NY State Senate Bill 2023-S3416

Senate Bill S3416

2023-2024 Legislative Session

Removes provisions of the election law requiring election inspectors, poll clerks, and election coordinators to be appointed in a bipartisan manner

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Current Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections
Jan 31, 2023	referred to elections

co-Sponsors

2023-S3416 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§3-400, 3-401, 3-402, 3-404, 3-406, 3-418 & 8-302, El L
Versions Introduced in 2021-2022 Legislative Session:: S8333

2023-S3416 (ACTIVE) - Summary

Removes provisions requiring election inspectors, poll clerks, and election coordinators to be appointed in a bipartisan manner.

2023-S3416 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3416

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to removing provisions of
such law requiring election inspectors, poll clerks, and election coor-
dinators to be appointed in a bipartisan manner

 
PURPOSE::

To remove requirements that election inspectors, poll clerks, and
election coordinators be appointed solely between democrats and republi-
cans.

 
SUMMARY OF PROVISIONS::

Section 1 of this bill amends the election law to change the requirement
that election inspectors and poll workers be appointed equally between
major parties to require they be drawn from the two major parties and
non-affiliated observers to the extent practicable.  Along with this it
stipulates the exact number of staff allowed in the polling center. Per

two voting machines there must be two clerks in addition to four inspec-
tors. The exception to this would be in a town where two clerks would be
the maximum allowed and elected at the discretion of the town board. All
election inspectors must be a registered voter other than the exception
that they already hold an elected position in that district. The minimum
age to be either a poll clerk or an election inspector is the age of
seventeen and enrolled in a school district. All of these provisions are
instilled to ensure that the time taken to vote at an early voting site
does not exceed 30 minutes.

Section 2 of this bill amends subdivision 2 of the election law to
change the requirement that election coordinators be appointed equally
between major parties to require they be drawn from the two major
parties and non-affiliated observers to the extent practicable.

Section 3 of this bill amends the election law to allow inspectors of
the same political party to perform the duties of absent inspectors even
if they are from the same political party.

Section 4 of this bill amends subdivisions 2, 5, and 7 of the election
law so that boards of elections may appoint workers' from lists provided
by political parties instead of requiring that names be chosen from
those lists. Should that list be invalid or that everyone on the list is
unavailable to complete the task, a new list will be requested from the
Political party. If not the members of that political party are able to
designate and nominate a person at their discretion.

Section 5 of this bill amends subdivisions one and four of the election
law to change the requirement that the "additional inspector list" from
being equally divided between the two major parties to including inspec-
tors from the two major parties and non affiliated inspectors to the
extent practicable and removes the requirement that a replacement
inspector be from the same party as the original inspector.

Section 6 of this bill amends section 3-418 of the election law to allow
any inspector present to temporarily fill a vacancy at the time of a
meeting. Along with this as a last result a clerk can step up and fill
in a vacancy. Any person appointed must take up the oath of office
administered by one of the present and available inspectors.

Section 7 of this bill amends subdivision 1 of section 8-302 of the
election law and removes the requirement that all elections be monitored
by inspectors of different political parties.

Section 8 of this bill sets forth the effective date.

 
JUSTIFICATION::

Currently, third party or unaffiliated voters are statutorily prohibited
from working certain positions at their local boards of election.This
system can hinder elections management when staff is already limited and
a worker authorized explicitly by the two major political parties cannot
be found. Changing the standard from always necessitating bipartisanship
to requiring bipartisanship when practicable will prevent parties from
unilaterally controlling the elections workforce and provide more oppor-
tunities for New Yorkers who want to serve in the democratic process,
regardless of their party affiliation, or lack thereof.

 
LEGISLATIVE HISTORY::

S8333 of 2022: Referred to Elections.

 
FISCAL IMPLICATIONS::

To be determined.

 
EFFECTIVE DATE::

This act shall take effect immediately.

