NY State Senate Bill 2023-S5193B

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2024	print number 5193b
May 14, 2024	amend and recommit to elections
Jan 16, 2024	print number 5193a
Jan 16, 2024	amend and recommit to elections
Jan 03, 2024	referred to elections
Feb 27, 2023	referred to elections

2023-S5193 - Details

See Assembly Version of this Bill:: A2408
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §8-501, El L
Versions Introduced in 2021-2022 Legislative Session:: S4725, A5389

2023-S5193 - Summary

Establishes a nonpartisan poll monitoring program.

2023-S5193 - Sponsor Memo

                                 
BILL NUMBER: S5193

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the election law, in relation to establishing nonparti-
san poll monitors

 
PURPOSE:

To establish nonpartisan poll monitors.

 
SUMMARY OF PROVISIONS:

Section One: Amends the election law by adding a new section 8-501
Subsection (1): Includes definitions for "civic organization" and
"ballot issue committee."

Subsection (2): States, in addition to watchers appointed pursuant to
section 8-500 of election law, nonpartisan poll monitors may be
appointed by a civics organization or a ballot issue committee.

Subsection (3): Entitles each civic organization and each ballot issue
committee to appoint no more than two nonpartisan poll monitors per
polling place.

Subsection (4): Requires those civic organizations or ballot issue
committees desiring to appoint nonpartisan poll monitors to file with
the state board of elections, not less than thirty days and not more
than forty-five days before an election, a statement setting forth the
intention of the organization or committee to appoint nonpartisan poll
monitors.

Subsection (5): Requires the executives of the state board of elections,
not later than two business days after receipt of a statement of intent,
to approve or deny the organization's or committee's authorization to
appoint nonpartisan poll monitors and notify the organization or commit-
tee of that approval or denial.  Authorization shall only be denied on
the basis that the applying organization or committee fails to satisfy
the requirements set forth in this section. If denied, an organization
or committee may appeal the denial with the commissioners of the state
board of elections not later than two business days after receipt of the
denial. The commissioners must review the denial and approve or deny the
appeal not later than two business days after receipt of an appeal.

Subsection (6): Requires the state board of elections, no later than
fifteen days before an election, to send a list of all organizations or
committees that have been approved to appoint nonpartisan poll monitors
to all county boards of elections.

Subsection (7): Requires all nonpartisan poll members to wear a badge
with their name and the name of the civic organization or committee the
individual is representing. Also requires all nonpartisan poll members
to have proper credentials, which shall be issued by and under the
facsimile signatures of the relevant board of elections and shall be
available for distribution by the relevant board of elections at least
ten days prior to the election.


Subsection (8): Requires appointed nonpartisan poll monitors to be
registered to vote in the county or city in which the polling place to
which they are assigned as a nonpartisan poll monitor. Includes those
individuals prohibited from being appointed as nonpartisan poll moni-
tors.

Subsection (9): Includes permissible actions of a nonpartisan poll moni-
tor.

Subsection (10): Includes the poll monitor credentials form, which must
be presented to an election inspector upon entering any polling place to
which they may be assigned. Subsection (11): Requires the nonpartisan
poll monitor to turn in credentials to an election inspector at the
final polling location in which a monitor visits and returned to the
board of elections at the end of the day of election with other election
materials. Allows a nonpartisan poll monitor to leave and reenter the
polling place provided that such action does not disrupt the conduct of
the election. Nonpartisan poll monitors may be substituted during the
course of the day, but qualified civic organizations can have only as
may nonpartisan poll monitors at any given time are authorized in this
section.

Subsection (12): Mandates no more than two nonpartisan poll monitors
from any organization or committee at any polling place at the same
time. If more than one organization or committee assigns nonpartisan
poll monitors to the same polling place, then election inspectors may
limit the number of nonpartisan poll monitors, with only one monitor
from each organization or committee within the polling place at the same
time, up to a limit of four separate organizations or committees.

Section Two: Effective date

 
JUSTIFICATION:

The right to vote and be heard is fundamental to democracy.  Unfortu-
nately, it is not uncommon for eligible voters to become discouraged
from voting or wrongly turned away from the polls. Over the past few
years, we have seen a disturbing increase in the number and scope of
attempts to suppress the votes of American citizens.  This legislation
proposes to protect the rights of voters by certifying nonpartisan poll
monitors responsible for observing and monitoring the integrity of poll-
ing as well as helping to ensure voters know their rights and are able
to cast their votes. This bill seeks to certify nonpartisan poll moni-
tors who can report and solve issues that may arise at an election site.

 
LEGISLATIVE HISTORY:

Senate

2021-2022: S4725, Referred to Elections

Assembly

2021-2022: A5389, reported to Election Law

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5193 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5193
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 establishing  nonparti-
   san poll monitors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The election law is amended by adding a new  section  8-501
 to read as follows:
   §  8-501.  NONPARTISAN  POLL  MONITOR.  1.  FOR  THE  PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CIVIC ORGANIZATION" SHALL MEAN  ANY  CORPORATION,  UNINCORPORATED
 ASSOCIATION, OR ORGANIZATION THAT:
   (I) CONSISTS OF CITIZENS INTERESTED IN PROVIDING VOTER INFORMATION AND
 EDUCATION,   THE  PROTECTION  OF  INDIVIDUAL  VOTERS'  RIGHTS,  AND  THE
 PROMOTION OF FREE AND EQUAL ELECTION;
   (II) AS PART OF ITS WRITTEN  ARTICLES  OF  INCORPORATION,  BYLAWS,  OR
 CHARTER  OR  BY  SEPARATE  WRITTEN  DECLARATION,  HAS  AMONG  ITS STATED
 PURPOSES  THE  PROVISION  OF  VOTER  INFORMATION  AND   EDUCATION,   THE
 PROTECTION  OF  INDIVIDUAL  VOTERS'  RIGHTS,  AND THE PROMOTION OF FREE,
 FAIR, ACCESSIBLE AND SECURE ELECTIONS;
   (III) IS ORGANIZED OR PRIMARILY CONDUCTS  ITS  ACTIVITIES  WITHIN  THE
 STATE OF NEW YORK; AND
   (IV)  CONTINUOUSLY MAINTAINS AN OFFICE OR BUSINESS LOCATION WITHIN THE
 STATE OF NEW YORK, TOGETHER WITH A CURRENT LISTED TELEPHONE  NUMBER  FOR
 NO  LESS THAN ONE YEAR PRIOR TO FILING THE STATEMENT SPECIFIED IN SUBDI-
 VISION FOUR OF THIS SECTION.
   (B) "BALLOT ISSUE COMMITTEE" SHALL MEAN A POLITICAL  COMMITTEE  FORMED
 TO PROMOTE THE SUCCESS OR DEFEAT OF ANY BALLOT PROPOSAL.
   2.  IN ADDITION TO THE WATCHERS APPOINTED PURSUANT TO SECTION 8-500 OF
 THIS TITLE, NONPARTISAN POLL MONITORS  MAY  BE  APPOINTED  BY  A  CIVICS
 ORGANIZATION OR A BALLOT ISSUE COMMITTEE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05232-01-3

