NY State Senate Bill 2017-S5610

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
Apr 20, 2017	referred to elections

2017-S5610 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§3-401, 3-406 & 3-418, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3972
2015-2016: S2735
2019-2020: S2518
2021-2022: S508

2017-S5610 (ACTIVE) - Summary

Relates to the appointment of election inspectors and poll clerks; provides that each board of elections submit a report detailing assignments of election inspectors and poll clerks; provides that each board of elections be required to fill vacancies by appointing individuals that appear on the additional inspector list.

2017-S5610 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5610

 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.

2017-S5610 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5610
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              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 ASSEM-
 BLY, 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  SPECIF-
 ICALLY  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 subdi-
 vision 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  ADDI-
 TIONAL  INSPECTOR  LIST  ESTABLISHED  PURSUANT  TO SECTION 3-406 OF THIS
 TITLE UNTIL SUCH ADDITIONAL INSPECTOR LIST IS EXHAUSTED. ONCE THE  ADDI-
 TIONAL  INSPECTOR  LIST  IS  EXHAUSTED, THE INSPECTOR PRESENT WHO IS THE
 DESIGNEE OF THE SAME PARTY AS THE ABSENT INSPECTOR SHALL APPOINT a qual-
 ified 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 INSPEC-
 TOR  LIST IS EXHAUSTED, THE INSPECTOR OR INSPECTORS PRESENT, OR IN THEIR
 ABSENCE THE POLL CLERK OR CLERKS PRESENT, IF ANY, SHALL  APPOINT  quali-
 fied  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.

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Senate Bill S5610

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S5610 (ACTIVE) - Details

2017-S5610 (ACTIVE) - Summary

2017-S5610 (ACTIVE) - Sponsor Memo

2017-S5610 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5610

Share this bill

Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S5610 (ACTIVE) - Details

2017-S5610 (ACTIVE) - Summary

2017-S5610 (ACTIVE) - Sponsor Memo

2017-S5610 (ACTIVE) - Bill Text download pdf

Comments