S T A T E O F N E W Y O R K
________________________________________________________________________
8048
2023-2024 Regular Sessions
I N A S S E M B L Y
September 27, 2023
___________
Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to allowing individuals
registered with a non-major political party or registered as independ-
ent to serve as election inspectors and poll clerks in certain circum-
stances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3, 7 and 9 of section 3-400 of the election
law, subdivision 3 as renumbered by chapter 9 of the laws of 1978,
subdivision 7 as amended by chapter 293 of the laws of 2017, and subdi-
vision 9 as added by chapter 6 of the laws of 2019, are amended to read
as follows:
3. (A) Appointments to the offices of election inspector or poll clerk
in each election district, shall be equally divided between the major
political parties.
(B) AN INDIVIDUAL WHO IS REGISTERED WITH A NON-MAJOR POLITICAL PARTY
OR NOT REGISTERED WITH ANY POLITICAL PARTY MAY BE APPOINTED TO THE
OFFICES OF ELECTION INSPECTOR OR POLL CLERK ON BEHALF OF ONE OF THE
MAJOR POLITICAL PARTIES, SO LONG AS SUCH INDIVIDUAL DECLARES IN A CLEAR
AND CONCISE MANNER PRIOR TO SUCH APPOINTMENT WHICH MAJOR POLITICAL PARTY
THEY WILL BE WORKING ON BEHALF OF.
7. The board of elections may employ election inspectors to work split
shifts with adjusted compensation, provided, however, that at least one
inspector from each of the two major political parties, OR AN INDIVIDUAL
WORKING ON BEHALF OF ONE OF THE TWO MAJOR POLITICAL PARTIES PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, is present at the
poll site for the entire time that the polls are open. Each county board
of elections shall prescribe the necessary rules and procedures to
ensure proper poll site operation.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13027-01-3
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9. Notwithstanding any inconsistent provisions of this article,
election inspectors or poll clerks, if any, at polling places for early
voting, shall consist of either board of elections employees who shall
be appointed by the commissioners of such board or duly qualified indi-
viduals, appointed in the manner set forth in this section. Appoint-
ments to the offices of election inspector or poll clerk in each polling
place for early voting shall be equally divided between the major poli-
tical parties, PROVIDED, HOWEVER, AN INDIVIDUAL WHO IS REGISTERED WITH A
NON-MAJOR POLITICAL PARTY OR NOT REGISTERED WITH ANY POLITICAL PARTY MAY
BE APPOINTED TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK ON
BEHALF OF ONE OF THE MAJOR POLITICAL PARTIES IN EACH POLLING PLACE FOR
EARLY VOTING, SO LONG AS SUCH INDIVIDUAL DECLARES IN A CLEAR AND CONCISE
MANNER PRIOR TO SUCH APPOINTMENT WHICH MAJOR POLITICAL PARTY THEY WILL
BE WORKING ON BEHALF OF. The board of elections shall assign staff and
provide resources to ensure a voter's wait time to vote at an early
voting site shall not exceed thirty minutes.
§ 2. Subdivision 1 of section 3-402 of the election law is amended to
read as follows:
1. Election inspectors, in performing their duties, shall act as a
board and a majority vote thereof shall be required to decide all ques-
tions. If, however, any inspector or inspectors shall be temporarily
absent for a portion of the meeting, INCLUDING INDIVIDUALS WORKING ON
BEHALF OF ONE OF THE TWO MAJOR POLITICAL PARTIES PURSUANT TO PARAGRAPH
(B) OF SUBDIVISION THREE OF SECTION 3-400 OF THIS TITLE, the inspectors
present shall have and may exercise any power or perform any duty
conferred or imposed upon a board of inspectors, provided that they are
not all members of OR REPRESENTING ON BEHALF OF the same political
party.
§ 3. Subdivisions 5 and 7 of section 3-404 of the election law, subdi-
vision 5 as amended by chapter 263 of the laws of 1991 and subdivision 7
as amended by chapter 234 of the laws of 1976, are amended to read as
follows:
5. If a political party shall fail to submit a list or the list shall
be exhausted, the board of elections shall request from the appropriate
political party an original or supplemental list. If after ten days no
list is filed by that party, the board of elections may appoint quali-
fied persons, [enrolled members of the political party in default]
INCLUDING INDIVIDUALS WORKING ON BEHALF OF SUCH POLITICAL PARTY PURSUANT
TO PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION 3-400 OF THIS TITLE, to
act as election inspectors, poll clerks or election coordinators.
7. Election officers shall be appointed from the lists submitted, by
those members of the board who represent the political party which
submitted such lists. If such list is not furnished, the members of the
board who represent the political party in default, shall designate the
persons to be appointed as election officers AND MAY INCLUDE INDIVIDUALS
WORKING ON BEHALF OF ONE OF THE TWO MAJOR POLITICAL PARTIES PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION 3-400 OF THIS TITLE.
§ 4. Subdivisions 1 and 4 of section 3-406 of the election law are
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, PROVIDED, HOWEVER, THAT SUCH LIST MAY ALSO INCLUDE
INDIVIDUALS WORKING ON BEHALF OF A MAJOR POLITICAL PARTY PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION 3-400 OF THIS TITLE.
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Appointments under this section shall be made in the manner provided for
the appointment of regular election inspectors and for a like term.
4. If the board of elections shall determine that a vacancy exists
upon any board of inspectors or that any election inspector or poll
clerk is absent, and that no qualified voter has been appointed pursuant
to this chapter to act in place of such election inspector or poll
clerk, or to relieve any qualified voter who has been so appointed, it
shall forthwith direct a person appointed pursuant to this section to
act in place of the absent election inspector or poll clerk or qualified
voter so appointed until such absent election inspector or his appointed
successor shall appear; provided, however, that the additional election
inspector so appointed shall be a designee of the same political party,
OR WORKING ON BEHALF OF THE SAME POLITICAL PARTY PURSUANT TO PARAGRAPH
(B) OF SUBDIVISION THREE OF SECTION 3-400 OF THIS TITLE as the election
inspector in whose place he shall act. The board of elections shall
provide suitable identification for every additional election inspector
to present to the chairman of the board before entering upon the duties
of such office.
§ 5. 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 voter of the same city or
town to act in place of the absent inspector. SUCH QUALIFIED VOTER
APPOINTED MAY BE AN INDIVIDUAL WORKING ON BEHALF OF ONE OF THE MAJOR
POLITICAL PARTIES PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF
SECTION 3-400 OF THIS TITLE. If, however, any inspectors shall be tempo-
rarily 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 OR WORKING
ON BEHALF OF THE SAME PARTY PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
THREE OF SECTION 3-400 OF THIS TITLE shall act as inspectors and shall
appoint qualified voters of the same city or town who are members of the
same party OR WORKING ON BEHALF OF THE SAME PARTY PURSUANT TO PARAGRAPH
(B) OF SUBDIVISION THREE OF SECTION 3-400 OF THIS TITLE 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 voters of the same city or town, who are members
of the same party OR WORKING ON BEHALF OF THE SAME PARTY PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION 3-400 OF THIS TITLE as
such absent inspectors, to act as such inspectors and clerks, until the
inspectors or clerks duly appointed by the original appointing authori-
ty, 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
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of the same party who is present, shall appoint a qualified voter of the
same city or town who is a member of the same party OR WORKING ON BEHALF
OF THE SAME PARTY PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF
SECTION 3-400 OF THIS TITLE, 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.
§ 6. This act shall take effect immediately.