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This entry was published on 2019-01-25
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SECTION 3-400
Election inspectors and poll clerks; provision for
Election (ELN) CHAPTER 17, ARTICLE 3, TITLE 4
§ 3-400. Election inspectors and poll clerks; provision for. 1. There
shall be for each election district of the state four election
inspectors.

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
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
political parties.

4. 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
inspector named by the political party which polled the second highest
number of votes for governor at the last preceding election for such
officer.

6. 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. 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. 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. 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
individuals, appointed in the manner set forth in this section.
Appointments to the offices of election inspector or poll clerk in each
polling place for early voting shall be equally divided between the
major political 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.