BILL NUMBER:S3373

TITLE OF BILL:  An act to amend the election law, in relation to watch-
ers

PURPOSE:   The bill authorizes attorneys to be poll watchers anywhere in
New York if they are state residents and licensed to practice law in the
state.

SUMMARY OF PROVISIONS:

Section 1: Amends Election Law section 8-500(4) to allow  attorneys  who
are state residents and licensed to practice law in the state to require
be watchers anywhere in the State.

Section 2: Provides for the Act to take effect immediately.

EXISTING  LAW:   Under current law, a poll watcher must be registered to
vote in the county in which he is to serve.

JUSTIFICATION:  Attorneys licensed to practice law in New York  are  not
restricted  in  their practices to any locality or court. They may prac-
tice before any court in the state, as well  as  before  the  boards  of
elections  everywhere  in  the state. They are also trained as observers
and  to  accurately  report  their  observations.  There  should  be  no
restriction  on  their ability to be in a polling place on election day,
              

                                BILL NUMBER:S3373A

TITLE OF BILL:  An act to amend the election law, in relation to
watchers

PURPOSE:

The bill authorizes attorneys to be poll watchers anywhere in New York
if they are state residents and licensed to practice law in the state.

SUMMARY OF PROVISIONS:

Section 1: Amends Election Law section 8-500(4) to allow attorneys who
are state residents and licensed to practice law in the state to
require be watchers anywhere in the State. Law school students
attending a law school in New York that is accredited by the American
Bar Association are also allowed to serve as poll watchers.

Section 2: Provides for the Act to take effect immediately.

EXISTING LAW: Under current law, a poll watcher must be registered to
vote in the county in which he is to serve.

JUSTIFICATION: Attorneys licensed to practice law in New York are not
restricted in their practices to any locality or court. They may
practice before any court in the state, as well as before the boards
              

of elections everywhere in the state. They are also trained as
observers and to accurately report their observations. There should be
no restriction on their ability to be in a polling place on Election
Day, where their skills can be invaluable in both detecting improper
conduct, such as voter intimidation and suppression, and
electioneering, and in obtaining a quick resolution of such unlawful
conduct by reporting it to the appropriate authorities, including
Election Day judges. For example, in 2006 lawyers serving as poll
watchers enabled Senator Andrea Steward-Cousins to win election by
acting to stop disruptions and voter suppression and intimidation
actions in the polls in Yonkers.

Additionally the current limitation bars out-of-state law students
from volunteering at all. Many law students attending schools in New
York State are eager to serve as poll watchers. It is a chance to
learn about election law, it provides an opportunity to put legal
skills to use, and it is a fantastic way to get involved. In 2013,
hundreds of law students from law schools across the New York City
expressed interest in volunteering to protect the vote. However, since
many of these law students were not registered to vote in New York
State, they were not able to serve as poll watchers. This law not only
denied those students a valuable learning opportunity, but it denies
New York of a large pool of potential poll watchers who could be
helping to protect the fundamental right to vote.

LEGISLATIVE HISTORY: 2011-2012: S.2348 Referred to Elections Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.