2023-S3416 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3416
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sens. MYRIE, GOUNARDES -- 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 removing provisions  of
   such  law  requiring  election  inspectors,  poll clerks, and election
   coordinators to be appointed in a bipartisan manner

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3-400 of the election law, subdivisions 3, 4 and 5
 as renumbered by chapter 9 of the laws of 1978, subdivision 6 as amended
 and subdivision 8 as renumbered by chapter 133  of  the  laws  of  2011,
 subdivision  8 as added by chapter 76 of the laws of 2010, subdivision 7
 as amended by chapter 293 of the laws of 2017 and subdivision 9 as added
 by chapter 6 of the laws of 2019, is amended to read as follows:
   § 3-400. Election inspectors and poll clerks; provision for. 1.  There
 shall  be  for each election district of the state four election inspec-
 tors.
   2. At every general election  in  each  election  district  where  two
 voting  machines  are used, there shall be two clerks in addition to the
 four inspectors of election, except that in an election district located
 in a town, where one voting machine is used, the town board  may  direct
 the  board  of  elections  to  appoint  not more than two clerks in such
 district if in the discretion of such board the service of such clerk or
 clerks is reasonably necessary for the proper conduct of  the  election.
 In each election district where paper ballots, in addition to one voting
 machine,  are  used  at a general election, there shall be two clerks in
 addition to the four inspectors of election. In each  election  district
 where  paper  ballots,  in  addition to more than one voting machine are
 used at a general election there shall be four clerks in addition to the
 four inspectors. The duties of such clerks shall be  such  as  shall  be
 prescribed by the board of elections and they shall serve at the general
 election  only.  When  deemed  necessary in any election or primary, the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06218-01-3

 S. 3416                             2
 
 board of election may require additional poll clerks to be designated in
 any election district.
   3. [Appointments to the offices of election inspector or poll clerk in
 each election district, shall be equally divided between the major poli-
 tical parties.
   4.]   TO THE EXTENT PRACTICABLE THERE SHALL BE ELECTION INSPECTORS AND
 POLL CLERKS AT EACH POLL SITE FROM THE TWO MAJOR POLITICAL  PARTIES  AND
 NON-AFFILIATED  INSPECTORS  AND  POLL  CLERKS.  Before entering on their
 duties, the election inspectors of each election  district  outside  the
 city of New York shall appoint one of their number chairman, to serve as
 such  during his term of office. If a majority shall not agree upon such
 an appointment, they shall draw lots for that position.
   [5. In the city of New York in each odd numbered election  district  a
 chairman  shall  be  designated  who  shall be an inspector named by the
 political party which polled the highest number of votes for governor at
 the last preceding election for such officer and in each  even  numbered
 election district a chairman shall be designated who shall be an inspec-
 tor  named by the political party which polled the second highest number
 of votes for governor at the last preceding election for such officer.
   6.] 4. No person shall be certified or act as an election inspector or
 poll clerk who is not a registered voter (unless  such  person  is  duly
 qualified under subdivision eight of this section) and a resident of the
 county  in  which  he  or she serves, or within the city of New York, of
 such city, who holds any elective public office, or who is  a  candidate
 for  any  public office to be voted for by the voters of the district in
 which he or she is to serve, or the spouse, parent, or child of  such  a
 candidate, or who is not able to speak and read the English language and
 write it legibly.
   [7.]  5. The board of elections may employ election inspectors to work
 split shifts with adjusted compensation[,  provided,  however,  that  at
 least  one  inspector  from  each  of the two major political parties is
 present at the poll site for the entire time that the polls  are  open].
 Each  county  board of elections shall prescribe the necessary rules and
 procedures to ensure proper poll site operation.
   [8.] 6. A person seventeen years of age who is enrolled  in  a  school
 district  and  fulfilling the requirements of section thirty-two hundred
 seven-a of the education law shall be eligible to be appointed  as,  and
 to  perform  the  duties  of,  an  election  inspector  or poll clerk as
 provided in this chapter.
   [9.] 7. Notwithstanding any inconsistent provisions of  this  article,
 election  inspectors or poll clerks, if any, at polling places for early
 voting, shall consist of either board of elections employees  who  shall
 be  appointed by the commissioners of such board or duly qualified indi-
 viduals, appointed in the manner set forth in this section.    [Appoint-
 ments to the offices of election inspector or poll clerk in each polling
 place  for early voting shall be equally divided between the major poli-
 tical parties.] The board of elections shall assign  staff  and  provide
 resources  to ensure a voter's wait time to vote at an early voting site
 shall not exceed thirty minutes.
   § 2. Subdivision 2 of section 3-401 of the election law, as  added  by
 chapter 90 of the laws of 1991, is amended to read as follows:
   2. All election coordinators shall be trained in the manner prescribed
 by  this article for election inspectors and poll clerks. Election coor-
 dinators shall be appointed by the board of elections. [The  appointment
 of  election coordinators shall be equally divided between the two major
 political parties.] TO THE EXTENT PRACTICABLE THERE SHALL  BE  COORDINA-
 S. 3416                             3
 
