NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2408A
SPONSOR: Paulin TITLE OF BILL:
An act to amend the election law, in relation to establishing nonparti-
san poll monitors
PURPOSE OR GENERAL IDEA OF BILL:
To establish nonpartisan poll monitors
SUMMARY OF SPECIFIC PROVISIONS:
Section One: Amends the election law by adding a new section 8-501
Subdivision (1): Includes definitions for "civic organization" and
"ballot issue committee."
Subdivision (2): States, in addition to watchers appointed pursuant to
section 8-500 of election law, nonpartisan poll monitors may be
appointed by a civic organization or a ballot issue committee.
Subdivision (3): Entitles each civic organization and each ballot issue
committee to appoint no more than two nonpartisan poll monitors per
polling place.
Subdivision (4): Requires those civic organizations or ballot issue
committees desiring to appoint nonpartisan poll monitors to file with
the state board of elections, not less than thirty-two days and not more
than forty-five days before an election, a statement setting forth the
intention of the organization or committee to appoint nonpartisan poll
monitors. Such statement shall be accompanied by a copy of the instruc-
tional materials the organization or committee will use to train its
poll monitors, a copy of the volunteer pledge which its poll monitors
will sign after receiving the training,
a.written commitment to train its poll monitors in accordance with the
provided instructional materials, and a statement whether the requested
approval is for the next immediate election or for all elections occur-
ring in the current calendar year. The board of elections may deny an
organization or committee the authorization to appoint nonpartisan poll
monitors if insufficient evidence is furnished to the board, for inade-
quate instructional materials, or for failure to provide a satisfactory
volunteer pledge form.
Subdivision (5): Requires the executives of the state board of
elections, not less than the twenty-eighth day before the upcoming
election and no later than two business days after receipt of a state-
ment of intent, to approve or deny the organization's or committee's
authorization to appoint nonpartisan poll monitors' and notify the
organization or committee of that approval or denial. Authorization
shall only be denied on the basis that the applying organization or
committee fails to satisfy the requirements set forth in this section.
If denied, an organization or committee may appeal the denial with the
commissioners of the state board of elections not later than two busi-
ness days after issue of the denial. The commissioners must review the
denial and approve or deny the appeal not later than two business days
after receipt of an appeal.
Subdivision (6): Requires the state board of elections, no later than
fifteen days before an election, to send a list of all organizations or
committees that have been approved to appoint nonpartisan poll monitors
to all county boards of elections.
Subdivision (7): Requires all nonpartisan poll members to wear a badge
with their name and the name of the civic organization or committee the
individual is representing. Also requires all nonpartisan poll members
to have proper credentials, which shall be issued by and under the
facsimile signatures of the relevant board of elections and shall be
available for distribution by the relevant board of elections at least
ten days prior to the election.
Subdivision (8): Requires appointed nonpartisan poll monitors to be
registered to vote in the county or city in which the polling place to
which they are assigned as a nonpartisan poll monitor, except that resi-
dents aged sixteen and seventeen who are currently residing and enrolled
in school in such county or city may serve as nonpartisan poll monitors.
Subdivision (9): Includes those individuals prohibited from being
appointed as nonpartisan poll monitors.
Subdivision (10): Includes actions which a nonpartisan poll monitored is
not permitted to take.
Subdivision (11): Includes permissible actions of a nonpartisan poll
monitor.
Subdivision (12): Includes the poll monitor credentials form, which must
be presented to an election inspector upon entering any polling place to
which they may be assigned.
Subdivision (13): Requires the nonpartisan poll monitor to turn in
credentials to an election inspector at the final polling location in
which a monitor visits and returned to the board of elections at the end
of the day of election with other election materials. Allows a nonparti-
san poll monitors to leave and reenter the polling place provided that
such action does not disrupt the conduct of the election. Nonpartisan
poll monitors may be substituted during the course of the day, but qual-
ified civic organizations can have only as may nonpartisan poll monitors
at any given time are authorized in this section.
Subdivision (14): Mandates no more than two nonpartisan poll monitors
from any organization or committee at any polling place at the same
time. If more than one organization or committee assigns nonpartisan
poll monitors to the same polling place, then election inspectors may
limit the number of nonpartisan poll monitors, with only one monitor
from each organization or committee within the polling place at the same
time, up to a limit of four separate organizations or committees.
Section Two: Effective date
JUSTIFICATION:
The right to vote and be heard is fundamental to democracy. Unfortu-
nately, it is not uncommon for eligible voters to become discouraged
from voting or wrongly turned away from the polls. Over the past few
years, we have seen a disturbing increase in the number and scope of
attempts to suppress the votes of American citizens. This legislation
proposes to protect the rights of voters by certifying nonpartisan poll
monitors responsible for observing and monitoring the integrity of poll-
ing as well as helping to ensure voters know their rights and are able
to cast their votes. This bill seeks to certify nonpartisan poll moni-
tors who can report and solve issues that may arise at an election site.
