STATE OF NEW YORK
________________________________________________________________________
2408--B
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. PAULIN, SOLAGES, CARROLL, HEVESI, LUNSFORD,
DINOWITZ, SIMON, EPSTEIN, TAYLOR, SEAWRIGHT, ZEBROWSKI, SHRESTHA,
DAVILA, CRUZ, SIMONE -- 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 -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05232-12-4
A. 2408--B 2
1 no less than one year prior to filing the statement specified in subdi-
2 vision four of this section.
3 (b) "Ballot issue committee" shall mean a political committee formed
4 to promote the success or defeat of any ballot proposal.
5 2. In addition to the watchers appointed pursuant to section 8-500 of
6 this title, nonpartisan poll monitors may be appointed by a civic organ-
7 ization or a ballot issue committee.
8 3. Each civic organization and each ballot issue committee shall be
9 entitled to appoint no more than two nonpartisan poll monitors per poll-
10 ing place.
11 4. Not less than thirty-two days and not more than forty-five days
12 before the first election for which the organization or committee plans
13 to appoint nonpartisan poll monitors, the state board of elections shall
14 receive a statement from any organization or ballot issue committee
15 desiring to appoint nonpartisan poll monitors setting forth the inten-
16 tion of the organization or committee to appoint nonpartisan poll moni-
17 tors.
18 (a) The statement shall be signed and sworn to by the chief presiding
19 officer, the secretary, or some other officer of the organization or
20 committee and shall set forth:
21 (i) the reason why the organization or committee claims the right to
22 appoint nonpartisan poll monitors;
23 (ii) the names and addresses of its principal officers;
24 (iii) a statement specifying the civic organization or ballot issue
25 committee's office address, phone number and an email to which all
26 future communications shall be addressed; and
27 (iv) verification of length of time it has maintained an office and
28 phone in New York, if a civic organization or, if a ballot issue commit-
29 tee, verifying that it has satisfied its filing obligations under
30 section 14-118 of this chapter.
31 (b) Such statement shall also be accompanied by:
32 (i) a copy of the instructional materials the organization or commit-
33 tee will use to train poll monitors regarding voters' rights, as well as
34 basic election day and voting procedures under the election law;
35 (ii) a copy of the volunteer pledge which the organization or commit-
36 tee requires its poll monitors to sign after receiving the training,
37 which explains what it means to be a nonpartisan poll monitor, acknowl-
38 edges the obligation to strictly maintain nonpartisan status while serv-
39 ing as a poll monitor for the appointing organization or committee, and
40 agrees to abide by the restrictions set forth in subdivision ten of this
41 section;
42 (iii) a written commitment to train its volunteer poll monitors in
43 accordance with the provided instructional materials and retain a signed
44 copy of each assigned poll monitor's volunteer pledge, executed pursuant
45 to subparagraph (ii) of this paragraph, prior to assigning that poll
46 monitor to a polling place, signed under penalty of perjury by a princi-
47 pal officer; and
48 (iv) a statement whether the requested approval is for the next imme-
49 diate election or for all elections occurring in the current calendar
50 year subsequent to the date of application.
51 (c) The state board of elections may deny an organization or committee
52 the authorization to appoint nonpartisan poll monitors if that organiza-
53 tion or committee fails to furnish evidence satisfactory to the state
54 board of elections that the organization or committee is devoted to the
55 purposes enumerated or has maintained an office and a publicized phone
56 number in New York state for no less than one year, for failure of the
A. 2408--B 3
1 required instructional materials to adequately outline basic voters'
2 rights and relevant administrative provisions of the election law, or
3 for failing to provide a volunteer pledge form that satisfies the
4 requirements of subparagraph (iii) of paragraph (b) of this subdivision.
