Bill Text: NY A07072 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-04 - referred to election law [A07072 Detail]

Download: New_York-2019-A07072-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7072
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 4, 2019
                                       ___________
        Introduced  by M. of A. QUART -- 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:
     1    Section 1. Subdivision 4 of section 3-401  of  the  election  law,  as
     2  added by chapter 90 of the laws of 1991, is amended to read as follows:
     3    4.  Any county board of elections appointing election coordinators and
     4  in the city of New York, the board of elections of the city of New York,
     5  shall prepare a report detailing assignments and duties to be  delegated
     6  to  election  coordinators.    Any  county board of elections appointing
     7  election coordinators and  in  the  city  of  New  York,  the  board  of
     8  elections  of  the  city  of  New York, shall prepare a report detailing
     9  assignments of election inspectors and poll clerks,  and  shall  specif-
    10  ically  enumerate  the  poll sites for which election inspectors or poll
    11  clerks have not yet been assigned, detailing the efforts made to date to
    12  fill those assignments. Said [report] reports shall be  filed  with  the
    13  state  board  of elections no later than one month prior to the election
    14  at which election coordinators, election inspectors and poll clerks  are
    15  to be assigned.
    16    §  2. Subdivision 1 of section 3-406 of the election law is amended to
    17  read as follows:
    18    1. Each board of elections shall establish  a  list  of  persons  duly
    19  qualified  to serve as election inspectors, which list shall be known as
    20  the "Additional Inspector List", in such number of persons as the  board
    21  shall  determine. Such a list shall be equally divided between the major
    22  political parties. Appointments under this section shall be made in  the
    23  manner  provided  for the appointment of regular election inspectors and
    24  for a like term.  Each board of elections shall be required  to  appoint
    25  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.
                                                                   LBD07875-01-9

        A. 7072                             2
     1  additional inspector list for each vacancy listed on the report provided
     2  to the state board of elections pursuant to subdivision four of  section
     3  3-401  of  this title no later than twenty days prior to the election at
     4  which  election coordinators, election inspectors and poll clerks are to
     5  be assigned.
     6    § 3. Section 3-418 of the election law, the section heading and subdi-
     7  vision 4 as amended by chapter 373 of the laws of 1978,  is  amended  to
     8  read as follows:
     9    § 3-418. Election inspectors and poll clerks; emergency provisions for
    10  filling  vacancies  or  absences. 1. If, at the time of a meeting of the
    11  inspectors, there shall be a vacancy,  or  if  any  inspector  shall  be
    12  absent,  the  inspector present who is the designee of the same party as
    13  the absent inspector shall appoint a qualified inspector from the  addi-
    14  tional  inspector  list  established  pursuant  to section 3-406 of this
    15  title until such additional inspector list is exhausted. Once the  addi-
    16  tional  inspector  list  is  exhausted, the inspector present who is the
    17  designee of the same party as the absent inspector shall appoint a qual-
    18  ified voter of the same city or town to  act  in  place  of  the  absent
    19  inspector. If, however, any inspectors shall be temporarily absent for a
    20  portion  of  the meeting, the inspectors present, provided that they are
    21  not all members of the same political party, shall have and may exercise
    22  any power or perform any duty conferred  or  imposed  upon  a  board  of
    23  inspectors.
    24    2.  If  at the time of any such meeting two inspectors who are members
    25  of the same party shall be absent, or their places shall be vacant,  the
    26  poll  clerk  or poll clerks present, if any, of the same party shall act
    27  as inspectors and shall appoint qualified inspectors from the additional
    28  inspector list established pursuant to section 3-406 of this title until
    29  such supplemental list is exhausted. Once the additional inspector  list
    30  is exhausted, the poll clerk or poll clerks present, if any, of the same
    31  party as the absent inspectors shall act as inspectors and shall appoint
    32  qualified  voters  of  the same city or town who are members of the same
    33  party as the absent inspectors, to act in place of such clerks.
    34    3. If at the time of any such meeting  two  inspectors  and  the  poll
    35  clerk  or  clerks,  if  any,  who are members of the same party shall be
    36  absent, or their places shall be vacant,  the  inspector  or  inspectors
    37  present,  or  in their absence the poll clerk or clerks present, if any,
    38  shall appoint qualified inspectors or poll clerks  from  the  additional
    39  inspector list established pursuant to section 3-406 of this title until
    40  such additional inspector list is exhausted. Once the additional inspec-
    41  tor  list is exhausted, the inspector or inspectors present, or in their
    42  absence the poll clerk or clerks present, if any, shall  appoint  quali-
    43  fied  voters of the same city or town, who are members of the same party
    44  as such absent inspectors, to act as such inspectors and  clerks,  until
    45  the  inspectors  or  clerks  duly  appointed  by the original appointing
    46  authority, shall appear.
    47    4. If at the time of any such meeting, there shall be a vacancy in the
    48  office of poll clerk, or if a poll clerk shall be absent, the inspectors
    49  who are designees of the same party, or in their absence, any poll clerk
    50  of the same party who is present, shall appoint  qualified  poll  clerks
    51  from the additional inspector list established pursuant to section 3-406
    52  of  this  title  until such additional inspector list is exhausted. Once
    53  the additional inspector list is exhausted, the inspector or  inspectors
    54  present,  or  in their absence the poll clerk or clerks present, if any,
    55  shall appoint a qualified voter of the same city or town who is a member
    56  of the same party, to act in place of the absent poll clerk.

        A. 7072                             3
     1    5. Every person so appointed or named shall take the oath  of  office,
     2  which shall be administered by any person authorized to administer oaths
     3  or by one of the inspectors.
     4    § 4. This act shall take effect immediately.
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