What's happening
This bill requires county boards of elections to report and fill vacancies for election inspectors, poll clerks, and coordinators using an established list prior to elections.
Why it matters
Increases transparency and accountability. by requiring county boards of elections to generate detailed reports on which poll sites still lack assigned inspectors or clerks, along with documentation of efforts to fill those roles. This helps the public and state officials monitor staffing issues before elections.
Mandates proactive vacancy filling. using the “Additional Inspector List” before each election, rather than waiting until the last minute or relying on ad hoc solutions. This could reduce the likelihood of understaffed polling places and the resulting delays or confusion for voters.
Standardizes procedures statewide. for addressing vacancies or absences among election inspectors, poll clerks, and coordinators—first requiring appointments from the established list, and only allowing other qualified voters if the list is exhausted. This reduces potential for partisan manipulation or uneven practices across counties.
Aims to bolster election integrity and smooth operation. by ensuring there is a clear, documented, and fair process for staffing polling places—potentially increasing voter trust in the electoral process and minimizing disruptions on Election Day.
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History
- Referred to elections
- Referred to elections
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5610
2017-2018 Regular Sessions
IN SENATE
April 20, 2017
Introduced by Sen. KRUEGER -- 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 the appointment of election inspectors and poll clerks
The People of the State of New York, represented in Senate and Assembly, 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 specifically 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.
LBD10937-01-7
S. 5610 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 subdivision 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 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 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 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 inspector list is exhausted, 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 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.
S. 5610 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to the appointment of election inspectors and poll clerks
Purpose or general idea of bill
To ensure that the additional inspector list is used to fill vacancies to appoint new election inspectors, poll clerks and election coordinators.
Summary of specific provisions
Section 1 amends Subdivision 4 of section 3-401 of the election law to require any county board of elections appointing election coordinators and the NYC board of elections shall prepare a report detailing assignments of election inspectors and poll clerks and shall list the poll sites that do not have assigned coverage.
Section 2 amends subdivision 1 of section 3 - 406 of the election law to require the board of elections to use the additional inspector list for the vacancy of election inspectors, poll clerks and election coordinators. This list shall be provided to the state board of elections no later than 20 days prior to the election.
Section 3 subdivision 1 requires in the event of an absence or vacancy the inspector shall appoint a qualified inspector of the same party from the additional inspector list until the list is exhausted.
Section 3 subdivision 2 allows an inspector or poll clerk of the opposing party to appoint a new qualified inspector from the additional inspector list in the case of the absence of any appointed member of the same party. Section 3 subdivision 3 requires that if there is a vacancy or an absence of a inspector or poll clerk, the inspectors present shall appoint qualified poll clerks from the inspector list pursuant until the list is exhausted. Once the list is exhausted the inspector or poll clerks or clerks present shall appoint a qualified voter to fill the position. Section 3 subdivision 4 if there is an a vacancy or absence of a poll clerk, any poll clerk of the same party shall appoint qualified poll clerks from the additional inspector list. Should the list be exhausted the inspectors or poll clerks present shall appoint a qualified voter of the same party.
Section 4 contains the effective date.
Justification
In order to fill election inspector, poll clerk and election coordinator vacancies, the additional inspector list shall be used. The Additional Inspector list is comprised of persons qualified to serve as election inspectors. This list should be used by the corresponding authority unless there is an absence in which case the next position should appoint the new figure.
Fiscal implications
None.
Effective date
This bill would take effect immediately.
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