S T A T E   O F   N E W   Y O R K
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                                    49
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. QUART -- Multi-Sponsored by -- M. of A. LAVINE --
   read once and referred to the Committee on Election Law
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01480-01-1

 A. 49                               2
 
 ELECTION INSPECTORS, POLL CLERKS  AND  ELECTION  COORDINATORS  FROM  THE
 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,

 A. 49                               3
 
 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.
   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.