5 5. Not later than two business days after receipt of a statement of
6 intent to appoint nonpartisan poll monitors under subdivision four of
7 this section but in no event later than the twenty-eighth day before the
8 upcoming election, the executive directors of the state board of
9 elections shall approve or deny the organization's or committee's
10 authorization to appoint nonpartisan poll monitors and notify the organ-
11 ization or committee of that approval or denial via email and overnight
12 delivery, which shall be deemed to have been received by the day after
13 transmission. Authorization shall only be denied on the basis that the
14 applying organization or committee fails to satisfy the requirements of
15 paragraphs (a) and (b) of subdivision four of this section. If authori-
16 zation is denied under this subdivision, an organization or committee
17 may appeal the denial with the commissioners of the state board of
18 elections by email or overnight delivery. The appeal of the denial must
19 be received by the state board not later than two days after the date of
20 the issue of the denial, but in no event later than the twenty-fifth day
21 before the upcoming election. Not later than twenty days before the
22 upcoming election, the commissioners shall consider the appeal of any
23 denials. The commissioners' consideration of any appeal shall be made
24 solely by review of the executive directors' denial, the original
25 submission made by the appealing organization and any further written
26 submissions made with the appeal. Based on such review, the commission-
27 ers shall approve or deny the organization's or committee's authori-
28 zation to appoint monitors and notify the organization or committee and
29 the executive directors of that decision by email. Such review may be
30 conducted remotely, subject to the requirements of the open meetings law
31 for remote or hybrid meetings.
32 6. No later than fifteen days before an election, the state board of
33 elections shall send a list of all organizations or committee that have
34 been approved to appoint nonpartisan poll monitors to all county boards
35 of elections. Each organization or committee so approved shall provide
36 the board of elections for each county in which the organization or
37 committee plans to place nonpartisan poll monitors with a list of the
38 individuals it has trained and will deploy no later than two days before
39 the start of early voting for the relevant election. Such list may be
40 amended no later than noon on the Monday before the relevant election
41 day.
42 7. All nonpartisan poll monitors shall be required to wear a badge
43 with their name and the name of the civic organization or committee the
44 individual is representing, and to have proper credentials. Such creden-
45 tials shall be issued by and under the facsimile signatures of the rele-
46 vant board of elections and shall be available for distribution by the
47 relevant board of elections at least ten days prior to the election.
48 Such credentials shall be authorized by the real or facsimile signature
49 of the presiding officer of the civic organization or the chair of the
50 ballot issue committee, as the case may be. The presiding officer of the
51 civic organization or the chair of the ballot issue committee shall not
52 be required to submit the names or other information concerning nonpar-
53 tisan poll monitors before making credentials available to such persons
54 or organizations.
55 8. For all elections, appointed nonpartisan poll monitors pursuant to
56 this section shall be registered to vote in the county or city in which
A. 2408--B 4
1 the polling place to which they are assigned as a nonpartisan poll moni-
2 tor is located, except that residents aged sixteen and seventeen who are
3 currently residing and enrolled in school in such county or city may
4 serve as poll monitors.
5 9. No person shall be qualified for appointment as a nonpartisan poll
6 monitor:
7 (a) who is not a registered voter in the county or city in which the
8 poll site or sites they will monitor is located, except for residents
9 aged sixteen and seventeen who are currently enrolled in school in such
10 county or city;
11 (b) who is a candidate for any office to be voted for at the election;
12 (c) who is a spouse, parent, child, brother or sister of any candidate
13 to be voted for at the election;
14 (d) who is married to a parent, child, brother or sister of any candi-
15 date to be voted for at the election or who is the parent of the spouse
16 of any candidate to be voted for at the election;
17 (e) who is a sheriff, deputy sheriff, marshal, deputy marshal or state
18 or municipal police officer; or
19 (f) who has failed to sign the volunteer pledge required pursuant to
20 subparagraph (ii) of paragraph (b) of subdivision four of this section.
21 10. (a) A nonpartisan poll monitor appointed pursuant to this section
22 is not permitted to do any of the following while inside a polling site:
23 (i) query, solicit or interview voters.
