S T A T E O F N E W Y O R K
________________________________________________________________________
7963
2023-2024 Regular Sessions
I N A S S E M B L Y
August 18, 2023
___________
Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. LAVINE --
read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to the appointment of
election inspectors and poll clerks
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 3-401 of the election law, as
added by chapter 90 of the laws of 1991, is amended to read as follows:
4. Any county board of elections appointing election coordinators and
in the city of New York, the board of elections of the city of New York,
shall prepare a report detailing assignments and duties to be delegated
to election coordinators. ANY COUNTY BOARD OF ELECTIONS APPOINTING
ELECTION COORDINATORS AND IN THE CITY OF NEW YORK, THE BOARD OF
ELECTIONS OF THE CITY OF NEW YORK, SHALL PREPARE A REPORT DETAILING
ASSIGNMENTS OF ELECTION INSPECTORS AND POLL CLERKS, AND SHALL SPECIF-
ICALLY ENUMERATE THE POLL SITES FOR WHICH ELECTION INSPECTORS OR POLL
CLERKS HAVE NOT YET BEEN ASSIGNED, DETAILING THE EFFORTS MADE TO DATE TO
FILL THOSE ASSIGNMENTS. Said [report] REPORTS shall be filed with the
state board of elections no later than one month prior to the election
at which election coordinators, ELECTION INSPECTORS AND POLL CLERKS are
to be assigned.
§ 2. Subdivision 1 of section 3-406 of the election law is amended to
read as follows:
1. Each board of elections shall establish a list of persons duly
qualified to serve as election inspectors, which list shall be known as
the "Additional Inspector List", in such number of persons as the board
shall determine. Such a list shall be equally divided between the major
political parties. Appointments under this section shall be made in the
manner provided for the appointment of regular election inspectors and
for a like term. EACH BOARD OF ELECTIONS SHALL BE REQUIRED TO APPOINT
ELECTION INSPECTORS, POLL CLERKS AND ELECTION COORDINATORS FROM THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11309-01-3
A. 7963 2
ADDITIONAL INSPECTOR LIST FOR EACH VACANCY LISTED ON THE REPORT PROVIDED
TO THE STATE BOARD OF ELECTIONS PURSUANT TO SUBDIVISION FOUR OF SECTION
3-401 OF THIS TITLE NO LATER THAN TWENTY DAYS PRIOR TO THE ELECTION AT
WHICH ELECTION COORDINATORS, ELECTION INSPECTORS AND POLL CLERKS ARE TO
BE ASSIGNED.
§ 3. Section 3-418 of the election law, the section heading and subdi-
vision 4 as amended by chapter 373 of the laws of 1978, is amended to
read as follows:
§ 3-418. Election inspectors and poll clerks; emergency provisions for
filling vacancies or absences. 1. If, at the time of a meeting of the
inspectors, there shall be a vacancy, or if any inspector shall be
absent, the inspector present who is the designee of the same party as
the absent inspector shall appoint A QUALIFIED INSPECTOR FROM THE ADDI-
TIONAL INSPECTOR LIST ESTABLISHED PURSUANT TO SECTION 3-406 OF THIS
TITLE UNTIL SUCH ADDITIONAL INSPECTOR LIST IS EXHAUSTED. ONCE THE ADDI-
TIONAL INSPECTOR LIST IS EXHAUSTED, THE INSPECTOR PRESENT WHO IS THE
DESIGNEE OF THE SAME PARTY AS THE ABSENT INSPECTOR SHALL APPOINT a qual-
ified voter of the same city or town to act in place of the absent
inspector. If, however, any inspectors shall be temporarily absent for a
portion of the meeting, the inspectors present, provided that they are
not all members of the same political party, shall have and may exercise
any power or perform any duty conferred or imposed upon a board of
inspectors.
2. If at the time of any such meeting two inspectors who are members
of the same party shall be absent, or their places shall be vacant, the
poll clerk or poll clerks present, if any, of the same party shall act
as inspectors and shall appoint QUALIFIED INSPECTORS FROM THE ADDITIONAL
INSPECTOR LIST ESTABLISHED PURSUANT TO SECTION 3-406 OF THIS TITLE UNTIL
SUCH SUPPLEMENTAL LIST IS EXHAUSTED. ONCE THE ADDITIONAL INSPECTOR LIST
IS EXHAUSTED, THE POLL CLERK OR POLL CLERKS PRESENT, IF ANY, OF THE SAME
PARTY AS THE ABSENT INSPECTORS SHALL ACT AS INSPECTORS AND SHALL APPOINT
qualified voters of the same city or town who are members of the same
party as the absent inspectors, to act in place of such clerks.
3. If at the time of any such meeting two inspectors and the poll
clerk or clerks, if any, who are members of the same party shall be
absent, or their places shall be vacant, the inspector or inspectors
present, or in their absence the poll clerk or clerks present, if any,
shall appoint QUALIFIED INSPECTORS OR POLL CLERKS FROM THE ADDITIONAL
INSPECTOR LIST ESTABLISHED PURSUANT TO SECTION 3-406 OF THIS TITLE UNTIL
SUCH ADDITIONAL INSPECTOR LIST IS EXHAUSTED. ONCE THE ADDITIONAL INSPEC-
TOR LIST IS EXHAUSTED, THE INSPECTOR OR INSPECTORS PRESENT, OR IN THEIR
ABSENCE THE POLL CLERK OR CLERKS PRESENT, IF ANY, SHALL APPOINT quali-
fied voters of the same city or town, who are members of the same party
as such absent inspectors, to act as such inspectors and clerks, until
the inspectors or clerks duly appointed by the original appointing
authority, shall appear.
4. If at the time of any such meeting, there shall be a vacancy in the
office of poll clerk, or if a poll clerk shall be absent, the inspectors
who are designees of the same party, or in their absence, any poll clerk
of the same party who is present, shall appoint QUALIFIED POLL CLERKS
FROM THE ADDITIONAL INSPECTOR LIST ESTABLISHED PURSUANT TO SECTION 3-406
OF THIS TITLE UNTIL SUCH ADDITIONAL INSPECTOR LIST IS EXHAUSTED. ONCE
THE ADDITIONAL INSPECTOR LIST IS EXHAUSTED, THE INSPECTOR OR INSPECTORS
PRESENT, OR IN THEIR ABSENCE THE POLL CLERK OR CLERKS PRESENT, IF ANY,
SHALL APPOINT a qualified voter of the same city or town who is a member
of the same party, to act in place of the absent poll clerk.
A. 7963 3
5. Every person so appointed or named shall take the oath of office,
which shall be administered by any person authorized to administer oaths
or by one of the inspectors.
§ 4. This act shall take effect immediately.