 TORS  AT EACH POLL SITE FROM THE TWO MAJOR POLITICAL PARTIES AND NON-AF-
 FILIATED COORDINATORS.
   §  3. Subdivision 1 of section 3-402 of the election law is amended to
 read as follows:
   1. Election inspectors, in performing their duties,  shall  act  as  a
 board  and a majority vote thereof shall be required to decide all ques-
 tions. If, however, any inspector or  inspectors  shall  be  temporarily
 absent  for  a portion of the meeting, the inspectors present shall have
 and may exercise any power or perform any duty conferred or imposed upon
 a board of inspectors[, provided that they are not all  members  of  the
 same political party].
   §  4.  Subdivisions  2,  5 and 7 of section 3-404 of the election law,
 subdivision 5 as amended by chapter 263 of the laws of 1991 and subdivi-
 sion 7 as amended by chapter 234 of the laws of  1976,  are  amended  to
 read as follows:
   2.  Each  political  party  entitled to representation on any board of
 elections may, not later than the first day of May in  each  year,  file
 with  the  appropriate  board  of elections, an original list of persons
 recommended to serve.  Supplemental lists may be filed at the same  time
 and  at  any time before the designation is made and certified or when a
 vacancy exists. [All designations shall] DESIGNATIONS MAY be made  first
 from  those  named  in  the  original list filed if those designated are
 found qualified.
   5. If a political party shall fail to submit a list or the list  shall
 be  exhausted, the board of elections shall request from the appropriate
 political party an original or supplemental list. If after ten  days  no
 list  is  filed by that party, the board of elections may appoint quali-
 fied persons[, enrolled members of the political party in  default,]  to
 act as election inspectors, poll clerks or election coordinators.
   7.  Election  officers [shall] MAY be appointed from the lists submit-
 ted, by those members of the board who  represent  the  political  party
 which  submitted  such lists. If such list is not furnished, the members
 of the board who represent the political party in default, shall  desig-
 nate the persons to be appointed as election officers.
   §  5.  Subdivisions  1  and 4 of section 3-406 of the election law are
 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.] TO THE EXTENT PRACTICABLE THERE SHALL BE ADDITIONAL
 INSPECTORS FROM THE  TWO  MAJOR  POLITICAL  PARTIES  AND  NON-AFFILIATED
 INSPECTORS.  Appointments under this section shall be made in the manner
 provided for the appointment of regular election inspectors  and  for  a
 like term.
   4.  If  the  board  of elections shall determine that a vacancy exists
 upon any board of inspectors or that  any  election  inspector  or  poll
 clerk is absent, and that no qualified voter has been appointed pursuant
 to  this  chapter  to  act  in  place of such election inspector or poll
 clerk, or to relieve any qualified voter who has been so  appointed,  it
 shall  forthwith  direct  a person appointed pursuant to this section to
 act in place of the absent election inspector or poll clerk or qualified
 voter so appointed until such absent election inspector or his appointed
 successor shall appear[; provided, however, that the additional election
 inspector so appointed shall be a designee of the same  political  party
 as  the  election  inspector  in whose place he shall act]. The board of
 S. 3416                             4
 
 elections shall provide suitable  identification  for  every  additional
 election inspector to present to the chairman of the board before enter-
 ing upon the duties of such office.
   § 6. 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] AN inspector present [who is  the  designee  of  the  same
 party  as  the  absent inspector] shall appoint a qualified 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 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 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 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.
   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.
   § 7. Subdivision 1 of section 8-302 of the election law is amended  to
 read as follows:
   1.  At  all  elections held pursuant to the provisions of this chapter
 two inspectors [representing  different  political  parties]  shall  act
 together at all times in supervising the use of the registration records
 and  in  verifying  the  rights  of persons to vote on the basis of such
 records.
   § 8. This act shall take effect immediately.

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Senate Bill S3416

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Sponsored By

Zellnor Myrie