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A00473 Summary:

BILL NOA00473
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSRCarroll R, Hevesi, Lunsford, Dinowitz, Simon, Epstein, Taylor, Seawright, Shrestha, Davila, Cruz, Simone, Reyes
 
MLTSPNSR
 
Add §8-501, El L
 
Establishes a nonpartisan poll monitoring program.
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A00473 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           473
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M. of A. PAULIN, R. CARROLL, HEVESI, LUNSFORD, DINOWITZ,
          SIMON, EPSTEIN, TAYLOR, SEAWRIGHT,  SHRESTHA,  DAVILA,  CRUZ,  SIMONE,
          REYES -- read once and referred to the Committee on Election Law
 
        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:
 
     1    Section  1.  The election law is amended by adding a new section 8-501
     2  to read as follows:
     3    § 8-501. Nonpartisan  poll  monitor.  1.  For  the  purposes  of  this
     4  section, the following terms shall have the following meanings:
     5    (a)  "Civic  organization"  shall mean any corporation, unincorporated
     6  association, or organization that:
     7    (i) consists of citizens interested in providing voter information and
     8  education,  the  protection  of  individual  voters'  rights,  and   the
     9  promotion of free and equal election;
    10    (ii)  as  part  of  its  written articles of incorporation, bylaws, or
    11  charter or  by  separate  written  declaration,  has  among  its  stated
    12  purposes   the   provision  of  voter  information  and  education,  the
    13  protection of individual voters' rights,  and  the  promotion  of  free,
    14  fair, accessible and secure elections;
    15    (iii)  is  organized  or  primarily conducts its activities within the
    16  state of New York; and
    17    (iv) continuously maintains an office or business location within  the
    18  state  of  New York, together with a current listed telephone number for
    19  no less than one year prior to filing the statement specified in  subdi-
    20  vision four of this section.
    21    (b)  "Ballot  issue committee" shall mean a political committee formed
    22  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.
                                                                   LBD02091-01-5

        A. 473                              2
 
     1    2. In addition to the watchers appointed pursuant to section 8-500  of
     2  this title, nonpartisan poll monitors may be appointed by a civic organ-
     3  ization or a ballot issue committee.
     4    3.  Each  civic  organization and each ballot issue committee shall be
     5  entitled to appoint no more than two nonpartisan poll monitors per poll-
     6  ing place.
     7    4. Not less than thirty-two days and not  more  than  forty-five  days
     8  before  the first election for which the organization or committee plans
     9  to appoint nonpartisan poll monitors, the state board of elections shall
    10  receive a statement from any  organization  or  ballot  issue  committee
    11  desiring  to  appoint nonpartisan poll monitors setting forth the inten-
    12  tion of the organization or committee to appoint nonpartisan poll  moni-
    13  tors.
    14    (a)  The statement shall be signed and sworn to by the chief presiding
    15  officer, the secretary, or some other officer  of  the  organization  or
    16  committee and shall set forth:
    17    (i)  the  reason why the organization or committee claims the right to
    18  appoint nonpartisan poll monitors;
    19    (ii) the names and addresses of its principal officers;
    20    (iii) a statement specifying the civic organization  or  ballot  issue
    21  committee's  office  address,  phone  number  and  an email to which all
    22  future communications shall be addressed; and
    23    (iv) verification of length of time it has maintained  an  office  and
    24  phone in New York, if a civic organization or, if a ballot issue commit-
    25  tee,  verifying  that  it  has  satisfied  its  filing obligations under
    26  section 14-118 of this chapter.
    27    (b) Such statement shall also be accompanied by:
    28    (i) a copy of the instructional materials the organization or  commit-
    29  tee will use to train poll monitors regarding voters' rights, as well as
    30  basic election day and voting procedures under the election law;
    31    (ii)  a copy of the volunteer pledge which the organization or commit-
    32  tee requires its poll monitors to sign  after  receiving  the  training,
    33  which  explains what it means to be a nonpartisan poll monitor, acknowl-
    34  edges the obligation to strictly maintain nonpartisan status while serv-
    35  ing as a poll monitor for the appointing organization or committee,  and
    36  agrees to abide by the restrictions set forth in subdivision ten of this
    37  section;
    38    (iii)  a  written  commitment  to train its volunteer poll monitors in
    39  accordance with the provided instructional materials and retain a signed
    40  copy of each assigned poll monitor's volunteer pledge, executed pursuant
    41  to subparagraph (ii) of this paragraph, prior  to  assigning  that  poll
    42  monitor to a polling place, signed under penalty of perjury by a princi-
    43  pal officer; and
    44    (iv)  a statement whether the requested approval is for the next imme-
    45  diate election or for all elections occurring in  the  current  calendar
    46  year subsequent to the date of application.
    47    (c) The state board of elections may deny an organization or committee
    48  the authorization to appoint nonpartisan poll monitors if that organiza-
    49  tion  or  committee  fails to furnish evidence satisfactory to the state
    50  board of elections that the organization or committee is devoted to  the
    51  purposes  enumerated  or has maintained an office and a publicized phone
    52  number in New York state for no less than one year, for failure  of  the
    53  required  instructional  materials  to  adequately outline basic voters'
    54  rights and relevant administrative provisions of the  election  law,  or
    55  for  failing  to  provide  a  volunteer  pledge  form that satisfies the
    56  requirements of subparagraph (iii) of paragraph (b) of this subdivision.