 S. 5193                             2
 
   3.  EACH  CIVIC  ORGANIZATION AND EACH BALLOT ISSUE COMMITTEE SHALL BE
 ENTITLED TO APPOINT NO MORE THAN TWO NONPARTISAN POLL MONITORS PER POLL-
 ING PLACE.
   4.  NOT LESS THAN THIRTY DAYS AND NOT MORE THAN FORTY-FIVE DAYS BEFORE
 AN ELECTION, A CIVIC ORGANIZATION OR BALLOT ISSUE COMMITTEE, DESIRING TO
 APPOINT NONPARTISAN POLL MONITORS SHALL FILE WITH  THE  STATE  BOARD  OF
 ELECTIONS A STATEMENT SETTING FORTH THE INTENTION OF THE ORGANIZATION OR
 COMMITTEE TO APPOINT NONPARTISAN POLL MONITORS.
   (A)  THE STATEMENT SHALL BE SIGNED AND SWORN TO BY THE CHIEF PRESIDING
 OFFICER, THE SECRETARY, OR SOME OTHER OFFICER  OF  THE  ORGANIZATION  OR
 COMMITTEE AND SHALL SET FORTH:
   (I)  THE  REASON WHY THE ORGANIZATION OR COMMITTEE CLAIMS THE RIGHT TO
 APPOINT NONPARTISAN POLL MONITORS;
   (II) PROVIDE THE NAMES AND ADDRESSES OF ITS PRINCIPAL OFFICERS;
   (III) A STATEMENT SPECIFYING THE CIVIC ORGANIZATION  OR  BALLOT  ISSUE
 COMMITTEE'S OFFICE ADDRESS AND PHONE NUMBER; AND
   (IV)  VERIFICATION  OF  LENGTH OF TIME IT HAS MAINTAINED AN OFFICE AND
 PHONE IN NEW YORK, IF A CIVIC ORGANIZATION OR, IF A BALLOT ISSUE COMMIT-
 TEE, VERIFYING THAT  IT  HAS  SATISFIED  ITS  FILING  OBLIGATIONS  UNDER
 SECTION 14-118 OF THIS CHAPTER.
   (B)  THE  BOARD OF ELECTIONS MAY DENY AN ORGANIZATION OR COMMITTEE THE
 AUTHORIZATION TO APPOINT NONPARTISAN POLL MONITORS IF THAT  ORGANIZATION
 OR  COMMITTEE  FAILS  TO  FURNISH  EVIDENCE SATISFACTORY TO THE BOARD OF
 ELECTIONS THAT THE ORGANIZATION OR COMMITTEE IS DEVOTED TO THE  PURPOSES
 ENUMERATED  OR HAS MAINTAINED AN OFFICE AND A PUBLICIZED PHONE NUMBER IN
 NEW YORK STATE FOR NO LESS THAN ONE YEAR.
   5. NOT LATER THAN TWO BUSINESS DAYS AFTER RECEIPT OF  A  STATEMENT  OF
 INTENT  TO  APPOINT  NONPARTISAN POLL MONITORS UNDER SUBDIVISION FOUR OF
 THIS SECTION, THE EXECUTIVE DIRECTORS OF THE STATE  BOARD  OF  ELECTIONS
 SHALL APPROVE OR DENY THE ORGANIZATION'S OR COMMITTEE'S AUTHORIZATION TO
 APPOINT NONPARTISAN POLL MONITORS AND NOTIFY THE ORGANIZATION OR COMMIT-
 TEE  OF  THAT APPROVAL OR DENIAL.  AUTHORIZATION SHALL ONLY BE DENIED ON
 THE BASIS THAT THE APPLYING ORGANIZATION OR COMMITTEE FAILS  TO  SATISFY
 THE  REQUIREMENTS  OF PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION.
 IF AUTHORIZATION IS DENIED UNDER THIS SUBDIVISION,  AN  ORGANIZATION  OR
 COMMITTEE  MAY  APPEAL  THE  DENIAL  WITH THE COMMISSIONERS OF THE STATE
 BOARD OF ELECTIONS NOT LATER THAN TWO BUSINESS DAYS AFTER RECEIPT OF THE
 DENIAL. NOT LATER THAN TWO BUSINESS DAYS AFTER RECEIPT OF AN APPEAL OF A
 DENIAL UNDER THIS SUBDIVISION, THE COMMISSIONERS SHALL REVIEW THE EXECU-
 TIVE DIRECTORS DENIAL AND APPROVE OR DENY THE ORGANIZATION'S OR  COMMIT-
 TEE'S  AUTHORIZATION  TO APPOINT MONITORS AND NOTIFY THE ORGANIZATION OR
 COMMITTEE AND THE EXECUTIVE DIRECTORS OF THAT DECISION.
   6. NO LATER THAN FIFTEEN DAYS BEFORE AN ELECTION, THE STATE  BOARD  OF
 ELECTIONS SHALL SEND A LIST OF ALL ORGANIZATIONS OR COMMITTEES THAT HAVE
 BEEN  APPROVED TO APPOINT NONPARTISAN POLL MONITORS TO ALL COUNTY BOARDS
 OF ELECTIONS.
   7. ALL NONPARTISAN POLL MONITORS SHALL BE REQUIRED  TO  WEAR  A  BADGE
 WITH  THEIR NAME AND THE NAME OF THE CIVIC ORGANIZATION OR COMMITTEE THE
 INDIVIDUAL IS REPRESENTING, AND TO HAVE PROPER CREDENTIALS. SUCH CREDEN-
 TIALS SHALL BE ISSUED BY AND UNDER THE FACSIMILE SIGNATURES OF THE RELE-
 VANT BOARD OF ELECTIONS AND SHALL BE AVAILABLE FOR DISTRIBUTION  BY  THE
 RELEVANT  BOARD  OF  ELECTIONS  AT LEAST TEN DAYS PRIOR TO THE ELECTION.
 SUCH CREDENTIALS SHALL BE AUTHORIZED BY THE REAL OR FACSIMILE  SIGNATURE
 OF  THE  PRESIDING OFFICER OF THE CIVIC ORGANIZATION OR THE CHAIR OF THE
 BALLOT ISSUE COMMITTEE, AS THE CASE MAY BE. THE PRESIDING OFFICER OF THE
 CIVIC ORGANIZATION OR THE CHAIR OF THE BALLOT ISSUE COMMITTEE SHALL  NOT
 S. 5193                             3
 
 BE  REQUIRED TO SUBMIT THE NAMES OR OTHER INFORMATION CONCERNING NONPAR-
 TISAN POLL MONITORS BEFORE MAKING CREDENTIALS AVAILABLE TO SUCH  PERSONS
 OR ORGANIZATIONS.
   8.  FOR ALL ELECTIONS, APPOINTED NONPARTISAN POLL MONITORS PURSUANT TO
 THIS SECTION SHALL BE REGISTERED TO VOTE IN THE COUNTY OR CITY IN  WHICH
 THE POLLING PLACE TO WHICH THEY ARE ASSIGNED AS A NONPARTISAN POLL MONI-
 TOR  IS  LOCATED.    NO  PERSON  SHALL BE QUALIFIED FOR APPOINTMENT AS A
 NONPARTISAN POLL MONITOR:
   (A) WHO IS NOT A REGISTERED VOTER IN THE COUNTY IN WHICH THE POLL SITE
 THEY WILL MONITOR IS LOCATED;
   (B) WHO IS A CANDIDATE FOR ANY OFFICE TO BE VOTED FOR AT THE ELECTION;
   (C) WHO IS A SPOUSE, PARENT, CHILD, BROTHER OR SISTER OF ANY CANDIDATE
 TO BE VOTED FOR AT THE ELECTION;
   (D) WHO IS MARRIED TO A PARENT, CHILD, BROTHER OR SISTER OF ANY CANDI-
 DATE TO BE VOTED FOR AT THE ELECTION OR WHO IS THE PARENT OF THE  SPOUSE
 OF ANY CANDIDATE TO BE VOTED FOR AT THE ELECTION; OR
   (E) WHO IS A SHERIFF, DEPUTY SHERIFF, MARSHAL, DEPUTY MARSHAL OR STATE
 OR MUNICIPAL POLICE OFFICER.
   9.  A  NONPARTISAN POLL MONITOR APPOINTED PURSUANT TO THIS SECTION MAY
 DO ONE OR MORE OF THE FOLLOWING:
   (A) OBSERVE THE MANNER IN WHICH THE DUTIES OF THE ELECTION  INSPECTORS
 ARE BEING PERFORMED.
   (B) BRING TO AN ELECTION INSPECTOR'S ATTENTION ANY OF THE FOLLOWING:
   (I) IMPROPER HANDLING OF A BALLOT BY AN ELECTOR OR ELECTION INSPECTOR.
   (II)  CAMPAIGNING  OR  ELECTIONEERING  BEING  PERFORMED BY AN ELECTION
 INSPECTOR OR OTHER PERSON IN VIOLATION OF THIS CHAPTER.
   (III) AN ELECTION PROCEDURE THAT IS NOT BEING PROPERLY PERFORMED.
   (IV) A VIOLATION OF ELECTION LAW OR OTHER PRESCRIBED  ELECTION  PROCE-
 DURE.
   (C)  REMAIN  DURING  THE  CANVASS  OF VOTES AND UNTIL THE STATEMENT OF
 RETURNS IS DULY SIGNED AND MADE.
   (D) ASSIST ANY VOTER UPON REQUEST.
   (E) KEEP RECORDS OF VOTES CAST AND OTHER ELECTION  PROCEDURES  AS  THE
 NONPARTISAN POLL MONITOR DESIRES.
   10.  NONPARTISAN  POLL  MONITORS SHALL PRESENT THEIR CREDENTIALS TO AN
 ELECTION INSPECTOR UPON ENTERING ANY POLLING PLACE TO WHICH THEY MAY  BE
 ASSIGNED,  WHICH  CREDENTIALS  SHALL  BE  IN SUBSTANTIALLY THE FOLLOWING
 FORM:
 
                         POLL MONITOR CREDENTIALS
 IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION LAW,  THE  UNDERSIGNED
 IS  AUTHORIZED  TO APPOINT __________ (NAME OF POLL MONITOR) WHO RESIDES
 AT ___________ (ADDRESS) IN THE COUNTY OF ___________, __________ (TOWN-
 SHIP OR MUNICIPALITY) OF ______________ (NAME), STATE OF  NEW  YORK  AND
 WHO IS DULY REGISTERED TO VOTE FROM THIS ADDRESS, TO ACT AS A POLL MONI-
 TOR IN ELECTION DISTRICT # ___ OF ASSEMBLY DISTRICT # ____ {OR, ALTERNA-
 TIVELY, AT THE POLLING PLACE LOCATED AT ______} OF THE _______ (TOWNSHIP
 OR  MUNICIPALITY)  OF ___________ AT THE ___________(SPECIAL, PRIMARY OR
 GENERAL) ELECTION TO BE HELD ON (INSERT DATE).
 
 ___________________________________(SIGNATURE OF  APPOINTING  AUTHORITY)
 ___________________________________TITLE ( CIVIC ORGANIZATION PRESIDENT,
                                    BALLOT ISSUE COMMITTEE CHAIR)
 
 UNDER PENALTY OF PERJURY, THE UNDERSIGNED POLL MONITOR CERTIFIES THAT HE
 OR  SHE  RESIDES  AT _______________(ADDRESS) IN THE COUNTY OF _________
 S. 5193                             4
 
 (TOWNSHIP OR MUNICIPALITY) OF __________ (NAME), STATE OF NEW YORK,  AND
 IS DULY REGISTERED TO VOTE IN NEW YORK.
 
 __________________________         ___________________________
 (ELECTION DISTRICT & ASSEMBLY      (SIGNATURE OF POLL MONITOR)
 DISTRICT IN
 WHICH POLL MONITOR RESIDES)
   11.  NONPARTISAN POLL MONITOR CREDENTIALS PROPERLY EXECUTED AND SIGNED
 SHALL BE PROOF OF THE QUALIFICATIONS OF  THE  NONPARTISAN  POLL  MONITOR
 AUTHORIZED  THEREBY.  AFTER  PRESENTING  SUCH CREDENTIALS TO AN ELECTION
 INSPECTOR, THE CREDENTIALS ARE RETAINED BY THE MONITOR BUT TURNED IN  TO
 AN  ELECTION  INSPECTOR  AT  THE  FINAL POLLING LOCATION WHICH A MONITOR
 VISITS AND RETURNED TO THE RELEVANT BOARD OF ELECTIONS AT THE END OF THE
 DAY OF ELECTION WITH THE OTHER ELECTION MATERIALS.  A  NONPARTISAN  POLL
 MONITOR  MAY  LEAVE  AND  REENTER  THE  POLLING PLACE PROVIDED THAT SUCH
 CONTINUING ACTION DOES NOT DISRUPT THE CONDUCT OF THE ELECTION.  NONPAR-
 TISAN POLL MONITORS MAY BE SUBSTITUTED DURING THE COURSE OF THE DAY, BUT
 QUALIFIED CIVIC ORGANIZATIONS CAN HAVE ONLY  AS  MANY  NONPARTISAN  POLL
 MONITORS  AT ANY GIVEN TIME AS ARE AUTHORIZED IN THIS SECTION. A SUBSTI-
 TUTE SHALL PRESENT HIS OR HER SIGNED CREDENTIAL  TO  THE  INSPECTORS  OF
 ELECTION  UPON  ENTERING  THE  POLLING PLACE AND SHALL WEAR THE REQUIRED
 BADGE.
   12. THERE SHALL BE NO MORE THAN TWO NONPARTISAN POLL MONITORS FROM ANY
 ORGANIZATION OR COMMITTEE AT ANY POLLING PLACE AT THE SAME TIME. IF MORE
 THAN ONE ORGANIZATION OR COMMITTEE ASSIGNS NONPARTISAN POLL MONITORS  TO
 THE SAME POLLING PLACE, THEN ELECTION INSPECTORS MAY LIMIT THE NUMBER OF
 NONPARTISAN  POLL MONITORS, WITH ONLY ONE MONITOR FROM EACH ORGANIZATION
 OR COMMITTEE WITHIN THE POLLING PLACE AT THE SAME TIME, UP TO A LIMIT OF
 FOUR SEPARATE ORGANIZATIONS OR COMMITTEES.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S5193A - Details

See Assembly Version of this Bill:: A2408
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §8-501, El L
Versions Introduced in 2021-2022 Legislative Session:: S4725, A5389

2023-S5193A - Summary

Establishes a nonpartisan poll monitoring program.

