What's happening
This bill requires election inspectors at certain facilities to be facility employees, and allows mailed ballots if a facility does not comply.
Why it matters
Shifts responsibility for election inspection at certain facilities (such as nursing homes or similar institutions) to facility employees, rather than outside workers or board of election staff. This could affect the neutrality and familiarity of inspectors, potentially increasing trust among residents but raising concerns about impartiality.
Links access to absentee ballots directly to facility cooperation. If a facility does not allow its employees to serve as inspectors as required, all eligible residents will get absentee ballots by mail. This mechanism puts pressure on facilities to comply but also ensures residents aren’t disenfranchised if the facility refuses.
May alter voting logistics and privacy for vulnerable populations. Having facility employees manage ballots and voting areas could impact residents’ comfort and confidentiality, as well as the practical administration of in-person absentee voting.
Temporary measure with a built-in repeal. The law is set to expire at the end of 2020, signaling it may be a response to a specific, possibly emergency, situation (such as the COVID-19 pandemic), rather than a long-term policy shift.
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Who cares
Headline styles
Require Inspectors Be Facility Staff
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to elections
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8131
IN SENATE
March 24, 2020
Introduced by Sen. MAY -- 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 requiring board of inspectors be employees of certain facilities; and providing for the repeal of such provisions upon the expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 2, 5 and 7 of section 8-407 of the election law, as added by chapter 296 of the laws of 1988, are amended and a new subdivision 7-a is added to read as follows:
2. Such a board of elections shall appoint, in the same manner as other inspectors, one or more bi-partisan boards of inspectors, each composed of two such inspectors[. Such inspectors may be regular employees of such board of elections] who shall be employees of any facility referenced in subdivision one of this section.
5. The board of elections shall deliver to each board of inspectors all the absentee ballots in the custody of such board of elections which are addressed to residents of the facilities which such board of inspectors is [assigned to attend] employed at, together with one or more portable voting booths of a type approved by the state board of elections and such other supplies as such board of inspectors will require to discharge its duties properly.
7. It shall be the duty of each such superintendent, administrator or director to assist the board of inspectors [attending] at such facility in the discharge of its duties, including, but not limited to making available to such board of inspectors space within such facility suitable for the discharge of its duties.
7-a. In the event a facility refuses to comply with this section the board of elections may mail a ballot to every resident of such facility who has applied for an absentee ballot or is eligible to vote by absentee ballot.
§ 2. This act shall take effect immediately and shall expire and be deemed repealed December 31, 2020.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15872-02-0
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 requiring board of inspectors be employees of certain facilities; and providing for the repeal of such provisions upon the expiration thereof
Purpose or general idea of bill
This bill allows employees of nursing homes and other types of health care facilities referenced in section 8-407 in the election law to serve as poll worker inspectors, and requires administrators of such nursing homes and health care facilities to assist the inspectors in discharging their duties such as making space available. If any facility does not comply, every resident of such nursing home or health care facility must be permitted to vote by absentee ballot. Current law only permits inspectors to be regular employees of the board of elections.
Summary of provisions
Section 1: This bill authorizes any employees of any facility referenced in subdivision one of section 8-407 in the Election Law, which includes nursing homes and other health care facilities, to be poll inspectors.
This bill further requires such facilities to assist in the discharge the inspectors' duties including making space within the facility avail- able that is suitable for the discharge of the duties of an inspector.
This bill additionally provides that if a facility is to refuse to comply with this section, every resident of such facility who has applies for an absentee ballot or is eligible to vote by absentee ballot will be mailed a ballot by the board of elections.
Section 2: This act takes effect immediately but will be deemed repealed on December 31, 2020.
Justification
Due to concerns regarding the COVID-19 pandemic, elections procedure must better accommodate individuals wishing to vote safely. Protocol at nursing homes and health facilities make it challenging to maintain current law which permits poll inspectors employed by the board of elections to attend such facilities in order to dispense absentee ballots. This bill would allow employees of the nursing homes and facil- ities to step into the role of poll worker inspector as to not endanger its residents by allowing outside board of election employees to come in. The health facility employees would be permitted to provide absentee ballots to its residents. If a facility does not comply with this, the board of elections will be permitted to mail the absentee ballots so that residents at the nursing home or other health facility will not be disenfranchised.
Legislative history
New Bill
Fiscal implications
TBD
Effective date
This act shall take effect immediately and shall expire and be deemed repealed December 31, 2020.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.