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SB5800 Summary:

Amd §3-412, El L
Relates to mandatory training curriculum for poll workers; requires the state board of elections to develop and provide to each county materials for a model poll worker training program which the counties may use to train individuals to serve as poll workers in state and county elections.
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SB5800 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                     March 18, 2021
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections  --  recommitted
          to the Committee on Elections in accordance with Senate Rule 6, sec. 8
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted  to  said  committee  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
        AN ACT to amend the election law,  in  relation  to  mandatory  training
          curriculum for poll workers
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 1, 1-a and 2 of section 3-412 of the  election
     2  law, subdivision 1 as amended by chapter 310 of the laws of 2021, subdi-
     3  vision 1-a as added by chapter 181 of the laws of 2005 and subdivision 2
     4  as amended by chapter 180 of the laws of 2005, are amended and three new
     5  subdivisions 1-b, 1-c and 1-d are added to read as follows:
     6    1.  Each board of elections shall, at least once every year, conduct a
     7  mandatory school for the instruction of election inspectors, poll clerks
     8  and election coordinators. Such instruction may be given  in  person  or
     9  online  at  various  times  throughout  the  year,  provided that online
    10  instruction shall be offered over a two week period  that  includes  the
    11  date  for in-person instruction.  Such training shall be offered no less
    12  frequently than on a quarterly basis. Certain online participants may be
    13  required to supplement online  instruction  with  in-person  instruction
    14  that  includes  the  use  of  voting machines or other matters requiring
    15  specialized training. Written notice  shall  be  given  to  participants
    16  stating  the time and place at which such in-person instruction shall be
    17  held, the option to obtain instruction online with direction on  how  to
    18  access  the  online  option,  and identifying the participants that must
    19  attend in-person instruction in addition to online instruction.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5800--B                          2
     1    1-a. The state board of elections shall  establish  a  mandatory  core
     2  curriculum  for  poll worker training which includes the requirements in
     3  subdivision two of this section, [as amended by a chapter of the laws of
     4  2005,] and the rights of voters at the polls and obligation of  election
     5  workers  to  protect those rights while maintaining the integrity of the
     6  franchise, including assisting voters with disabilities or with  limited
     7  or  no  proficiency  in  the  English language, handling, processing and
     8  entitlement to ballots, including affidavit and emergency ballots, prop-
     9  er identification requirements, procedures to be followed  with  respect
    10  to  voters whose names are not on the list of registered voters or whose
    11  identities have not been verified, electioneering and  other  violations
    12  of  the  elective  franchise as defined in this chapter, solicitation by
    13  individuals and groups  at  the  polling  place  and  procedures  to  be
    14  followed  after  the  polls close. Each board of elections shall augment
    15  the core curriculum with local procedures not inconsistent with the core
    16  curriculum adopted by the state board of elections  and  which  includes
    17  procedures relating to proper operation of, and remedying problems with,
    18  the voting machine or system in use in that jurisdiction.
    19    1-b.  The  state board of elections shall establish and host an educa-
    20  tion and training institute which shall be responsible for the  develop-
    21  ment  and  implementation  of  a  statewide  program wherein persons can
    22  become certified poll worker trainers. This institute shall also  create
    23  a  train-the-trainer program, in order for county boards of elections to
    24  implement an effective training program at their respective local  level
    25  of  program  delivery.   The state board's trainers shall include in the
    26  trainer curriculum to be developed, attention to, inter alia, poll work-
    27  er ability to serve a diverse electorate with  complete  confidence  and
    28  respect;  professionalizing  the  delivery of all election day services;
    29  providing assistance to voters with disabilities and those with  limited
    30  English  language  proficiency, ensuring the dignity and privacy of such
    31  individuals; and to individuals who are  members  of  racial  or  ethnic
    32  minorities,  complete familiarity and comfort with all voting systems in
    33  use  in  poll  sites,  including  ballot  marking   devices   or   other
    34  systems/services  available to voters with disabilities; and poll worker
    35  ability to recognize and resolve a variety of issues which may arise  in
    36  poll  sites.  The  state  board's trainers and all certified poll worker
    37  instructors shall utilize industry-proven training techniques  aimed  at
    38  adult  learners  including  role-based  training  and  hands-on training
    39  opportunities using official election day forms  and  poll  site  voting
    40  systems  and  may  further  include  a web-based component and companion
    41  video.
    42    1-c. County boards shall enroll trainers in the program in such  quan-
    43  tities to ensure that an adequate contingent of fully trained and certi-
    44  fied  poll  worker  trainers are available to meet the training needs of
    45  such county. Each county board of elections shall enroll not  less  than
    46  two persons designated by the county board on a bipartisan basis, in the
    47  state  board  of  elections  training institute. Certified trainers must
    48  maintain their certification  by  attending  once  every  two  years,  a
    49  continuing  education program, to ensure the professionalism of the poll
    50  worker training agenda set by the state board  of  elections.  Enrollees
    51  who  have  successfully completed the state board's training program and
    52  been awarded a "certified poll worker instructor" certificate may  serve
    53  at the county board as a trainer of poll workers as well as a trainer of
    54  other  bi-partisan designees of the county board, however the conferring
    55  of the title "certified poll worker instructor" may be made only by  the
    56  state board of elections.

        S. 5800--B                          3
     1    1-d.  The  state  board  of elections shall adopt such rules and regu-
     2  lations which may be necessary to  create  the  training  institute  and
     3  associated curricula provided for in subdivisions one-a, one-b and one-c
     4  of  this section, including a process whereby attendees who successfully
     5  complete  a  state  board-sponsored  training program shall be awarded a
     6  certificate conferring upon him or her, the  title  of  "certified  poll
     7  worker instructor".
     8    2. Election inspectors, poll clerks and election coordinators shall be
     9  instructed  concerning,  but  not  limited to, the following topics: the
    10  election law and any relevant statutory updates, the taking of registra-
    11  tions, the use of voting machines, disability etiquette,  affidavit  and
    12  emergency  voting  processes,  use  of  electronic poll books, providing
    13  assistance to voters with limited English language proficiency and their
    14  duties in connection therewith as soon as possible  after  their  desig-
    15  nation.
    16    § 2. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law.  Effective immediately, the addition, amend-
    18  ment and/or repeal of any rule or regulation necessary for the implemen-
    19  tation  of this act on its effective date are authorized and directed to
    20  be made and completed on or before such effective date.
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