2023-S5193A - Sponsor Memo

                                 
BILL NUMBER: S5193A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the election law, in relation to establishing nonparti-
san poll monitors

 
PURPOSE:

To establish nonpartisan poll monitors.

 
SUMMARY OF PROVISIONS:

Section One: Amends the election law by adding a new section 8-501

Subdivision (1): Includes definitions for "civic organization" and
"ballot issue committee."

Subdivision (2): States, in addition to watchers appointed pursuant to
section 8-500 of election law, nonpartisan poll monitors may be
appointed by a civic organization or a ballot issue committee.

Subdivision (3): Entitles each civic organization and each ballot issue
committee to appoint no more than two nonpartisan poll monitors per
polling place.

Subdivision (4): Requires those civic organizations or ballot issue
committees desiring to appoint nonpartisan poll monitors to file with
the state board of elections, not less than thirty-two days and not more
than forty-five days before an election, a statement setting forth the
intention of the organization or committee to appoint nonpartisan poll
monitors. Such statement shall be accompanied by a copy of the instruc-
tional materials the organization or committee will use to train its
poll monitors, a copy of the volunteer pledge which its poll monitors
will sign after receiving the training, a written commitment to train
its poll monitors in accordance with the provided instructional materi-
als, and a statement whether the requested approval is for the next
immediate election or for all elections occurring in the current calen-
dar year. The board of elections may deny an organization or committee
the authorization to appoint nonpartisan poll monitors if insufficient
evidence is furnished to the board, for inadequate instructional materi-
als, or for failure to provide a satisfactory volunteer pledge form.

Subdivision (5): Requires the executives of the state board of
elections, not less than the twenty-eighth day before the upcoming
election and no later than two business days after receipt of a state-
ment of intent, to approve or deny the organization's or committee's
authorization to appoint nonpartisan poll monitors' and notify the
organization or committee of that approval or denial.  Authorization
shall only be denied on the basis that the applying organization or
committee fails to satisfy the requirements set forth in this section.
If denied, an organization or committee may appeal the denial with the
commissioners of the state board of elections not later than two busi-
ness days after issue of the denial. The commissioners must review the
denial and approve or deny the appeal not later than two business days
after receipt of an appeal.


Subdivision (6): Requires the state board of elections, no later than
fifteen days before an election, to send a list of all organizations or
committees that have been approved to appoint nonpartisan poll monitors
to all county boards of elections.

Subdivision (7): Requires all nonpartisan poll members to wear a badge
with their name and the name of the civic organization or committee the
individual is representing. Also requires all nonpartisan poll members
to have proper credentials, which shall be issued by and under the
facsimile signatures of the relevant board of elections and shall be
available for distribution by the relevant board of elections at least
ten days prior to the election.

Subdivision (8): Requires appointed nonpartisan poll monitors to be
registered to vote in the county or city in which the polling place to
which they are assigned as a nonpartisan poll monitor, except that resi-
dents aged sixteen and seventeen who are currently residing and enrolled
in school in such county or city may serve as nonpartisan poll monitors.

Subdivision (9): Includes those individuals prohibited from being
appointed as nonpartisan poll monitors.

Subdivision (10): Includes actions which a nonpartisan poll monitored is
not permitted to take.

Subdivision (11): Includes permissible actions of a nonpartisan poll
monitor.

Subdivision (12): Includes the poll monitor credentials form, which must
be presented to an election inspector upon entering any polling place to
which they may be assigned.

Subdivision (13): Requires the nonpartisan poll monitor to turn in
credentials to an election inspector at the final polling location in
which a monitor visits and returned to the board of elections at the end
of the day of election with other election materials. Allows a nonparti-
san poll monitors to leave and reenter the polling place provided that
such action does not disrupt the conduct of the election. Nonpartisan
poll monitors may be substituted during the course of the day, but qual-
ified civic organizations can have only as may nonpartisan poll monitors
at any given time are authorized in this section.

Subdivision (14): Mandates no more than two nonpartisan poll monitors
from any organization or committee at any polling place at the same
time. If more than one organization or committee assigns nonpartisan
poll monitors to the same polling place, then election inspectors may
limit the number of nonpartisan poll monitors, with only one monitor
from each organization or committee within the polling place at the same
time, up to a limit of four separate organizations or committees.

Section Two: Effective date

 
JUSTIFICATION:

The right to vote and be heard is fundamental to democracy.  Unfortu-
nately, it is not uncommon for eligible voters to become discouraged
from voting or wrongly turned away from the polls. Over the past few
years, we have seen a disturbing increase in the number and scope of
attempts to suppress the votes of American citizens.  This legislation
proposes to protect the rights of voters by certifying nonpartisan poll
monitors responsible for observing and monitoring the integrity of poll-
ing as well as helping to ensure voters know their rights and are able
to cast their votes. This bill seeks to certify nonpartisan poll moni-
tors who can report and solve issues that may arise at an election site.

 
LEGISLATIVE HISTORY:

Senate

2021-2022: S4725, Referred to Elections

Assembly

2021-2022: A5389, reported to Election Law

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5193A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5193--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections  --  recommitted
   to the Committee on Elections in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the election law, in relation to establishing  nonparti-
   san poll monitors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election law is amended by adding a new  section  8-501
 to read as follows:
   §  8-501.  NONPARTISAN  POLL  MONITOR.  1.  FOR  THE  PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CIVIC ORGANIZATION" SHALL MEAN  ANY  CORPORATION,  UNINCORPORATED
 ASSOCIATION, OR ORGANIZATION THAT:
   (I) CONSISTS OF CITIZENS INTERESTED IN PROVIDING VOTER INFORMATION AND
 EDUCATION,   THE  PROTECTION  OF  INDIVIDUAL  VOTERS'  RIGHTS,  AND  THE
 PROMOTION OF FREE AND EQUAL ELECTION;
   (II) AS PART OF ITS WRITTEN  ARTICLES  OF  INCORPORATION,  BYLAWS,  OR
 CHARTER  OR  BY  SEPARATE  WRITTEN  DECLARATION,  HAS  AMONG  ITS STATED
 PURPOSES  THE  PROVISION  OF  VOTER  INFORMATION  AND   EDUCATION,   THE
 PROTECTION  OF  INDIVIDUAL  VOTERS'  RIGHTS,  AND THE PROMOTION OF FREE,
 FAIR, ACCESSIBLE AND SECURE ELECTIONS;
   (III) IS ORGANIZED OR PRIMARILY CONDUCTS  ITS  ACTIVITIES  WITHIN  THE
 STATE OF NEW YORK; AND
   (IV)  CONTINUOUSLY MAINTAINS AN OFFICE OR BUSINESS LOCATION WITHIN THE
 STATE OF NEW YORK, TOGETHER WITH A CURRENT LISTED TELEPHONE  NUMBER  FOR
 NO  LESS THAN ONE YEAR PRIOR TO FILING THE STATEMENT SPECIFIED IN SUBDI-
 VISION FOUR OF THIS SECTION.
   (B) "BALLOT ISSUE COMMITTEE" SHALL MEAN A POLITICAL  COMMITTEE  FORMED
 TO PROMOTE THE SUCCESS OR DEFEAT OF ANY BALLOT PROPOSAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05232-11-4