24 (ii) make audio or video recordings of any voter or ballot.
25 (iii) in any manner intervene or interfere with the administration of
26 the election.
27 (iv) fail to comply with all instructions given to them by election
28 officials even if they disagree with those instructions.
29 (b) Nothing in this section shall prohibit a nonpartisan poll monitor
30 from assisting a voter upon personal request of such voter and upon the
31 nonpartisan poll monitor taking the oath required by section 8-306 of
32 this article; provided however, a nonpartisan poll monitor shall not be
33 required to take such oath unless such monitor will be assisting a
34 voter, and provided further, nothing in this section shall be construed
35 to otherwise prevent non-electioneering communication with voters that
36 occurs outside of a polling place.
37 11. A nonpartisan poll monitor appointed pursuant to this section may
38 do one or more of the following:
39 (a) observe the manner in which the duties of the election inspectors
40 are being performed.
41 (b) bring to an election inspector's attention any of the following:
42 (i) improper handling of a ballot by an elector or election inspector.
43 (ii) campaigning or electioneering being performed by an election
44 inspector or other person in violation of this chapter.
45 (iii) an election procedure that is not being properly performed.
46 (iv) a violation of election law or other prescribed election proce-
47 dure.
48 (c) remain during the canvass of votes and until the statement of
49 returns is duly signed and made.
50 (d) assist any voter upon request.
51 (e) keep records of votes cast.
52 12. Nonpartisan poll monitors shall present their credentials to an
53 election inspector upon entering any polling place to which they may be
54 assigned, which credentials shall be in substantially the following
55 form:
A. 2408--B 5
1 POLL MONITOR CREDENTIALS
2 In accordance with the provisions of the Election Law, the undersigned
3 is authorized to appoint __________ (name of poll monitor) who resides
4 at ___________ (address) in the county of ___________, __________ (town-
5 ship or municipality) of ______________ (name), State of New York and
6 who is duly registered to vote from this address, to act as a poll moni-
7 tor, at the polling place(s) located in the (county or city) of
8 ___________ at the ___________(special, primary or general) election to
9 be held on (insert date).
10 ___________________________________(Signature of Appointing Authority)
11 ___________________________________TITLE (civic organization president,
12 Ballot issue committee chair)
13 Under penalty of perjury, the undersigned poll monitor certifies that
14 such poll monitor resides at _______________(address) in the county of
15 _________ (township or municipality) of __________ (name), State of New
16 York, and is duly registered to vote in New York.
17 _____________________________________________________
18 (Election District & Assembly(Signature of Poll Monitor)
19 District in
20 Which Poll Monitor Resides)
21 13. Nonpartisan poll monitor credentials properly executed and signed
22 shall be proof of the qualifications of the nonpartisan poll monitor
23 authorized thereby. After presenting such credentials to an election
24 inspector, the credentials are retained by the monitor but turned in to
25 an election inspector at the final polling location which a monitor
26 visits and returned to the relevant board of elections at the end of the
27 day of election with the other election materials. A nonpartisan poll
28 monitor may leave and reenter the polling place provided that such
29 continuing action does not disrupt the conduct of the election. Nonpar-
30 tisan poll monitors may be substituted during the course of the day, but
31 qualified civic organizations can have only as many nonpartisan poll
32 monitors at any given time as are authorized in this section. A substi-
33 tute shall present their signed credential to the inspectors of election
34 upon entering the polling place and shall wear the required badge.
35 14. There shall be no more than two nonpartisan poll monitors from any
36 organization or committee at any polling place at the same time. If more
37 than one organization or committee assigns nonpartisan poll monitors to
38 the same polling place, then election inspectors may limit the number of
39 nonpartisan poll monitors, with only one monitor from each organization
40 or committee within the polling place at the same time, up to a limit of
41 four separate organizations or committees.
42 § 2. This act shall take effect immediately.
