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A04467 Summary:

A04467 Actions:

A04467 Floor Votes:

A04467 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4467--A
                                                                Cal. No. 332
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2009
                                       ___________
 
        Introduced  by M. of A. BRODSKY -- Multi-Sponsored by -- M. of A. CHRIS-
          TENSEN, COOK, DINOWITZ, FARRELL, GALEF, GOTTFRIED, JOHN, LIFTON, McEN-
          ENY, MILLMAN, PAULIN, WRIGHT -- read once and referred to the  Commit-
          tee  on  Election  Law -- reported from committee, advanced to a third

          reading, amended and ordered reprinted, retaining  its  place  on  the
          order of third reading
 
        AN  ACT to amend the election law, the labor law, and the education law,
          in relation to authorizing persons seventeen years of age to serve  as
          election  inspectors  and  poll clerks and to repeal section 3207-a of
          the education law relating to authorizing the board  of  education  of
          the city of New York to reduce the length of recitation periods
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 6 of section 3-400  of  the  election  law,  as
     2  amended  by chapter 340 of the laws of 1995, is amended and a new subdi-
     3  vision 7 is added to read as follows:
     4    6. No person shall be certified or act as  an  election  inspector  or

     5  poll  clerk  who  is  not a registered voter (unless such person is duly
     6  qualified under subdivision seven of this section) and a resident of the
     7  county in which he or she serves, or within the city  of  New  York,  of
     8  such  city,  who holds any elective public office, or who is a candidate
     9  for any public office to be voted for by the voters of the  district  in
    10  which  he  or she is to serve, or the spouse, parent, or child of such a
    11  candidate, or who is not able to speak and read the English language and
    12  write it legibly.
    13    7.   A person seventeen years of age  who  is  enrolled  in  a  school
    14  district  and  fulfilling the requirements of section thirty-two hundred
    15  seven-a of the education law shall be eligible to be appointed  as,  and

    16  to  perform  the  duties  of,  an  election  inspector  or poll clerk as
    17  provided in this chapter.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08212-03-0
        A. 4467--A                          2
 
     1    § 2. Subdivision 3 of section 132 of  the  labor  law  is  amended  by
     2  adding a new paragraph f to read as follows:
     3    f.  Nothing in this section shall be construed to prohibit the employ-
     4  ment of a minor seventeen years of age as an election inspector or  poll
     5  clerk  pursuant  to  section 3-400 of the election law, or to require an
     6  employment certificate or permit therefor.

     7    § 3. Section 143 of the labor law is amended by adding a new  subdivi-
     8  sion 6 to read as follows:
     9    6. The provisions of this section shall not apply to the employment of
    10  a  minor  seventeen  years of age as an election inspector or poll clerk
    11  pursuant to section 3-400 of the election law.
    12    § 4. Section 2025 of the education law is  amended  by  adding  a  new
    13  subdivision 6 to read as follows:
    14    6.  A  person  seventeen  years  of  age  who  is enrolled in a school
    15  district and fulfilling the requirements of section  thirty-two  hundred
    16  seven-a  of  this  chapter  shall be eligible to be appointed as, and to
    17  perform the duties of, an election inspector or poll clerk  as  provided
    18  in this part.

    19    § 5. Section 2036 of the education law, as added by chapter 801 of the
    20  laws of 1953, is amended to read as follows:
    21    § 2036. Effect  of  failure  to  appoint  or elect qualified voters as
    22  district meeting or election officials.  The proceedings of no annual or
    23  special school district meeting or election shall be  held  illegal  for
    24  failure  to  appoint  or elect a qualified voter (or a person satisfying
    25  the requirements of subdivision seven of section 3-400 of  the  election
    26  law)  as  an  official  at  such district meeting or election, unless it
    27  shall appear that the acts of such official or officials  were  improper
    28  or that the action of such meeting or election was prejudiced thereby.
    29    §  6.  Section 2607 of the education law, as amended by chapter 231 of
    30  the laws of 1958, is amended to read as follows:

    31    § 2607. Inspectors of election; organization.  Not less than ten  days
    32  prior  to  each special or annual election, the board of education shall
    33  appoint for each election district three qualified voters residing ther-
    34  ein to act as inspectors of election in such election district  at  such
    35  election.  The clerk of the board of education shall give written notice
    36  of  appointment  to  the persons so appointed.  If a person appointed an
    37  inspector of election refuses to accept such  appointment  or  fails  to
    38  serve,  the  board  may appoint a qualified voter of the school election
    39  district to fill the vacancy.   Additional inspectors of  elections  for
    40  each  district  may be appointed for one or more of such school election
    41  districts[,] when, in the opinion of the  board,  special  circumstances

    42  exist  requiring  the  services  of  such  additional inspectors.   Such
    43  inspectors shall, before opening the polls in the election district  for
    44  which  they  are  appointed, organize by electing one of their number as
    45  [chairman,] chairperson and one as poll clerk.   The  [chairman]  chair-
    46  person  may  also  appoint  one  of  the inspectors as an assistant poll
    47  clerk.  Each inspector shall receive for his or her services  a  compen-
    48  sation  to  be  fixed by the board of education, not to exceed the basic
    49  compensation paid to inspectors of election  at  the  preceding  general
    50  elections,  as  fixed  by  the  governing body of the city in which such
    51  school district is wholly or partly located,  to  be  paid  out  of  the
    52  school  funds in the same manner as other claims against the city school

    53  district.  Notwithstanding the foregoing provisions of this  section,  a
    54  person  seventeen  years of age who is enrolled in a school district and
    55  fulfilling the requirements of section  thirty-two  hundred  seven-a  of
    56  this  chapter  shall  be eligible to be appointed as, and to perform the
        A. 4467--A                          3
 
     1  duties of, an election inspector or poll clerk as provided in this arti-
     2  cle.
     3    § 7. Section 3207-a of the education law is REPEALED and a new section
     4  3207-a is added to read as follows:
     5    §  3207-a.  Service  of  persons  seventeen  years  of age as election
     6  inspectors or poll clerks. A school  district  may  permit  an  enrolled

     7  student,  with  the consent of such student's parent, guardian, or other
     8  person in parental relation, to serve as an election inspector  or  poll
     9  clerk  pursuant to section 3-400 of the election law (and other applica-
    10  ble provisions of this chapter and the labor law). For the  purposes  of
    11  attendance,  any  student so serving while school is in session shall be
    12  recorded as in attendance.
    13    § 8. This act shall take effect immediately.