 S. 5193--A                          2
 
   2.  IN ADDITION TO THE WATCHERS APPOINTED PURSUANT TO SECTION 8-500 OF
 THIS TITLE, NONPARTISAN POLL MONITORS MAY BE APPOINTED BY A CIVIC ORGAN-
 IZATION OR A BALLOT ISSUE COMMITTEE.
   3.  EACH  CIVIC  ORGANIZATION AND EACH BALLOT ISSUE COMMITTEE SHALL BE
 ENTITLED TO APPOINT NO MORE THAN TWO NONPARTISAN POLL MONITORS PER POLL-
 ING PLACE.
   4. NOT LESS THAN THIRTY-TWO DAYS AND NOT  MORE  THAN  FORTY-FIVE  DAYS
 BEFORE  THE FIRST ELECTION FOR WHICH THE ORGANIZATION OR COMMITTEE PLANS
 TO APPOINT NONPARTISAN POLL MONITORS, THE STATE BOARD OF ELECTIONS SHALL
 RECEIVE A STATEMENT FROM ANY  ORGANIZATION  OR  BALLOT  ISSUE  COMMITTEE
 DESIRING  TO  APPOINT NONPARTISAN POLL MONITORS SETTING FORTH THE INTEN-
 TION OF THE ORGANIZATION OR COMMITTEE TO APPOINT NONPARTISAN POLL  MONI-
 TORS.
   (A)  THE STATEMENT SHALL BE SIGNED AND SWORN TO BY THE CHIEF PRESIDING
 OFFICER, THE SECRETARY, OR SOME OTHER OFFICER  OF  THE  ORGANIZATION  OR
 COMMITTEE AND SHALL SET FORTH:
   (I)  THE  REASON WHY THE ORGANIZATION OR COMMITTEE CLAIMS THE RIGHT TO
 APPOINT NONPARTISAN POLL MONITORS;
   (II) THE NAMES AND ADDRESSES OF ITS PRINCIPAL OFFICERS;
   (III) A STATEMENT SPECIFYING THE CIVIC ORGANIZATION  OR  BALLOT  ISSUE
 COMMITTEE'S  OFFICE  ADDRESS,  PHONE  NUMBER  AND  AN EMAIL TO WHICH ALL
 FUTURE COMMUNICATIONS SHALL BE ADDRESSED; AND
   (IV) VERIFICATION OF LENGTH OF TIME IT HAS MAINTAINED  AN  OFFICE  AND
 PHONE IN NEW YORK, IF A CIVIC ORGANIZATION OR, IF A BALLOT ISSUE COMMIT-
 TEE,  VERIFYING  THAT  IT  HAS  SATISFIED  ITS  FILING OBLIGATIONS UNDER
 SECTION 14-118 OF THIS CHAPTER.
   (B) SUCH STATEMENT SHALL ALSO BE ACCOMPANIED BY:
   (I) A COPY OF THE INSTRUCTIONAL MATERIALS THE ORGANIZATION OR  COMMIT-
 TEE WILL USE TO TRAIN POLL MONITORS REGARDING VOTERS' RIGHTS, AS WELL AS
 BASIC ELECTION DAY AND VOTING PROCEDURES UNDER THE ELECTION LAW;
   (II)  A COPY OF THE VOLUNTEER PLEDGE WHICH THE ORGANIZATION OR COMMIT-
 TEE REQUIRES ITS POLL MONITORS TO SIGN  AFTER  RECEIVING  THE  TRAINING,
 WHICH  EXPLAINS WHAT IT MEANS TO BE A NONPARTISAN POLL MONITOR, ACKNOWL-
 EDGES THE OBLIGATION TO STRICTLY MAINTAIN NONPARTISAN STATUS WHILE SERV-
 ING AS A POLL MONITOR FOR THE APPOINTING ORGANIZATION OR COMMITTEE,  AND
 AGREES TO ABIDE BY THE RESTRICTIONS SET FORTH IN SUBDIVISION TEN OF THIS
 SECTION;
   (III)  A  WRITTEN  COMMITMENT  TO TRAIN ITS VOLUNTEER POLL MONITORS IN
 ACCORDANCE WITH THE PROVIDED INSTRUCTIONAL MATERIALS AND RETAIN A SIGNED
 COPY OF EACH ASSIGNED POLL MONITOR'S VOLUNTEER PLEDGE, EXECUTED PURSUANT
 SUBPARAGRAPH (II) OF THIS PARAGRAPH, PRIOR TO ASSIGNING THAT POLL  MONI-
 TOR  TO  A POLLING PLACE, SIGNED UNDER PENALTY OF PERJURY BY A PRINCIPAL
 OFFICER; AND
   (IV) A STATEMENT WHETHER THE REQUESTED APPROVAL IS FOR THE NEXT  IMME-
 DIATE  ELECTION  OR  FOR ALL ELECTIONS OCCURRING IN THE CURRENT CALENDAR
 YEAR SUBSEQUENT TO THE DATE OF APPLICATION.
   (C) THE BOARD OF ELECTIONS MAY DENY AN ORGANIZATION OR  COMMITTEE  THE
 AUTHORIZATION  TO APPOINT NONPARTISAN POLL MONITORS IF THAT ORGANIZATION
 OR COMMITTEE FAILS TO FURNISH EVIDENCE  SATISFACTORY  TO  THE  BOARD  OF
 ELECTIONS  THAT THE ORGANIZATION OR COMMITTEE IS DEVOTED TO THE PURPOSES
 ENUMERATED OR HAS MAINTAINED AN OFFICE AND A PUBLICIZED PHONE NUMBER  IN
 NEW  YORK  STATE  FOR NO LESS THAN ONE YEAR, FOR FAILURE OF THE REQUIRED
 INSTRUCTIONAL MATERIALS TO ADEQUATELY OUTLINE BASIC VOTERS'  RIGHTS  AND
 RELEVANT  ADMINISTRATIVE  PROVISIONS OF THE ELECTION LAW, OR FOR FAILING
 TO PROVIDE A VOLUNTEER PLEDGE FORM THAT SATISFIES  THE  REQUIREMENTS  OF
 SUBPARAGRAPH (III) OF PARAGRAPH (B) OF THIS SUBDIVISION.
 S. 5193--A                          3
 
   5.  NOT  LATER  THAN TWO BUSINESS DAYS AFTER RECEIPT OF A STATEMENT OF
 INTENT TO APPOINT NONPARTISAN POLL MONITORS UNDER  SUBDIVISION  FOUR  OF
 THIS SECTION BUT IN NO EVENT LATER THAN THE TWENTY-EIGHTH DAY BEFORE THE
 UPCOMING  ELECTION,  THE  EXECUTIVE  DIRECTORS  OF  THE  STATE  BOARD OF
 ELECTIONS  SHALL  APPROVE  OR  DENY  THE  ORGANIZATION'S  OR COMMITTEE'S
 AUTHORIZATION TO APPOINT NONPARTISAN POLL MONITORS AND NOTIFY THE ORGAN-
 IZATION OR COMMITTEE OF THAT APPROVAL OR DENIAL VIA EMAIL AND  OVERNIGHT
 DELIVERY,  WHICH  SHALL BE DEEMED TO HAVE BEEN RECEIVED BY THE DAY AFTER
 TRANSMISSION. AUTHORIZATION SHALL ONLY BE DENIED ON THE BASIS  THAT  THE
 APPLYING  ORGANIZATION OR COMMITTEE FAILS TO SATISFY THE REQUIREMENTS OF
 PARAGRAPHS (A) AND (B) OF SUBDIVISION FOUR OF THIS SECTION. IF  AUTHORI-
 ZATION  IS  DENIED  UNDER THIS SUBDIVISION, AN ORGANIZATION OR COMMITTEE
 MAY APPEAL THE DENIAL WITH THE  COMMISSIONERS  OF  THE  STATE  BOARD  OF
 ELECTIONS  BY EMAIL OR OVERNIGHT DELIVERY. THE APPEAL OF THE DENIAL MUST
 BE RECEIVED BY THE STATE BOARD NOT LATER THAN TWO DAYS AFTER THE DATE OF
 THE ISSUE OF THE DENIAL, BUT IN NO EVENT LATER THAN THE TWENTY-FIFTH DAY
 BEFORE THE UPCOMING ELECTION. NOT LATER  THAN  TWENTY  DAYS  BEFORE  THE
 UPCOMING  ELECTION,  THE  COMMISSIONERS SHALL CONSIDER THE APPEAL OF ANY
 DENIALS. THE COMMISSIONERS' CONSIDERATION OF ANY APPEAL  SHALL  BE  MADE
 SOLELY  BY  REVIEW  OF  THE  EXECUTIVE  DIRECTORS'  DENIAL, THE ORIGINAL
 SUBMISSION MADE BY THE APPEALING ORGANIZATION AND  ANY  FURTHER  WRITTEN
 SUBMISSIONS MADE WITH THE APPEAL.  BASED ON SUCH REVIEW, THE COMMISSION-
 ERS  SHALL  APPROVE  OR  DENY THE ORGANIZATION'S OR COMMITTEE'S AUTHORI-
 ZATION TO APPOINT MONITORS AND NOTIFY THE ORGANIZATION OR COMMITTEE  AND
 THE  EXECUTIVE  DIRECTORS  OF THAT DECISION BY EMAIL. SUCH REVIEW MAY BE
 CONDUCTED REMOTELY, SUBJECT TO THE REQUIREMENTS OF THE OPEN MEETINGS LAW
 FOR REMOTE OR HYBRID MEETINGS.
   6. NO LATER THAN FIFTEEN DAYS BEFORE AN ELECTION, THE STATE  BOARD  OF
 ELECTIONS  SHALL SEND A LIST OF ALL ORGANIZATIONS OR COMMITTEE THAT HAVE
 BEEN APPROVED TO APPOINT NONPARTISAN POLL MONITORS TO ALL COUNTY  BOARDS
 OF  ELECTIONS.  EACH ORGANIZATION OR COMMITTEE SO APPROVED SHALL PROVIDE
 THE BOARD OF ELECTIONS FOR EACH COUNTY  IN  WHICH  THE  ORGANIZATION  OR
 COMMITTEE  PLANS  TO  PLACE NONPARTISAN POLL MONITORS WITH A LIST OF THE
 INDIVIDUALS IT HAS TRAINED AND WILL DEPLOY NO LATER THAN TWO DAYS BEFORE
 THE START OF EARLY VOTING FOR THE RELEVANT ELECTION. SUCH  LIST  MAY  BE
 AMENDED  NO  LATER  THAN NOON ON THE MONDAY BEFORE THE RELEVANT ELECTION
 DAY.
   7. ALL NONPARTISAN POLL MONITORS SHALL BE REQUIRED  TO  WEAR  A  BADGE
 WITH  THEIR NAME AND THE NAME OF THE CIVIC ORGANIZATION OR COMMITTEE THE
 INDIVIDUAL IS REPRESENTING, AND TO HAVE PROPER CREDENTIALS. SUCH CREDEN-
 TIALS SHALL BE ISSUED BY AND UNDER THE FACSIMILE SIGNATURES OF THE RELE-
 VANT BOARD OF ELECTIONS AND SHALL BE AVAILABLE FOR DISTRIBUTION  BY  THE
 RELEVANT  BOARD  OF  ELECTIONS  AT LEAST TEN DAYS PRIOR TO THE ELECTION.
 SUCH CREDENTIALS SHALL BE AUTHORIZED BY THE REAL OR FACSIMILE  SIGNATURE
 OF  THE  PRESIDING OFFICER OF THE CIVIC ORGANIZATION OR THE CHAIR OF THE
 BALLOT ISSUE COMMITTEE, AS THE CASE MAY BE. THE PRESIDING OFFICER OF THE
 CIVIC ORGANIZATION OR THE CHAIR OF THE BALLOT ISSUE COMMITTEE SHALL  NOT
 BE  REQUIRED TO SUBMIT THE NAMES OR OTHER INFORMATION CONCERNING NONPAR-
 TISAN POLL MONITORS BEFORE MAKING CREDENTIALS AVAILABLE TO SUCH  PERSONS
 OR ORGANIZATIONS.
   8.  FOR ALL ELECTIONS, APPOINTED NONPARTISAN POLL MONITORS PURSUANT TO
 THIS SECTION SHALL BE REGISTERED TO VOTE IN THE COUNTY OR CITY IN  WHICH
 THE POLLING PLACE TO WHICH THEY ARE ASSIGNED AS A NONPARTISAN POLL MONI-
 TOR IS LOCATED, EXCEPT THAT RESIDENTS AGED SIXTEEN AND SEVENTEEN WHO ARE
 CURRENTLY  RESIDING  AND  ENROLLED  IN SCHOOL IN SUCH COUNTY OR CITY MAY
 SERVE AS POLL MONITORS.
 S. 5193--A                          4
 
