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S2425Senate2019-2020 SessionSame asA1525

Expand Election Watcher Rights

Official title

“Relates to watchers during election”

Sponsor Anna KaplanSD-7Affects Public Safety & Consumer Affairs
Status
Stricken
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via A1525

What's happening

This bill clarifies and updates rules for appointing election watchers at polling places during general and primary elections in New York.

Why it matters

  1. Expands and clarifies who can appoint election watchers. at both general and primary elections, making it clear that party committees, independent bodies, groups of candidates, and political committees all have explicit rights to appoint watchers, potentially increasing transparency and oversight.

  2. Specifies new appointment authorities. by allowing not just the chair but also other officers of a party, committee, or independent body to appoint watchers, which could make the process more flexible and accessible for political organizations.

  3. Standardizes the documentation process. for watcher appointments by requiring a written certificate from the appointing authority, which must be delivered to election inspectors—strengthening accountability and reducing confusion at polling places.

  4. Ensures watchers are local and not candidates. by reaffirming that watchers must be qualified voters in the area and cannot be candidates in the same election district, helping maintain impartiality and trust in the election process.

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Who cares

Headline styles

Expand Election Watcher Rights

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Anna Kaplan

Senator · Senate District 7

Chair, Commerce, Economic Development And Small Business

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. Referred to elections

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1525Assembly

Expand Election Watcher Rights

Signed by Governor · Sponsor David Buchwald

Impact 3 · LowSigned into law

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2425

2019-2020 Regular Sessions

IN SENATE

January 24, 2019

Introduced by Sen. KAPLAN -- 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 watchers during election

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 8-500 of the election law, as amended by chapter 9 of the laws of 1978, subdivisions 1 and 3 as amended by chapter 373 of the laws of 1978, and subdivision 4 as amended by chapter 254 of the laws of 2014, is amended to read as follows:

§ 8-500. Watchers; provision for. 1. At any general, special, town or village election, any party committee [or] and any independent body whose candidates are upon the ballot, [and at any primary election, any two or more candidates and any political committee] may have for each election district three watchers at any one time, not more than one of whom may be within the guard rail at any one time. Watchers shall be appointed by the [chairman] chair or other officer of any such party, committee or independent body [or by the candidates].

2. At any primary election, any party committee, any two or more candidates on the ballot and any political committee may have for each election district three watchers at any one time, not more than one of whom may be within the guard rail at any one time. Watchers shall be appointed by the chair or other officer of any such party, committee or by any two candidates.

3. Watchers may be present at the polling place at least fifteen minutes before the unlocking and examination of any voting machine or ballot box at the opening of the polls, until after the signing of the inspectors' returns and proclamation of the result.

[3.] 4. The appointment of watchers for any election shall be by a certificate in writing issued by the [chairman or secretary of the political party or independent body, or the candidates] appointing

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

[ ] is old law to be omitted.

LBD07189-01-9

S. 2425 2

authority. Such certificate shall be delivered to an inspector at the election district.

[4.] 5. Each watcher must be a qualified voter of the city or county in which he or she is to serve. No person shall be appointed or act as a watcher who is a candidate for any public office to be voted for by the voters of the election district in the same election in which the watcher is to serve. Nothing in this subdivision shall be construed as prohibiting any such candidate from visiting a polling place in such district on an election day while the polls are open.

§ 2. 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 watchers during election

Purpose or general idea of bill

To clarify the process for appointing poll watchers for any general, primary, special or village or town election.

Summary of specific provisions

Section 1 provides that at any general, special, town or village election, any party committee and any independent body whose candidates are upon the ballot, may have for each election district three watchers at any one time, not more than one of whom may be within the guard rail at any one time. Watchers shall be appointed by the chair or other offi- cer of any such party, committee or independent body.

Further provided, that at any primary election, any party committee, and any two or more candidates on the ballot and any political committee may have for each election district three watchers at any one time, not more than one of whom may be within the guard rail at any one time. Watchers shall be appointed by the chair or other officer of any such party, committee or by any two candidates.

Section 2 establishes the effective date.

Justification

Each year, the NYS Board of Elections receives numerous questions and complaints regarding the authority to appoint poll watchers for primary elections. Because of where the statutory language is regarding poll watchers for a primary election (EL § 8-500(1)) many have misinterpreted the governing statute. Since this issue generates a large amount of confusion, it is the recommendation of the NYS Board of Elections to remove the section relating to the appointment process for primary elections from EL § 8-500 (1) and move it to its own separate subdivision(2).

Prior legislative history

2017 - 2018: A.1259 (Buchwald) - Passed Assembly 146 to 0 in 2017 and 135 to 0 in 2018.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.