STATE OF NEW YORK ________________________________________________________________________
268
2023-2024 Regular Sessions
IN ASSEMBLY
January 4, 2023 ___________
Introduced by M. of A. WALKER -- Multi-Sponsored by -- M. of A. BRONSON, CARROLL, COLTON, COOK, DICKENS, GLICK, HUNTER, HYNDMAN, JEAN-PIERRE, LUPARDO, PAULIN, PRETLOW, L. ROSENTHAL, SIMON, STECK, WEPRIN, ZEBROW- SKI, ZINERMAN -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to mandatory training curriculum for poll workers
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. Subdivisions 1, 1-a and 2 of section 3-412 of the election 2 law, subdivision 1 as amended by chapter 310 of the laws of 2021, subdi- 3 vision 1-a as added by chapter 181 of the laws of 2005 and subdivision 2 4 as amended by chapter 180 of the laws of 2005, are amended and three new 5 subdivisions 1-b, 1-c and 1-d are added to read as follows: 6 1. Each board of elections shall, at least once every year, conduct a 7 mandatory school for the instruction of election inspectors, poll clerks 8 and election coordinators. Such instruction may be given in person or 9 online at various times throughout the year, provided that online 10 instruction shall be offered over a two week period that includes the 11 date for in-person instruction. Such training shall be offered no less 12 frequently than on a quarterly basis. Certain online participants may be 13 required to supplement online instruction with in-person instruction 14 that includes the use of voting machines or other matters requiring 15 specialized training. Written notice shall be given to participants 16 stating the time and place at which such in-person instruction shall be 17 held, the option to obtain instruction online with direction on how to 18 access the online option, and identifying the participants that must 19 attend in-person instruction in addition to online instruction. 20 1-a. The state board of elections shall establish a mandatory core 21 curriculum for poll worker training which includes the requirements in 22 subdivision two of this section, [as amended by a chapter of the laws of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01023-01-3
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1 2005,] and the rights of voters at the polls and obligation of election 2 workers to protect those rights while maintaining the integrity of the 3 franchise, including assisting voters with disabilities or with limited 4 or no proficiency in the English language, handling, processing and 5 entitlement to ballots, including affidavit and emergency ballots, prop- 6 er identification requirements, procedures to be followed with respect 7 to voters whose names are not on the list of registered voters or whose 8 identities have not been verified, electioneering and other violations 9 of the elective franchise as defined in this chapter, solicitation by 10 individuals and groups at the polling place and procedures to be 11 followed after the polls close. Each board of elections shall augment 12 the core curriculum with local procedures not inconsistent with the core 13 curriculum adopted by the state board of elections and which includes 14 procedures relating to proper operation of, and remedying problems with, 15 the voting machine or system in use in that jurisdiction. 16 1-b. The state board of elections shall establish and host an educa- 17 tion and training institute which shall be responsible for the develop- 18 ment and implementation of a statewide program wherein persons can 19 become certified poll worker trainers. This institute shall also create 20 a train-the-trainer program, in order for county boards of elections to 21 implement an effective training program at their respective local level 22 of program delivery. The state board's trainers shall include in the 23 trainer curriculum to be developed, attention to, inter alia, poll work- 24 er ability to serve a diverse electorate with complete confidence and 25 respect; professionalizing the delivery of all election day services; 26 providing assistance to voters with disabilities and those with limited 27 English language proficiency, ensuring the dignity and privacy of such 28 individuals; and to individuals who are members of racial or ethnic 29 minorities, complete familiarity and comfort with all voting systems in 30 use in poll sites, including ballot marking devices or other 31 systems/services available to voters with disabilities; and poll worker 32 ability to recognize and resolve a variety of issues which may arise in 33 poll sites. The state board's trainers and all certified poll worker 34 instructors shall utilize industry-proven training techniques aimed at 35 adult learners including role-based training and hands-on training 36 opportunities using official election day forms and poll site voting 37 systems and may further include a web-based component and companion 38 video. 39 1-c. County boards shall enroll trainers in the program in such quan- 40 tities to ensure that an adequate contingent of fully trained and certi- 41 fied poll worker trainers are available to meet the training needs of 42 such county. Each county board of elections shall enroll not less than 43 two persons designated by the county board on a bipartisan basis, in the 44 state board of elections training institute. Certified trainers must 45 maintain their certification by attending once every two years, a 46 continuing education program, to ensure the professionalism of the poll 47 worker training agenda set by the state board of elections. Enrollees 48 who have successfully completed the state board's training program and 49 been awarded a "certified poll worker instructor" certificate may serve 50 at the county board as a trainer of poll workers as well as a trainer of 51 other bi-partisan designees of the county board, however the conferring 52 of the title "certified poll worker instructor" may be made only by the 53 state board of elections. 54 1-d. The state board of elections shall adopt such rules and regu- 55 lations which may be necessary to create the training institute and 56 associated curricula provided for in subdivisions one-a, one-b and one-c
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1 of this section, including a process whereby attendees who successfully 2 complete a state board-sponsored training program shall be awarded a 3 certificate conferring upon him or her, the title of "certified poll 4 worker instructor". 5 2. Election inspectors, poll clerks and election coordinators shall be 6 instructed concerning, but not limited to, the following topics: the 7 election law and any relevant statutory updates, the taking of registra- 8 tions, the use of voting machines, disability etiquette, affidavit and 9 emergency voting processes, use of electronic poll books, providing 10 assistance to voters with limited English language proficiency and their 11 duties in connection therewith as soon as possible after their desig- 12 nation. 13 ยง 2. This act shall take effect on the one hundred eightieth day after 14 it shall have become a law. Effective immediately, the addition, amend- 15 ment and/or repeal of any rule or regulation necessary for the implemen- 16 tation of this act on its effective date are authorized and directed to 17 be made and completed on or before such effective date.