   9. NO PERSON SHALL BE QUALIFIED FOR APPOINTMENT AS A NONPARTISAN  POLL
 MONITOR:
   (A)  WHO  IS NOT A REGISTERED VOTER IN THE COUNTY OR CITY IN WHICH THE
 POLL SITE OR SITES THEY WILL MONITOR IS LOCATED,  EXCEPT  FOR  RESIDENTS
 AGED  SIXTEEN AND SEVENTEEN WHO ARE CURRENTLY ENROLLED IN SCHOOL IN SUCH
 COUNTY OR CITY;
   (B) WHO IS A CANDIDATE FOR ANY OFFICE TO BE VOTED FOR AT THE ELECTION;
   (C) WHO IS A SPOUSE, PARENT, CHILD, BROTHER OR SISTER OF ANY CANDIDATE
 TO BE VOTED FOR AT THE ELECTION;
   (D) WHO IS MARRIED TO A PARENT, CHILD, BROTHER OR SISTER OF ANY CANDI-
 DATE TO BE VOTED FOR AT THE ELECTION OR WHO IS THE PARENT OF THE  SPOUSE
 OF ANY CANDIDATE TO BE VOTED FOR AT THE ELECTION;
   (E) WHO IS A SHERIFF, DEPUTY SHERIFF, MARSHAL, DEPUTY MARSHAL OR STATE
 OR MUNICIPAL POLICE OFFICER; OR
   (F)  WHO  HAS FAILED TO SIGN THE VOLUNTEER PLEDGE REQUIRED PURSUANT TO
 SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION.
   10. (A) A NONPARTISAN POLL MONITOR APPOINTED PURSUANT TO THIS  SECTION
 IS NOT PERMITTED TO DO ANY OF THE FOLLOWING WHILE INSIDE A POLLING SITE:
   (I) QUERY, SOLICIT OR INTERVIEW VOTERS.
   (II) MAKE AUDIO OR VIDEO RECORDINGS OF ANY VOTER OR BALLOT.
   (III)  IN ANY MANNER INTERVENE OR INTERFERE WITH THE ADMINISTRATION OF
 THE ELECTION.
   (IV) FAIL TO COMPLY WITH ALL INSTRUCTIONS GIVEN TO  THEM  BY  ELECTION
 OFFICIALS EVEN IF THEY DISAGREE WITH THOSE INSTRUCTIONS.
   (B)  NOTHING  IN THIS SECTION SHALL PROHIBIT NONPARTISAN POLL MONITORS
 FROM RESPONDING TO INQUIRIES FROM A VOTER OR ASSISTING  ANY  VOTER  UPON
 THE VOTER'S REQUEST.
   11.  A NONPARTISAN POLL MONITOR APPOINTED PURSUANT TO THIS SECTION MAY
 DO ONE OR MORE OF THE FOLLOWING:
   (A) OBSERVE THE MANNER IN WHICH THE DUTIES OF THE ELECTION  INSPECTORS
 ARE BEING PERFORMED.
   (B) BRING TO AN ELECTION INSPECTOR'S ATTENTION ANY OF THE FOLLOWING:
   (I) IMPROPER HANDLING OF A BALLOT BY AN ELECTOR OR ELECTION INSPECTOR.
   (II)  CAMPAIGNING  OR  ELECTIONEERING  BEING  PERFORMED BY AN ELECTION
 INSPECTOR OR OTHER PERSON IN VIOLATION OF THIS CHAPTER.
   (III) AN ELECTION PROCEDURE THAT IS NOT BEING PROPERLY PERFORMED.
   (IV) A VIOLATION OF ELECTION LAW OR OTHER PRESCRIBED  ELECTION  PROCE-
 DURE.
   (C)  REMAIN  DURING  THE  CANVASS  OF VOTES AND UNTIL THE STATEMENT OF
 RETURNS IS DULY SIGNED AND MADE.
   (D) ASSIST ANY VOTER UPON REQUEST.
   (E) KEEP RECORDS OF VOTES CAST.
   12. NONPARTISAN POLL MONITORS SHALL PRESENT THEIR  CREDENTIALS  TO  AN
 ELECTION  INSPECTOR UPON ENTERING ANY POLLING PLACE TO WHICH THEY MAY BE
 ASSIGNED, WHICH CREDENTIALS SHALL  BE  IN  SUBSTANTIALLY  THE  FOLLOWING
 FORM:
 
                         POLL MONITOR CREDENTIALS
 IN  ACCORDANCE  WITH THE PROVISIONS OF THE ELECTION LAW, THE UNDERSIGNED
 IS AUTHORIZED TO APPOINT __________ (NAME OF POLL MONITOR)  WHO  RESIDES
 AT ___________ (ADDRESS) IN THE COUNTY OF ___________, __________ (TOWN-
 SHIP  OR  MUNICIPALITY)  OF ______________ (NAME), STATE OF NEW YORK AND
 WHO IS DULY REGISTERED TO VOTE FROM THIS ADDRESS, TO ACT AS A POLL MONI-
 TOR, AT THE  POLLING  PLACE(S)  LOCATED  IN  THE  (COUNTY  OR  CITY)  OF
 ___________  AT THE ___________(SPECIAL, PRIMARY OR GENERAL) ELECTION TO
 BE HELD ON (INSERT DATE).
 S. 5193--A                          5
 
 ___________________________________(SIGNATURE OF  APPOINTING  AUTHORITY)
 ___________________________________TITLE (CIVIC ORGANIZATION PRESIDENT,
                                    BALLOT ISSUE COMMITTEE CHAIR)

 UNDER PENALTY OF PERJURY, THE UNDERSIGNED POLL MONITOR CERTIFIES THAT HE
 OR  SHE  RESIDES  AT _______________(ADDRESS) IN THE COUNTY OF _________
 (TOWNSHIP OR MUNICIPALITY) OF __________ (NAME), STATE OF NEW YORK,  AND
 IS DULY REGISTERED TO VOTE IN NEW YORK.
 
 __________________________         ___________________________
 (ELECTION DISTRICT & ASSEMBLY      (SIGNATURE OF POLL MONITOR)
 DISTRICT IN
 WHICH POLL MONITOR RESIDES)
   13.  NONPARTISAN POLL MONITOR CREDENTIALS PROPERLY EXECUTED AND SIGNED
 SHALL BE PROOF OF THE QUALIFICATIONS OF  THE  NONPARTISAN  POLL  MONITOR
 AUTHORIZED  THEREBY.  AFTER  PRESENTING  SUCH CREDENTIALS TO AN ELECTION
 INSPECTOR, THE CREDENTIALS ARE RETAINED BY THE MONITOR BUT TURNED IN  TO
 AN  ELECTION  INSPECTOR  AT  THE  FINAL POLLING LOCATION WHICH A MONITOR
 VISITS AND RETURNED TO THE RELEVANT BOARD OF ELECTIONS AT THE END OF THE
 DAY OF ELECTION WITH THE OTHER ELECTION MATERIALS.  A  NONPARTISAN  POLL
 MONITOR  MAY  LEAVE  AND  REENTER  THE  POLLING PLACE PROVIDED THAT SUCH
 CONTINUING ACTION DOES NOT DISRUPT THE CONDUCT OF THE ELECTION.  NONPAR-
 TISAN POLL MONITORS MAY BE SUBSTITUTED DURING THE COURSE OF THE DAY, BUT
 QUALIFIED CIVIC ORGANIZATIONS CAN HAVE ONLY  AS  MANY  NONPARTISAN  POLL
 MONITORS  AT ANY GIVEN TIME AS ARE AUTHORIZED IN THIS SECTION. A SUBSTI-
 TUTE SHALL PRESENT HIS OR HER SIGNED CREDENTIAL  TO  THE  INSPECTORS  OF
 ELECTION  UPON  ENTERING  THE  POLLING PLACE AND SHALL WEAR THE REQUIRED
 BADGE.
   14. THERE SHALL BE NO MORE THAN TWO NONPARTISAN POLL MONITORS FROM ANY
 ORGANIZATION OR COMMITTEE AT ANY POLLING PLACE AT THE SAME TIME. IF MORE
 THAN ONE ORGANIZATION OR COMMITTEE ASSIGNS NONPARTISAN POLL MONITORS  TO
 THE SAME POLLING PLACE, THEN ELECTION INSPECTORS MAY LIMIT THE NUMBER OF
 NONPARTISAN  POLL MONITORS, WITH ONLY ONE MONITOR FROM EACH ORGANIZATION
 OR COMMITTEE WITHIN THE POLLING PLACE AT THE SAME TIME, UP TO A LIMIT OF
 FOUR SEPARATE ORGANIZATIONS OR COMMITTEES.
   § 2. This act shall take effect immediately.

co-Sponsors

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2023-S5193B (ACTIVE) - Details

See Assembly Version of this Bill:: A2408
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §8-501, El L
Versions Introduced in 2021-2022 Legislative Session:: S4725, A5389

2023-S5193B (ACTIVE) - Summary

Establishes a nonpartisan poll monitoring program.

