A VOTER OR ASSISTING  ANY  VOTER  UPON
 THE VOTER'S REQUEST.
   11.  A NONPARTISAN POLL MONITOR APPOINTED PURSUANT TO THIS SECTION MAY
 DO ONE OR MORE OF THE FOLLOWING:
   (A) OBSERVE THE MANNER IN WHICH THE DUTIES OF THE ELECTION  INSPECTORS
 ARE BEING PERFORMED.
   (B) BRING TO AN ELECTION INSPECTOR'S ATTENTION ANY OF THE FOLLOWING:
   (I) IMPROPER HANDLING OF A BALLOT BY AN ELECTOR OR ELECTION INSPECTOR.
   (II)  CAMPAIGNING  OR  ELECTIONEERING  BEING  PERFORMED BY AN ELECTION
 INSPECTOR OR OTHER PERSON IN VIOLATION OF THIS CHAPTER.
   (III) AN ELECTION PROCEDURE THAT IS NOT BEING PROPERLY PERFORMED.
   (IV) A VIOLATION OF ELECTION LAW OR OTHER PRESCRIBED  ELECTION  PROCE-
 DURE.
   (C)  REMAIN  DURING  THE  CANVASS  OF VOTES AND UNTIL THE STATEMENT OF
 RETURNS IS DULY SIGNED AND MADE.
   (D) ASSIST ANY VOTER UPON REQUEST.
   (E) KEEP RECORDS OF VOTES CAST.
   12. NONPARTISAN POLL MONITORS SHALL PRESENT THEIR  CREDENTIALS  TO  AN
 ELECTION  INSPECTOR UPON ENTERING ANY POLLING PLACE TO WHICH THEY MAY BE
 ASSIGNED, WHICH CREDENTIALS SHALL  BE  IN  SUBSTANTIALLY  THE  FOLLOWING
 FORM:
 
                         POLL MONITOR CREDENTIALS
 IN  ACCORDANCE  WITH THE PROVISIONS OF THE ELECTION LAW, THE UNDERSIGNED
 IS AUTHORIZED TO APPOINT __________ (NAME OF POLL MONITOR)  WHO  RESIDES
 AT ___________ (ADDRESS) IN THE COUNTY OF ___________, __________ (TOWN-
 SHIP  OR  MUNICIPALITY)  OF ______________ (NAME), STATE OF NEW YORK AND
 WHO IS DULY REGISTERED TO VOTE FROM THIS ADDRESS, TO ACT AS A POLL MONI-
 TOR, AT THE  POLLING  PLACE(S)  LOCATED  IN  THE  (COUNTY  OR  CITY)  OF
 ___________  AT THE ___________(SPECIAL, PRIMARY OR GENERAL) ELECTION TO
 BE HELD ON (INSERT DATE).
 A. 2408--A                          5
 
 ___________________________________(SIGNATURE OF  APPOINTING  AUTHORITY)
 ___________________________________TITLE (CIVIC ORGANIZATION PRESIDENT,
                                    BALLOT ISSUE COMMITTEE CHAIR)

 UNDER PENALTY OF PERJURY, THE UNDERSIGNED POLL MONITOR CERTIFIES THAT HE
 OR  SHE  RESIDES  AT _______________(ADDRESS) IN THE COUNTY OF _________
 (TOWNSHIP OR MUNICIPALITY) OF __________ (NAME), STATE OF NEW YORK,  AND
 IS DULY REGISTERED TO VOTE IN NEW YORK.
 
 __________________________         ___________________________
 (ELECTION DISTRICT & ASSEMBLY      (SIGNATURE OF POLL MONITOR)
 DISTRICT IN
 WHICH POLL MONITOR RESIDES)
   13.  NONPARTISAN POLL MONITOR CREDENTIALS PROPERLY EXECUTED AND SIGNED
 SHALL BE PROOF OF THE QUALIFICATIONS OF  THE  NONPARTISAN  POLL  MONITOR
 AUTHORIZED  THEREBY.  AFTER  PRESENTING  SUCH CREDENTIALS TO AN ELECTION
 INSPECTOR, THE CREDENTIALS ARE RETAINED BY THE MONITOR BUT TURNED IN  TO
 AN  ELECTION  INSPECTOR  AT  THE  FINAL POLLING LOCATION WHICH A MONITOR
 VISITS AND RETURNED TO THE RELEVANT BOARD OF ELECTIONS AT THE END OF THE
 DAY OF ELECTION WITH THE OTHER ELECTION MATERIALS.  A  NONPARTISAN  POLL
 MONITOR  MAY  LEAVE  AND  REENTER  THE  POLLING PLACE PROVIDED THAT SUCH
 CONTINUING ACTION DOES NOT DISRUPT THE CONDUCT OF THE ELECTION.  NONPAR-
 TISAN POLL MONITORS MAY BE SUBSTITUTED DURING THE COURSE OF THE DAY, BUT
 QUALIFIED CIVIC ORGANIZATIONS CAN HAVE ONLY  AS  MANY  NONPARTISAN  POLL
 MONITORS  AT ANY GIVEN TIME AS ARE AUTHORIZED IN THIS SECTION. A SUBSTI-
 TUTE SHALL PRESENT HIS OR HER SIGNED CREDENTIAL  TO  THE  INSPECTORS  OF
 ELECTION  UPON  ENTERING  THE  POLLING PLACE AND SHALL WEAR THE REQUIRED
 BADGE.
   14. THERE SHALL BE NO MORE THAN TWO NONPARTISAN POLL MONITORS FROM ANY
 ORGANIZATION OR COMMITTEE AT ANY POLLING PLACE AT THE SAME TIME. IF MORE
 THAN ONE ORGANIZATION OR COMMITTEE ASSIGNS NONPARTISAN POLL MONITORS  TO
 THE SAME POLLING PLACE, THEN ELECTION INSPECTORS MAY LIMIT THE NUMBER OF
 NONPARTISAN  POLL MONITORS, WITH ONLY ONE MONITOR FROM EACH ORGANIZATION
 OR COMMITTEE WITHIN THE POLLING PLACE AT THE SAME TIME, UP TO A LIMIT OF
 FOUR SEPARATE ORGANIZATIONS OR COMMITTEES.
   § 2. This act shall take effect immediately.