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A04257 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4257--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2021
                                       ___________
 
        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Election Law -- committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend the election law, in relation to providing for online
          and in-person instruction and examination of election inspectors, poll
          clerks and election coordinators
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions  1, 3 and 5 of section 3-412 of the election
     2  law, subdivisions 1 and 3 as amended by chapter 180 of the laws of 2005,
     3  and subdivision 5 as added by chapter 510  of  the  laws  of  1985,  are
     4  amended to read as follows:
     5    1.  Each board of elections shall, at least once every year, conduct a
     6  mandatory school for the instruction of election inspectors, poll clerks
     7  and election coordinators. [They]  Such  instruction  may  be  given  in
     8  person or online, provided that online instruction shall be offered over
     9  a  two  week  period  that  includes the date for in-person instruction.
    10  Certain  online  participants  may  be  required  to  supplement  online
    11  instruction  with  in-person instruction that includes the use of voting
    12  machines or other matters requiring specialized training. Written notice
    13  shall be given [written notice] to participants  stating  the  time  and
    14  place  at  which such [school or schools] in-person instruction shall be
    15  held, the option to obtain instruction online with direction on  how  to
    16  access  the  online  option,  and identifying the participants that must
    17  attend in-person instruction in addition to online instruction.
    18    3. Election inspectors,  poll  clerks  and  election  coordinators  as
    19  required  by  this  section  shall, upon their original designation, and
    20  every year thereafter, complete a course  of  instruction,  and,  before
    21  certification,  pass  an  examination thereon. Such examination shall be
    22  given both online and in person, provided that those participants  whose
    23  instructions include the use of voting machines or other matters requir-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02134-02-1

        A. 4257--A                          2
 
     1  ing  specialized training may be required to pass an examination on such
     2  matters in person. The state board of elections shall supply each  board
     3  of  elections  with instructional material to be used in the preparation
     4  for  such  examinations  and  shall  give  each  such board of elections
     5  uniform directions for the conduct of  such  examinations,  which[,]  it
     6  shall  be  the duty of the board to follow. Every such board may utilize
     7  additional materials selected by it in the  course  of  instruction.  No
     8  person  taking such examination shall be permitted to know the questions
     9  or answers in advance or be given access to the answers during the exam-
    10  ination. If such inspectors [or], poll clerks or coordinators pass  such
    11  examination,  the  board  of  elections  shall  certify  the  designated
    12  election inspector [or], poll clerk or coordinator.
    13    5. Each board of elections shall reproduce a booklet  of  instructions
    14  for  [inspectors] participants prepared by the state board of elections.
    15  A copy of such booklet, or digital  version,  shall  be  given  to  each
    16  [inspector] participant at the time such [inspector] participant attends
    17  the  course  of  instruction. At least one copy of such booklet shall be
    18  included with the supplies sent  to  each  election  district  for  each
    19  election and day of local registration.
    20    §  2.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law. Effective immediately, the addition, amendment and/or
    22  repeal of any rule or regulation necessary  for  the  implementation  of
    23  this  act  on its effective date are authorized to be made and completed
    24  on or before such date.
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