2023-S5193B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5193B

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the election law, in relation to establishing nonparti-
san poll monitors

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish nonpartisan poll monitors

 
SUMMARY OF SPECIFIC PROVISIONS:

Section One: Amends the election law by adding a new section 8-501
Subdivision (1): Includes definitions for "civic organization" and
"ballot issue committee."

Subdivision (2): States, in addition to watchers appointed pursuant to
section 8-500 of election law, nonpartisan poll monitors may be
appointed by a civic organization or a ballot issue committee.

Subdivision (3): Entitles each civic organization and each ballot issue
committee to appoint no more than two nonpartisan poll monitors per
polling place.

Subdivision (4): Requires those civic organizations or ballot issue
committees desiring to appoint nonpartisan poll monitors to file with
the state board of elections, not less than thirty-two days and not more
than forty-five days before an election, a statement setting forth the
intention of the organization or committee to appoint nonpartisan poll
monitors. Such statement shall be accompanied by a copy of the instruc-
tional materials the organization or committee will use to train its
poll monitors, a copy of the volunteer pledge which its poll monitors
will sign after receiving the training, a written commitment to train
its poll monitors in accordance with the provided instructional materi-
als, and a statement whether the requested approval is for the next
immediate election or for all elections occurring in the current calen-
dar year. The state board of elections may deny an organization or
committee the authorization to appoint nonpartisan poll monitors if
insufficient evidence is furnished to the state board, for inadequate
instructional materials, or for failure to provide a satisfactory volun-
teer pledge form.

Subdivision (5): Requires the executives of the state board of
elections, not less than the twenty-eighth day before the upcoming
election and no later than two business days after receipt of a state-
ment of intent, to approve or deny the organization's or committee's
authorization to appoint nonpartisan poll monitors' and notify the
organization or committee of that approval or denial. Authorization
shall only be denied on the basis that the applying organization or
committee fails to satisfy the requirements set forth in this section.
If denied, an organization or committee may appeal the denial with the
commissioners of the state board of elections not later than two busi-
ness days after issue of the denial. The commissioners must review the
denial and approve or deny the appeal not later than two business days
after receipt of an appeal.


Subdivision (6): Requires the state board of elections, no later than
fifteen days before an election, to send a list of all organizations or
committees that have been approved to appoint nonpartisan poll monitors
to all county boards of elections.

Subdivision (7): Requires all nonpartisan poll members to wear a badge
with their name and the name of the civic organization or committee the
individual is representing. Also requires all nonpartisan poll members
to have proper credentials, which shall be issued by and under the
facsimile signatures of the relevant board of elections and shall be
available for distribution by the relevant board of elections at least
ten days prior to the election.

Subdivision (8): Requires appointed nonpartisan poll monitors to be
registered to vote in the county or city in which the polling place to
which they are assigned as a nonpartisan poll monitor, except that resi-
dents aged sixteen and seventeen who are currently residing and enrolled
in school in such county or city may serve as nonpartisan poll monitors.

Subdivision (9): Includes those individuals prohibited from being
appointed as nonpartisan poll monitors.

Subdivision (10): Includes actions which a nonpartisan poll monitored is
not permitted to take.

Subdivision (11): Includes permissible actions of a nonpartisan poll
monitor.

Subdivision (12): Includes the poll monitor credentials form, which must
be presented to an election inspector upon entering any polling place to
which they may be assigned.

Subdivision (13): Requires the nonpartisan poll monitor to turn in
credentials to an election inspector at the final polling location in
which a monitor visits and returned to the board of elections at the end
of the day of election with other election materials. Allows a nonparti-
san poll monitor to leave and reenter the polling place provided that
such action does not disrupt the conduct of the election. Nonpartisan
poll monitors may be substituted during the course of the day, but qual-
ified civic organizations can have only as many nonpartisan poll moni-
tors at any given time are authorized in this section.

Subdivision (14): Mandates no more than two nonpartisan poll monitors
from any organization or committee at any polling place at the same
time. If more than one organization or committee assigns nonpartisan
poll monitors to the same polling place, then election inspectors may
limit the number of nonpartisan poll monitors, with only one monitor
from each organization or committee within the polling place at the same
time, up to a limit of four separate organizations or committees.

Section Two: Effective date

 
JUSTIFICATION:

The right to vote and be heard is fundamental to democracy.  Unfortu-
nately, it is not uncommon for eligible voters to become discouraged
from voting or wrongly turned away from the polls. Over the past few
years, we have seen a disturbing increase in the number and scope of
attempts to suppress the votes of American citizens.  This legislation
proposes to protect the rights of voters by certifying nonpartisan poll
monitors responsible for observing and monitoring the integrity of poll-
ing as well as helping to ensure voters know their rights and are able
to cast their votes. This bill seeks to certify nonpartisan poll moni-
tors who can report and solve issues that may arise at an election site.

 
LEGISLATIVE HISTORY:

Assembly

2021-2022: A5389, referred to election law.

Senate

2021-2022: S4725, referred to elections.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill will take effect immediately.

2023-S5193B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5193--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  BAILEY, BROUK, COMRIE, COONEY, JACKSON,
   MAY, MAYER -- read twice and ordered printed, and when printed  to  be
   committed  to the Committee on Elections -- recommitted to the Commit-
   tee on Elections in accordance with Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the election law, in relation to establishing nonparti-
   san poll monitors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The election law is amended by adding a new section 8-501
 to read as follows:
   § 8-501. NONPARTISAN  POLL  MONITOR.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "CIVIC  ORGANIZATION"  SHALL MEAN ANY CORPORATION, UNINCORPORATED
 ASSOCIATION, OR ORGANIZATION THAT:
   (I) CONSISTS OF CITIZENS INTERESTED IN PROVIDING VOTER INFORMATION AND
 EDUCATION,  THE  PROTECTION  OF  INDIVIDUAL  VOTERS'  RIGHTS,  AND   THE
 PROMOTION OF FREE AND EQUAL ELECTION;
   (II)  AS  PART  OF  ITS  WRITTEN ARTICLES OF INCORPORATION, BYLAWS, OR
 CHARTER OR  BY  SEPARATE  WRITTEN  DECLARATION,  HAS  AMONG  ITS  STATED
 PURPOSES   THE   PROVISION  OF  VOTER  INFORMATION  AND  EDUCATION,  THE
 PROTECTION OF INDIVIDUAL VOTERS' RIGHTS,  AND  THE  PROMOTION  OF  FREE,
 FAIR, ACCESSIBLE AND SECURE ELECTIONS;
   (III)  IS  ORGANIZED  OR  PRIMARILY CONDUCTS ITS ACTIVITIES WITHIN THE
 STATE OF NEW YORK; AND
   (IV) CONTINUOUSLY MAINTAINS AN OFFICE OR BUSINESS LOCATION WITHIN  THE
 STATE  OF  NEW YORK, TOGETHER WITH A CURRENT LISTED TELEPHONE NUMBER FOR
 NO LESS THAN ONE YEAR PRIOR TO FILING THE STATEMENT SPECIFIED IN  SUBDI-
 VISION FOUR OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05232-13-4

