S T A T E O F N E W Y O R K
________________________________________________________________________
268
2023-2024 Regular Sessions
I N A S S E M B L Y
January 4, 2023
___________
Introduced by M. of A. WALKER -- Multi-Sponsored by -- M. of A. BRONSON,
CARROLL, COLTON, COOK, DICKENS, GLICK, HUNTER, HYNDMAN, JEAN-PIERRE,
LUPARDO, PAULIN, PRETLOW, L. ROSENTHAL, SIMON, STECK, WEPRIN, ZEBROW-
SKI, ZINERMAN -- read once and referred to the Committee on Election
Law
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.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01023-01-3
A. 268 2
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.
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
A. 268 3
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.