        A. 473                              3
 
     1    5. Not later than two business days after receipt of  a  statement  of
     2  intent  to  appoint  nonpartisan poll monitors under subdivision four of
     3  this section but in no event later than the twenty-eighth day before the
     4  upcoming election,  the  executive  directors  of  the  state  board  of
     5  elections  shall  approve  or  deny  the  organization's  or committee's
     6  authorization to appoint nonpartisan poll monitors and notify the organ-
     7  ization or committee of that approval or denial via email and  overnight
     8  delivery,  which  shall be deemed to have been received by the day after
     9  transmission. Authorization shall only be denied on the basis  that  the
    10  applying  organization or committee fails to satisfy the requirements of
    11  paragraphs (a) and (b) of subdivision four of this section. If  authori-
    12  zation  is  denied  under this subdivision, an organization or committee
    13  may appeal the denial with the  commissioners  of  the  state  board  of
    14  elections  by email or overnight delivery. The appeal of the denial must
    15  be received by the state board not later than two days after the date of
    16  the issue of the denial, but in no event later than the twenty-fifth day
    17  before the upcoming election. Not later  than  twenty  days  before  the
    18  upcoming  election,  the  commissioners shall consider the appeal of any
    19  denials. The commissioners' consideration of any appeal  shall  be  made
    20  solely  by  review  of  the  executive  directors'  denial, the original
    21  submission made by the appealing organization and  any  further  written
    22  submissions made with the appeal.  Based on such review, the commission-
    23  ers  shall  approve  or  deny the organization's or committee's authori-
    24  zation to appoint monitors and notify the organization or committee  and
    25  the  executive  directors  of that decision by email. Such review may be
    26  conducted remotely, subject to the requirements of the open meetings law
    27  for remote or hybrid meetings.
    28    6. No later than fifteen days before an election, the state  board  of
    29  elections shall send a list of all organizations or committees that have
    30  been  approved to appoint nonpartisan poll monitors to all county boards
    31  of elections. Each organization or committee so approved  shall  provide
    32  the  board  of  elections  for  each county in which the organization or
    33  committee plans to place nonpartisan poll monitors with a  list  of  the
    34  individuals it has trained and will deploy no later than two days before
    35  the  start  of  early voting for the relevant election. Such list may be
    36  amended no later than noon on the Monday before  the  relevant  election
    37  day.
    38    7.  All  nonpartisan  poll  monitors shall be required to wear a badge
    39  with their name and the name of the civic organization or committee  the
    40  individual is representing, and to have proper credentials. Such creden-
    41  tials shall be issued by and under the facsimile signatures of the rele-
    42  vant  board  of elections and shall be available for distribution by the
    43  relevant board of elections at least ten days  prior  to  the  election.
    44  Such  credentials shall be authorized by the real or facsimile signature
    45  of the presiding officer of the civic organization or the chair  of  the
    46  ballot issue committee, as the case may be. The presiding officer of the
    47  civic  organization or the chair of the ballot issue committee shall not
    48  be required to submit the names or other information concerning  nonpar-
    49  tisan  poll monitors before making credentials available to such persons
    50  or organizations.
    51    8. For all elections, appointed nonpartisan poll monitors pursuant  to
    52  this  section shall be registered to vote in the county or city in which
    53  the polling place to which they are assigned as a nonpartisan poll moni-
    54  tor is located, except that residents aged sixteen and seventeen who are
    55  currently residing and enrolled in school in such  county  or  city  may
    56  serve as poll monitors.