 S. 5193--B                          2
 
   (B)  "BALLOT  ISSUE COMMITTEE" SHALL MEAN A POLITICAL COMMITTEE FORMED
 TO PROMOTE THE SUCCESS OR DEFEAT OF ANY BALLOT PROPOSAL.
   2.  IN ADDITION TO THE WATCHERS APPOINTED PURSUANT TO SECTION 8-500 OF
 THIS TITLE, NONPARTISAN POLL MONITORS MAY BE APPOINTED BY A CIVIC ORGAN-
 IZATION OR A BALLOT ISSUE COMMITTEE.
   3. EACH CIVIC ORGANIZATION AND EACH BALLOT ISSUE  COMMITTEE  SHALL  BE
 ENTITLED TO APPOINT NO MORE THAN TWO NONPARTISAN POLL MONITORS PER POLL-
 ING PLACE.
   4.  NOT  LESS  THAN  THIRTY-TWO DAYS AND NOT MORE THAN FORTY-FIVE DAYS
 BEFORE THE FIRST ELECTION FOR WHICH THE ORGANIZATION OR COMMITTEE  PLANS
 TO APPOINT NONPARTISAN POLL MONITORS, THE STATE BOARD OF ELECTIONS SHALL
 RECEIVE  A  STATEMENT  FROM  ANY  ORGANIZATION OR BALLOT ISSUE COMMITTEE
 DESIRING TO APPOINT NONPARTISAN POLL MONITORS SETTING FORTH  THE  INTEN-
 TION  OF THE ORGANIZATION OR COMMITTEE TO APPOINT NONPARTISAN POLL MONI-
 TORS.
   (A) THE STATEMENT SHALL BE SIGNED AND SWORN TO BY THE CHIEF  PRESIDING
 OFFICER,  THE  SECRETARY,  OR  SOME OTHER OFFICER OF THE ORGANIZATION OR
 COMMITTEE AND SHALL SET FORTH:
   (I) THE REASON WHY THE ORGANIZATION OR COMMITTEE CLAIMS THE  RIGHT  TO
 APPOINT NONPARTISAN POLL MONITORS;
   (II) THE NAMES AND ADDRESSES OF ITS PRINCIPAL OFFICERS;
   (III)  A  STATEMENT  SPECIFYING THE CIVIC ORGANIZATION OR BALLOT ISSUE
 COMMITTEE'S OFFICE ADDRESS, PHONE NUMBER  AND  AN  EMAIL  TO  WHICH  ALL
 FUTURE COMMUNICATIONS SHALL BE ADDRESSED; AND
   (IV)  VERIFICATION  OF  LENGTH OF TIME IT HAS MAINTAINED AN OFFICE AND
 PHONE IN NEW YORK, IF A CIVIC ORGANIZATION OR, IF A BALLOT ISSUE COMMIT-
 TEE, VERIFYING THAT  IT  HAS  SATISFIED  ITS  FILING  OBLIGATIONS  UNDER
 SECTION 14-118 OF THIS CHAPTER.
   (B) SUCH STATEMENT SHALL ALSO BE ACCOMPANIED BY:
   (I)  A COPY OF THE INSTRUCTIONAL MATERIALS THE ORGANIZATION OR COMMIT-
 TEE WILL USE TO TRAIN POLL MONITORS REGARDING VOTERS' RIGHTS, AS WELL AS
 BASIC ELECTION DAY AND VOTING PROCEDURES UNDER THE ELECTION LAW;
   (II) A COPY OF THE VOLUNTEER PLEDGE WHICH THE ORGANIZATION OR  COMMIT-
 TEE  REQUIRES  ITS  POLL  MONITORS TO SIGN AFTER RECEIVING THE TRAINING,
 WHICH EXPLAINS WHAT IT MEANS TO BE A NONPARTISAN POLL MONITOR,  ACKNOWL-
 EDGES THE OBLIGATION TO STRICTLY MAINTAIN NONPARTISAN STATUS WHILE SERV-
 ING  AS A POLL MONITOR FOR THE APPOINTING ORGANIZATION OR COMMITTEE, AND
 AGREES TO ABIDE BY THE RESTRICTIONS SET FORTH IN SUBDIVISION TEN OF THIS
 SECTION;
   (III) A WRITTEN COMMITMENT TO TRAIN ITS  VOLUNTEER  POLL  MONITORS  IN
 ACCORDANCE WITH THE PROVIDED INSTRUCTIONAL MATERIALS AND RETAIN A SIGNED
 COPY OF EACH ASSIGNED POLL MONITOR'S VOLUNTEER PLEDGE, EXECUTED PURSUANT
 TO  SUBPARAGRAPH  (II)  OF  THIS PARAGRAPH, PRIOR TO ASSIGNING THAT POLL
 MONITOR TO A POLLING PLACE, SIGNED UNDER PENALTY OF PERJURY BY A PRINCI-
 PAL OFFICER; AND
   (IV) A STATEMENT WHETHER THE REQUESTED APPROVAL IS FOR THE NEXT  IMME-
 DIATE  ELECTION  OR  FOR ALL ELECTIONS OCCURRING IN THE CURRENT CALENDAR
 YEAR SUBSEQUENT TO THE DATE OF APPLICATION.
   (C) THE STATE BOARD OF ELECTIONS MAY DENY AN ORGANIZATION OR COMMITTEE
 THE AUTHORIZATION TO APPOINT NONPARTISAN POLL MONITORS IF THAT ORGANIZA-
 TION OR COMMITTEE FAILS TO FURNISH EVIDENCE SATISFACTORY  TO  THE  STATE
 BOARD  OF ELECTIONS THAT THE ORGANIZATION OR COMMITTEE IS DEVOTED TO THE
 PURPOSES ENUMERATED OR HAS MAINTAINED AN OFFICE AND A  PUBLICIZED  PHONE
 NUMBER  IN  NEW YORK STATE FOR NO LESS THAN ONE YEAR, FOR FAILURE OF THE
 REQUIRED INSTRUCTIONAL MATERIALS TO  ADEQUATELY  OUTLINE  BASIC  VOTERS'
 RIGHTS  AND  RELEVANT  ADMINISTRATIVE PROVISIONS OF THE ELECTION LAW, OR
 S. 5193--B                          3
 
 FOR FAILING TO PROVIDE  A  VOLUNTEER  PLEDGE  FORM  THAT  SATISFIES  THE
 REQUIREMENTS OF SUBPARAGRAPH (III) OF PARAGRAPH (B) OF THIS SUBDIVISION.
   5.  NOT  LATER  THAN TWO BUSINESS DAYS AFTER RECEIPT OF A STATEMENT OF
 INTENT TO APPOINT NONPARTISAN POLL MONITORS UNDER  SUBDIVISION  FOUR  OF
 THIS SECTION BUT IN NO EVENT LATER THAN THE TWENTY-EIGHTH DAY BEFORE THE
 UPCOMING  ELECTION,  THE  EXECUTIVE  DIRECTORS  OF  THE  STATE  BOARD OF
 ELECTIONS SHALL  APPROVE  OR  DENY  THE  ORGANIZATION'S  OR  COMMITTEE'S
 AUTHORIZATION TO APPOINT NONPARTISAN POLL MONITORS AND NOTIFY THE ORGAN-
 IZATION  OR COMMITTEE OF THAT APPROVAL OR DENIAL VIA EMAIL AND OVERNIGHT
 DELIVERY, WHICH SHALL BE DEEMED TO HAVE BEEN RECEIVED BY THE  DAY  AFTER
 TRANSMISSION.  AUTHORIZATION  SHALL ONLY BE DENIED ON THE BASIS THAT THE
 APPLYING ORGANIZATION OR COMMITTEE FAILS TO SATISFY THE REQUIREMENTS  OF
 PARAGRAPHS  (A) AND (B) OF SUBDIVISION FOUR OF THIS SECTION. IF AUTHORI-
 ZATION IS DENIED UNDER THIS SUBDIVISION, AN  ORGANIZATION  OR  COMMITTEE
 MAY  APPEAL  THE  DENIAL  WITH  THE  COMMISSIONERS OF THE STATE BOARD OF
 ELECTIONS BY EMAIL OR OVERNIGHT DELIVERY. THE APPEAL OF THE DENIAL  MUST
 BE RECEIVED BY THE STATE BOARD NOT LATER THAN TWO DAYS AFTER THE DATE OF
 THE ISSUE OF THE DENIAL, BUT IN NO EVENT LATER THAN THE TWENTY-FIFTH DAY
 BEFORE  THE  UPCOMING  ELECTION.  NOT  LATER THAN TWENTY DAYS BEFORE THE
 UPCOMING ELECTION, THE COMMISSIONERS SHALL CONSIDER THE  APPEAL  OF  ANY
 DENIALS.  THE  COMMISSIONERS'  CONSIDERATION OF ANY APPEAL SHALL BE MADE
 SOLELY BY REVIEW  OF  THE  EXECUTIVE  DIRECTORS'  DENIAL,  THE  ORIGINAL
 SUBMISSION  MADE  BY  THE APPEALING ORGANIZATION AND ANY FURTHER WRITTEN
 SUBMISSIONS MADE WITH THE APPEAL.  BASED ON SUCH REVIEW, THE COMMISSION-
 ERS SHALL APPROVE OR DENY THE  ORGANIZATION'S  OR  COMMITTEE'S  AUTHORI-
 ZATION  TO APPOINT MONITORS AND NOTIFY THE ORGANIZATION OR COMMITTEE AND
 THE EXECUTIVE DIRECTORS OF THAT DECISION BY EMAIL. SUCH  REVIEW  MAY  BE
 CONDUCTED REMOTELY, SUBJECT TO THE REQUIREMENTS OF THE OPEN MEETINGS LAW
 FOR REMOTE OR HYBRID MEETINGS.
   6.  NO  LATER THAN FIFTEEN DAYS BEFORE AN ELECTION, THE STATE BOARD OF
 ELECTIONS SHALL SEND A LIST OF ALL ORGANIZATIONS OR COMMITTEE THAT  HAVE
 BEEN  APPROVED TO APPOINT NONPARTISAN POLL MONITORS TO ALL COUNTY BOARDS
 OF ELECTIONS. EACH ORGANIZATION OR COMMITTEE SO APPROVED  SHALL  PROVIDE
 THE  BOARD  OF  ELECTIONS  FOR  EACH COUNTY IN WHICH THE ORGANIZATION OR
 COMMITTEE PLANS TO PLACE NONPARTISAN POLL MONITORS WITH A  LIST  OF  THE
 INDIVIDUALS IT HAS TRAINED AND WILL DEPLOY NO LATER THAN TWO DAYS BEFORE
 THE  START  OF  EARLY VOTING FOR THE RELEVANT ELECTION. SUCH LIST MAY BE
 AMENDED NO LATER THAN NOON ON THE MONDAY BEFORE  THE  RELEVANT  ELECTION
 DAY.
   7.  ALL  NONPARTISAN  POLL  MONITORS SHALL BE REQUIRED TO WEAR A BADGE
 WITH THEIR NAME AND THE NAME OF THE CIVIC ORGANIZATION OR COMMITTEE  THE
 INDIVIDUAL IS REPRESENTING, AND TO HAVE PROPER CREDENTIALS. SUCH CREDEN-
 TIALS SHALL BE ISSUED BY AND UNDER THE FACSIMILE SIGNATURES OF THE RELE-
 VANT  BOARD  OF ELECTIONS AND SHALL BE AVAILABLE FOR DISTRIBUTION BY THE
 RELEVANT BOARD OF ELECTIONS AT LEAST TEN DAYS  PRIOR  TO  THE  ELECTION.
 SUCH  CREDENTIALS SHALL BE AUTHORIZED BY THE REAL OR FACSIMILE SIGNATURE
 OF THE PRESIDING OFFICER OF THE CIVIC ORGANIZATION OR THE CHAIR  OF  THE
 BALLOT ISSUE COMMITTEE, AS THE CASE MAY BE. THE PRESIDING OFFICER OF THE
 CIVIC  ORGANIZATION OR THE CHAIR OF THE BALLOT ISSUE COMMITTEE SHALL NOT
 BE REQUIRED TO SUBMIT THE NAMES OR OTHER INFORMATION CONCERNING  NONPAR-
 TISAN  POLL MONITORS BEFORE MAKING CREDENTIALS AVAILABLE TO SUCH PERSONS
 OR ORGANIZATIONS.
   8. FOR ALL ELECTIONS, APPOINTED NONPARTISAN POLL MONITORS PURSUANT  TO
 THIS  SECTION SHALL BE REGISTERED TO VOTE IN THE COUNTY OR CITY IN WHICH
 THE POLLING PLACE TO WHICH THEY ARE ASSIGNED AS A NONPARTISAN POLL MONI-
 TOR IS LOCATED, EXCEPT THAT RESIDENTS AGED SIXTEEN AND SEVENTEEN WHO ARE
 S. 5193--B                          4
 
