§ 3-400 — Election inspectors and poll clerks; provision for

New York § 3-400

• Jurisdiction: New York
• Law ELN: Election
• Title 4: Election Inspectors and Poll Clerks
• Art. 3: Election Officials

Text

§ 3-400. Election inspectors and poll clerks; provision for. 1. There\nshall be for each election district of the state four election\ninspectors.\n 2. At every general election in each election district where two\nvoting machines are used, there shall be two clerks in addition to the\nfour inspectors of election, except that in an election district located\nin a town, where one voting machine is used, the town board may direct\nthe board of elections to appoint not more than two clerks in such\ndistrict if in the discretion of such board the service of such clerk or\nclerks is reasonably necessary for the proper conduct of the election.\nIn each election district where paper ballots, in addition to one voting\nmachine, are used at a general election, there shall be two clerks in\naddition to the four inspectors of election. In each election district\nwhere paper ballots, in addition to more than one voting machine are\nused at a general election there shall be four clerks in addition to the\nfour inspectors. The duties of such clerks shall be such as shall be\nprescribed by the board of elections and they shall serve at the general\nelection only. When deemed necessary in any election or primary, the\nboard of election may require additional poll clerks to be designated in\nany election district.\n 3. Appointments to the offices of election inspector or poll clerk in\neach election district, shall be equally divided between the major\npolitical parties.\n 4. Before entering on their duties, the election inspectors of each\nelection district outside the city of New York shall appoint one of\ntheir number chairman, to serve as such during his term of office. If a\nmajority shall not agree upon such an appointment, they shall draw lots\nfor that position.\n 5. In the city of New York in each odd numbered election district a\nchairman shall be designated who shall be an inspector named by the\npolitical party which polled the highest number of votes for governor at\nthe last preceding election for such officer and in each even numbered\nelection district a chairman shall be designated who shall be an\ninspector named by the political party which polled the second highest\nnumber of votes for governor at the last preceding election for such\nofficer.\n 6. No person shall be certified or act as an election inspector or\npoll clerk who is not a registered voter (unless such person is duly\nqualified under subdivision eight of this section) and a resident of the\ncounty in which he or she serves, or within the city of New York, of\nsuch city, who holds any elective public office, or who is a candidate\nfor any public office to be voted for by the voters of the district in\nwhich he or she is to serve, or the spouse, parent, or child of such a\ncandidate, or who is not able to speak and read the English language and\nwrite it legibly.\n 7. The board of elections may employ election inspectors or poll\nclerks to work split shifts with adjusted compensation, provided,\nhowever, that at least one election inspector and one poll clerk from\neach of the two major political parties is present at the poll site for\nthe entire time that the polls are open. Each county board of elections\nshall prescribe the necessary rules and procedures to ensure proper poll\nsite operation.\n 8. A person seventeen years of age who is enrolled in a school\ndistrict and fulfilling the requirements of section thirty-two hundred\nseven-a of the education law shall be eligible to be appointed as, and\nto perform the duties of, an election inspector or poll clerk as\nprovided in this chapter.\n 9. Notwithstanding any inconsistent provisions of this article,\nelection inspectors or poll clerks, if any, at polling places for early\nvoting, shall consist of either board of elections employees who shall\nbe appointed by the commissioners of such board or duly qualified\nindividuals, appointed in the manner set forth in this section.\nAppointments to the offices of election inspector or poll clerk in each\npolling place for early voting shall be equally divided between the\nmajor political parties. The board of elections shall assign staff and\nprovide resources to ensure a voter's wait time to vote at an early\nvoting site shall not exceed thirty minutes.\n