        A. 473                              4
 
     1    9.  No person shall be qualified for appointment as a nonpartisan poll
     2  monitor:
     3    (a)  who  is not a registered voter in the county or city in which the
     4  poll site or sites they will monitor is located,  except  for  residents
     5  aged  sixteen and seventeen who are currently enrolled in school in such
     6  county or city;
     7    (b) who is a candidate for any office to be voted for at the election;
     8    (c) who is a spouse, parent, child, or sibling of any candidate to  be
     9  voted for at the election;
    10    (d)  who is married to a parent, child, or sibling of any candidate to
    11  be voted for at the election or who is the parent of the spouse  of  any
    12  candidate to be voted for at the election;
    13    (e) who is a sheriff, deputy sheriff, marshal, deputy marshal or state
    14  or municipal police officer; or
    15    (f)  who  has failed to sign the volunteer pledge required pursuant to
    16  subparagraph (ii) of paragraph (b) of subdivision four of this section.
    17    10. (a) A nonpartisan poll monitor appointed pursuant to this  section
    18  is not permitted to do any of the following while inside a polling site:
    19    (i) query, solicit or interview voters.
    20    (ii) make audio or video recordings of any voter or ballot.
    21    (iii)  in any manner intervene or interfere with the administration of
    22  the election.
    23    (iv) fail to comply with all instructions given to  them  by  election
    24  officials even if they disagree with those instructions.
    25    (b)  Nothing in this section shall prohibit a nonpartisan poll monitor
    26  from assisting a voter upon personal request of such voter and upon  the
    27  nonpartisan  poll  monitor  taking the oath required by section 8-306 of
    28  this article; provided however, a nonpartisan poll monitor shall not  be
    29  required  to  take  such  oath  unless  such monitor will be assisting a
    30  voter, and provided further, nothing in this section shall be  construed
    31  to  otherwise  prevent non-electioneering communication with voters that
    32  occurs outside of a polling place.
    33    11. A nonpartisan poll monitor appointed pursuant to this section  may
    34  do one or more of the following:
    35    (a)  observe the manner in which the duties of the election inspectors
    36  are being performed.
    37    (b) bring to an election inspector's attention any of the following:
    38    (i) improper handling of a ballot by an elector or election inspector.
    39    (ii) campaigning or electioneering  being  performed  by  an  election
    40  inspector or other person in violation of this chapter.
    41    (iii) an election procedure that is not being properly performed.
    42    (iv)  a  violation of election law or other prescribed election proce-
    43  dure.
    44    (c) remain during the canvass of votes  and  until  the  statement  of
    45  returns is duly signed and made.
    46    (d) assist any voter upon request.
    47    (e) keep records of votes cast.
    48    12.  Nonpartisan  poll  monitors shall present their credentials to an
    49  election inspector upon entering any polling place to which they may  be
    50  assigned,  which  credentials  shall  be  in substantially the following
    51  form:
 
    52                          POLL MONITOR CREDENTIALS
    53  In accordance with the provisions of the Election Law,  the  undersigned
    54  is  authorized  to appoint __________ (name of poll monitor) who resides
    55  at ___________ (address) in the county of ___________, __________ (town-

        A. 473                              5
 
     1  ship or municipality) of ______________ (name), State of  New  York  and
     2  who is duly registered to vote from this address, to act as a poll moni-
     3  tor,  at  the  polling  place(s)  located  in  the  (county  or city) of
     4  ___________  at the ___________(special, primary or general) election to
     5  be held on (insert date).
 
     6  ___________________________________(Signature of  Appointing  Authority)
     7  ___________________________________TITLE (civic organization president,
     8                                     Ballot issue committee chair)
 
     9  Under  penalty  of  perjury, the undersigned poll monitor certifies that
    10  such poll monitor resides at _______________(address) in the  county  of
    11  _________  (township or municipality) of __________ (name), State of New
    12  York, and is duly registered to vote in New York.
 
    13  __________________________         ___________________________
    14  (Election District & Assembly      (Signature of Poll Monitor)
    15  District in
    16  Which Poll Monitor Resides)
    17    13. Nonpartisan poll monitor credentials properly executed and  signed
    18  shall  be  proof  of  the qualifications of the nonpartisan poll monitor
    19  authorized thereby. After presenting such  credentials  to  an  election
    20  inspector,  the credentials are retained by the monitor but turned in to
    21  an election inspector at the final  polling  location  which  a  monitor
    22  visits and returned to the relevant board of elections at the end of the
    23  day  of  election  with the other election materials. A nonpartisan poll
    24  monitor may leave and reenter  the  polling  place  provided  that  such
    25  continuing action does not disrupt the conduct of the election.  Nonpar-
    26  tisan poll monitors may be substituted during the course of the day, but
    27  qualified  civic  organizations  can  have only as many nonpartisan poll
    28  monitors at any given time as are authorized in this section. A  substi-
    29  tute shall present their signed credential to the inspectors of election
    30  upon entering the polling place and shall wear the required badge.
    31    14. There shall be no more than two nonpartisan poll monitors from any
    32  organization or committee at any polling place at the same time. If more
    33  than  one organization or committee assigns nonpartisan poll monitors to
    34  the same polling place, then election inspectors may limit the number of
    35  nonpartisan poll monitors, with only one monitor from each  organization
    36  or committee within the polling place at the same time, up to a limit of
    37  four separate organizations or committees.
    38    § 2. This act shall take effect immediately.
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