 CURRENTLY RESIDING AND ENROLLED IN SCHOOL IN SUCH  COUNTY  OR  CITY  MAY
 SERVE AS POLL MONITORS.
   9.  NO PERSON SHALL BE QUALIFIED FOR APPOINTMENT AS A NONPARTISAN POLL
 MONITOR:
   (A) WHO IS NOT A REGISTERED VOTER IN THE COUNTY OR CITY IN  WHICH  THE
 POLL  SITE  OR  SITES THEY WILL MONITOR IS LOCATED, EXCEPT FOR RESIDENTS
 AGED SIXTEEN AND SEVENTEEN WHO ARE CURRENTLY ENROLLED IN SCHOOL IN  SUCH
 COUNTY OR CITY;
   (B) WHO IS A CANDIDATE FOR ANY OFFICE TO BE VOTED FOR AT THE ELECTION;
   (C) WHO IS A SPOUSE, PARENT, CHILD, BROTHER OR SISTER OF ANY CANDIDATE
 TO BE VOTED FOR AT THE ELECTION;
   (D) WHO IS MARRIED TO A PARENT, CHILD, BROTHER OR SISTER OF ANY CANDI-
 DATE  TO BE VOTED FOR AT THE ELECTION OR WHO IS THE PARENT OF THE SPOUSE
 OF ANY CANDIDATE TO BE VOTED FOR AT THE ELECTION;
   (E) WHO IS A SHERIFF, DEPUTY SHERIFF, MARSHAL, DEPUTY MARSHAL OR STATE
 OR MUNICIPAL POLICE OFFICER; OR
   (F) WHO HAS FAILED TO SIGN THE VOLUNTEER PLEDGE REQUIRED  PURSUANT  TO
 SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION.
   10.  (A) A NONPARTISAN POLL MONITOR APPOINTED PURSUANT TO THIS SECTION
 IS NOT PERMITTED TO DO ANY OF THE FOLLOWING WHILE INSIDE A POLLING SITE:
   (I) QUERY, SOLICIT OR INTERVIEW VOTERS.
   (II) MAKE AUDIO OR VIDEO RECORDINGS OF ANY VOTER OR BALLOT.
   (III) IN ANY MANNER INTERVENE OR INTERFERE WITH THE ADMINISTRATION  OF
 THE ELECTION.
   (IV)  FAIL  TO  COMPLY WITH ALL INSTRUCTIONS GIVEN TO THEM BY ELECTION
 OFFICIALS EVEN IF THEY DISAGREE WITH THOSE INSTRUCTIONS.
   (B) NOTHING IN THIS SECTION SHALL PROHIBIT A NONPARTISAN POLL  MONITOR
 FROM  ASSISTING A VOTER UPON PERSONAL REQUEST OF SUCH VOTER AND UPON THE
 NONPARTISAN POLL MONITOR TAKING THE OATH REQUIRED BY  SECTION  8-306  OF
 THIS  ARTICLE; PROVIDED HOWEVER, A NONPARTISAN POLL MONITOR SHALL NOT BE
 REQUIRED TO TAKE SUCH OATH UNLESS  SUCH  MONITOR  WILL  BE  ASSISTING  A
 VOTER,  AND PROVIDED FURTHER, NOTHING IN THIS SECTION SHALL BE CONSTRUED
 TO OTHERWISE PREVENT NON-ELECTIONEERING COMMUNICATION WITH  VOTERS  THAT
 OCCURS OUTSIDE OF A POLLING PLACE.
   11.  A NONPARTISAN POLL MONITOR APPOINTED PURSUANT TO THIS SECTION MAY
 DO ONE OR MORE OF THE FOLLOWING:
   (A) OBSERVE THE MANNER IN WHICH THE DUTIES OF THE ELECTION  INSPECTORS
 ARE BEING PERFORMED.
   (B) BRING TO AN ELECTION INSPECTOR'S ATTENTION ANY OF THE FOLLOWING:
   (I) IMPROPER HANDLING OF A BALLOT BY AN ELECTOR OR ELECTION INSPECTOR.
   (II)  CAMPAIGNING  OR  ELECTIONEERING  BEING  PERFORMED BY AN ELECTION
 INSPECTOR OR OTHER PERSON IN VIOLATION OF THIS CHAPTER.
   (III) AN ELECTION PROCEDURE THAT IS NOT BEING PROPERLY PERFORMED.
   (IV) A VIOLATION OF ELECTION LAW OR OTHER PRESCRIBED  ELECTION  PROCE-
 DURE.
   (C)  REMAIN  DURING  THE  CANVASS  OF VOTES AND UNTIL THE STATEMENT OF
 RETURNS IS DULY SIGNED AND MADE.
   (D) ASSIST ANY VOTER UPON REQUEST.
   (E) KEEP RECORDS OF VOTES CAST.
   12. NONPARTISAN POLL MONITORS SHALL PRESENT THEIR  CREDENTIALS  TO  AN
 ELECTION  INSPECTOR UPON ENTERING ANY POLLING PLACE TO WHICH THEY MAY BE
 ASSIGNED, WHICH CREDENTIALS SHALL  BE  IN  SUBSTANTIALLY  THE  FOLLOWING
 FORM:
 
                         POLL MONITOR CREDENTIALS
 S. 5193--B                          5
 
 IN  ACCORDANCE  WITH THE PROVISIONS OF THE ELECTION LAW, THE UNDERSIGNED
 IS AUTHORIZED TO APPOINT __________ (NAME OF POLL MONITOR)  WHO  RESIDES
 AT ___________ (ADDRESS) IN THE COUNTY OF ___________, __________ (TOWN-
 SHIP  OR  MUNICIPALITY)  OF ______________ (NAME), STATE OF NEW YORK AND
 WHO IS DULY REGISTERED TO VOTE FROM THIS ADDRESS, TO ACT AS A POLL MONI-
 TOR,  AT  THE  POLLING  PLACE(S)  LOCATED  IN  THE  (COUNTY  OR CITY) OF
 ___________ AT THE ___________(SPECIAL, PRIMARY OR GENERAL) ELECTION  TO
 BE HELD ON (INSERT DATE).
 
 ___________________________________(SIGNATURE  OF  APPOINTING AUTHORITY)
 ___________________________________TITLE (CIVIC ORGANIZATION PRESIDENT,
                                    BALLOT ISSUE COMMITTEE CHAIR)
 
 UNDER PENALTY OF PERJURY, THE UNDERSIGNED POLL  MONITOR  CERTIFIES  THAT
 SUCH  POLL  MONITOR RESIDES AT _______________(ADDRESS) IN THE COUNTY OF
 _________ (TOWNSHIP OR MUNICIPALITY) OF __________ (NAME), STATE OF  NEW
 YORK, AND IS DULY REGISTERED TO VOTE IN NEW YORK.
 
 __________________________         ___________________________
 (ELECTION DISTRICT & ASSEMBLY      (SIGNATURE OF POLL MONITOR)
 DISTRICT IN
 WHICH POLL MONITOR RESIDES)
   13.  NONPARTISAN POLL MONITOR CREDENTIALS PROPERLY EXECUTED AND SIGNED
 SHALL BE PROOF OF THE QUALIFICATIONS OF  THE  NONPARTISAN  POLL  MONITOR
 AUTHORIZED  THEREBY.  AFTER  PRESENTING  SUCH CREDENTIALS TO AN ELECTION
 INSPECTOR, THE CREDENTIALS ARE RETAINED BY THE MONITOR BUT TURNED IN  TO
 AN  ELECTION  INSPECTOR  AT  THE  FINAL POLLING LOCATION WHICH A MONITOR
 VISITS AND RETURNED TO THE RELEVANT BOARD OF ELECTIONS AT THE END OF THE
 DAY OF ELECTION WITH THE OTHER ELECTION MATERIALS.  A  NONPARTISAN  POLL
 MONITOR  MAY  LEAVE  AND  REENTER  THE  POLLING PLACE PROVIDED THAT SUCH
 CONTINUING ACTION DOES NOT DISRUPT THE CONDUCT OF THE ELECTION.  NONPAR-
 TISAN POLL MONITORS MAY BE SUBSTITUTED DURING THE COURSE OF THE DAY, BUT
 QUALIFIED CIVIC ORGANIZATIONS CAN HAVE ONLY  AS  MANY  NONPARTISAN  POLL
 MONITORS  AT ANY GIVEN TIME AS ARE AUTHORIZED IN THIS SECTION. A SUBSTI-
 TUTE SHALL PRESENT THEIR SIGNED CREDENTIAL TO THE INSPECTORS OF ELECTION
 UPON ENTERING THE POLLING PLACE AND SHALL WEAR THE REQUIRED BADGE.
   14. THERE SHALL BE NO MORE THAN TWO NONPARTISAN POLL MONITORS FROM ANY
 ORGANIZATION OR COMMITTEE AT ANY POLLING PLACE AT THE SAME TIME. IF MORE
 THAN ONE ORGANIZATION OR COMMITTEE ASSIGNS NONPARTISAN POLL MONITORS  TO
 THE SAME POLLING PLACE, THEN ELECTION INSPECTORS MAY LIMIT THE NUMBER OF
 NONPARTISAN  POLL MONITORS, WITH ONLY ONE MONITOR FROM EACH ORGANIZATION
 OR COMMITTEE WITHIN THE POLLING PLACE AT THE SAME TIME, UP TO A LIMIT OF
 FOUR SEPARATE ORGANIZATIONS OR COMMITTEES.
   § 2. This act shall take effect immediately.

Senate Bill S5193B

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Senate Bill S5193B

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Sponsored By

Current Bill Status - In Senate Committee Elections Committee

Bill Amendments

2023-S5193 - Details

2023-S5193 - Summary

2023-S5193 - Sponsor Memo

2023-S5193 - Bill Text download pdf

co-Sponsors

2023-S5193A - Details

2023-S5193A - Summary

2023-S5193A - Sponsor Memo

2023-S5193A - Bill Text download pdf

co-Sponsors

2023-S5193B (ACTIVE) - Details

2023-S5193B (ACTIVE) - Summary

2023-S5193B (ACTIVE) - Sponsor Memo

2023-S5193B (ACTIVE) - Bill Text download pdf

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