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New York Statutes § 3-412 Election inspectors and poll clerks; training

⤴ Up to Title 4: Election Inspectors and Poll Clerks

Statute Text

1. Each board of elections shall, at least once every year, conduct a mandatory school for the instruction of election inspectors, poll clerks and election coordinators. Such instruction may be given in person or online at various times throughout the year , provided that online instruction shall be offered over a two week period that includes the date for in-person instruction. Such training shall be offered no less frequently than on a quarterly basis. Certain online participants may be required to supplement online instruction with in-person instruction that includes the use of voting machines or other matters requiring specialized training. Written notice shall be given to participants stating the time and place at which such in-person instruction shall be held, the option to obtain instruction online with direction on how to access the online option, and identifying the participants that must attend in-person instruction in addition to online instruction.
1-a. The state board of elections shall establish a mandatory core curriculum for poll worker training which includes the requirements in subdivision two of this section, [as amended by a chapter of the laws of 2005,] and the rights of voters at the polls and obligation of election workers to protect those rights while maintaining the integrity of the franchise, including assisting voters with disabilities or with limited or no proficiency in the English language, handling, processing and entitlement to ballots, including affidavit and emergency ballots, proper identification requirements, procedures to be followed with respect to voters whose names are not on the list of registered voters or whose identities have not been verified, electioneering and other violations of the elective franchise as defined in this chapter, solicitation by individuals and groups at the polling place and procedures to be followed after the polls close. Each board of elections shall augment the core curriculum with local procedures not inconsistent with the core curriculum adopted by the state board of elections and which includes procedures relating to proper operation of, and remedying problems with, the voting machine or system in use in that jurisdiction.
1-b. The state board of elections shall establish and host an education and training institute which shall be responsible for the development and implementation of a statewide program wherein persons can become certified poll worker trainers. This institute shall also create a train-the-trainer program, in order for county boards of elections to implement an effective training program at their respective local level of program delivery. The state board's trainers shall include in the trainer curriculum to be developed, attention to, inter alia, poll worker ability to serve a diverse electorate with complete confidence and respect; professionalizing the delivery of all election day services; providing assistance to voters with disabilities and those with limited English language proficiency, ensuring the dignity and privacy of such individuals; and to individuals who are members of racial or ethnic minorities, complete familiarity and comfort with all voting systems in use in poll sites, including ballot marking devices or other systems/services available to voters with disabilities; and poll worker ability to recognize and resolve a variety of issues which may arise in poll sites. The state board's trainers and all certified poll worker instructors shall utilize industry-proven training techniques aimed at adult learners including role-based training and hands-on training opportunities using official election day forms and poll site voting systems and may further include a web-based component and companion video.
1-c. County boards shall enroll trainers in the program in such quantities to ensure that an adequate contingent of fully trained and certified poll worker trainers are available to meet the training needs of such county. Each county board of elections shall enroll not less than two persons designated by the county board on a bipartisan basis, in the state board of elections training institute. Certified trainers must maintain their certification by attending once every two years, a continuing education program, to ensure the professionalism of the poll worker training agenda set by the state board of elections. Enrollees who have successfully completed the state board's training program and been awarded a "certified poll worker instructor" certificate may serve at the county board as a trainer of poll workers as well as a trainer of other bi-partisan designees of the county board, however the conferring of the title "certified poll worker instructor" may be made only by the state board of elections.
1-d. The state board of elections shall adopt such rules and regulations which may be necessary to create the training institute and associated curricula provided for in subdivisions one-a, one-b and one-c of this section, including a process whereby attendees who successfully complete a state board-sponsored training program shall be awarded a certificate conferring upon him or her, the title of "certified poll worker instructor".
2. Election inspectors, poll clerks and election coordinators shall be instructed concerning , but not limited to, the following topics: the election law and any relevant statutory updates , the taking of registrations, the use of voting machines, disability etiquette , affidavit and emergency voting processes, use of electronic poll books, providing assistance to voters with limited English language proficiency and their duties in connection therewith as soon as possible after their designation.
3. Election inspectors, poll clerks and election coordinators as required by this section shall, upon their original designation, and every year thereafter, complete a course of instruction, and, before certification, pass an examination thereon. Such examination shall be given both online and in person, provided that those participants whose instructions include the use of voting machines or other matters requiring specialized training may be required to pass an examination on such matters in person. The state board of elections shall supply each board of elections with instructional material to be used in the preparation for such examinations and shall give each such board of elections uniform directions for the conduct of such examinations, which [,] it shall be the duty of the board to follow. Every such board may utilize additional materials selected by it in the course of instruction. No person taking such examination shall be permitted to know the questions or answers in advance or be given access to the answers during the examination. If such inspectors [or] , poll clerks or coordinators pass such examination, the board of elections shall certify the designated election inspector [or] , poll clerk or coordinator .
4. The county board of elections shall within two weeks notify those who have passed the examination, that they are certified to serve.
5. Each board of elections shall reproduce a booklet of instructions for [inspectors] participants prepared by the state board of elections. A copy of such booklet , or digital version, shall be given to each [inspector] participant at the time such [inspector] participant attends the course of instruction. At least one copy of such booklet shall be included with the supplies sent to each election district for each election and day of local registration.

History

Amended by New York Laws 2023 , ch. 477 , Sec. 1 , eff. 3/18/2024 .

Amended by New York Laws 2021 , ch. 310 , Sec. 1 , eff. 10/25/2021 .

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Prior Versions of This Statute