Require Poll Worker Training

Section 1. The election law is amended by adding a new section 3-213 to read as follows:

§ 3-213. Boards of elections; mandatory training curriculum. 1. Election commissioners and such other board of elections employees as determined by the state board of elections shall within six months after their first appointment complete a course of instruction on the operation of a board of elections which shall be provided by the state board of elections. The curriculum shall be established by the state board of elections in consultation with election commissioners and shall not exceed thirty hours of instruction.

2. Annually, election commissioners and other board of elections employees as determined by the state board of elections, shall complete before June first a continuing course of instruction on the operation of a board of elections which shall be provided by the state board of elections. The curriculum shall be established by the state board of elections in consultation with the election commissioners and shall not exceed three hours of instruction.

3. The state board of elections shall provide the training required by subdivision two of this section through, in addition to other methods it may choose, a web-based recorded format.

4. Upon the failure of a commissioner or other employee to complete the instruction within the time required by this section, the state board of elections shall send a letter to the county legislature or city

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05910-01-9

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council and the respective county party chair of the jurisdiction of the commissioner stating the delinquency.

§ 2. Subdivision 1-a of section 3-412 of the election law, as added by chapter 181 of the laws of 2005, is amended and three new subdivisions 1-b, 1-c and 1-d are added to read as follows:

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 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, proper 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 education and training institute which shall be responsible for the development 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 worker 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 quantities to ensure that an adequate contingent of fully trained and certified 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

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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 regulations which may be necessary to create the training institute and associated curricula provided for in subdivisions one-a, one-b and one-c 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".

§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.