LEGISLATIVE HISTORY:
A.5389 of 2021 and 2022, referred to election law. Same as S.4725 of
2021 and 2022, referred to elections.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This bill will take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2408--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Election Law -- recommitted to the Committee on Election Law in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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.
LBD05232-10-4
A. 2408--A 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 subparagraph (ii) of this paragraph, prior to assigning that poll moni-
42 tor to a polling place, signed under penalty of perjury by a principal
43 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 board of elections may deny an organization or committee the
48 authorization to appoint nonpartisan poll monitors if that organization
49 or committee fails to furnish evidence satisfactory to the board of
50 elections that the organization or committee is devoted to the purposes
51 enumerated or has maintained an office and a publicized phone number in
52 New York state for no less than one year, for failure of the required
53 instructional materials to adequately outline basic voters' rights and
54 relevant administrative provisions of the election law, or for failing
55 to provide a volunteer pledge form that satisfies the requirements of
56 subparagraph (iii) of paragraph (b) of this subdivision.
A. 2408--A 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 committee 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. 2408--A 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, brother or sister of any candidate
9 to be voted for at the election;
10 (d) who is married to a parent, child, brother or sister of any candi-
11 date to be voted for at the election or who is the parent of the spouse
12 of any 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 nonpartisan poll monitors
26 from responding to inquiries from a voter or assisting any voter upon
27 the voter's request.
28 11. A nonpartisan poll monitor appointed pursuant to this section may
29 do one or more of the following:
30 (a) observe the manner in which the duties of the election inspectors
31 are being performed.
32 (b) bring to an election inspector's attention any of the following:
33 (i) improper handling of a ballot by an elector or election inspector.
34 (ii) campaigning or electioneering being performed by an election
35 inspector or other person in violation of this chapter.
36 (iii) an election procedure that is not being properly performed.
37 (iv) a violation of election law or other prescribed election proce-
38 dure.
39 (c) remain during the canvass of votes and until the statement of
40 returns is duly signed and made.
41 (d) assist any voter upon request.
42 (e) keep records of votes cast.
43 12. Nonpartisan poll monitors shall present their credentials to an
44 election inspector upon entering any polling place to which they may be
45 assigned, which credentials shall be in substantially the following
46 form:
47 POLL MONITOR CREDENTIALS
48 In accordance with the provisions of the Election Law, the undersigned
49 is authorized to appoint __________ (name of poll monitor) who resides
50 at ___________ (address) in the county of ___________, __________ (town-
51 ship or municipality) of ______________ (name), State of New York and
52 who is duly registered to vote from this address, to act as a poll moni-
53 tor, at the polling place(s) located in the (county or city) of
54 ___________ at the ___________(special, primary or general) election to
55 be held on (insert date).
A. 2408--A 5
1 ___________________________________(Signature of Appointing Authority)
2 ___________________________________TITLE (civic organization president,
3 Ballot issue committee chair)
4 Under penalty of perjury, the undersigned poll monitor certifies that he
5 or she resides at _______________(address) in the county of _________
6 (township or municipality) of __________ (name), State of New York, and
7 is duly registered to vote in New York.
8 _____________________________________________________
9 (Election District & Assembly(Signature of Poll Monitor)
10 District in
11 Which Poll Monitor Resides)
12 13. Nonpartisan poll monitor credentials properly executed and signed
13 shall be proof of the qualifications of the nonpartisan poll monitor
14 authorized thereby. After presenting such credentials to an election
15 inspector, the credentials are retained by the monitor but turned in to
16 an election inspector at the final polling location which a monitor
17 visits and returned to the relevant board of elections at the end of the
18 day of election with the other election materials. A nonpartisan poll
19 monitor may leave and reenter the polling place provided that such
20 continuing action does not disrupt the conduct of the election. Nonpar-
21 tisan poll monitors may be substituted during the course of the day, but
22 qualified civic organizations can have only as many nonpartisan poll
23 monitors at any given time as are authorized in this section. A substi-
24 tute shall present his or her signed credential to the inspectors of
25 election upon entering the polling place and shall wear the required
26 badge.
27 14. There shall be no more than two nonpartisan poll monitors from any
28 organization or committee at any polling place at the same time. If more
29 than one organization or committee assigns nonpartisan poll monitors to
30 the same polling place, then election inspectors may limit the number of
31 nonpartisan poll monitors, with only one monitor from each organization
32 or committee within the polling place at the same time, up to a limit of
33 four separate organizations or committees.
34 § 2. This act shall take effect immediately.
