§ 3-412 — Election inspectors and poll clerks; training

New York § 3-412

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

Text

§ 3-412. Election inspectors and poll clerks; training. 1. Each board\nof elections shall, at least once every year, conduct a mandatory school\nfor the instruction of election inspectors, poll clerks and election\ncoordinators. Such instruction may be given in person or online at\nvarious times throughout the year, provided that online instruction\nshall be offered over a two week period that includes the date for\nin-person instruction. Such training shall be offered no less frequently\nthan on a quarterly basis. Certain online participants may be required\nto supplement online instruction with in-person instruction that\nincludes the use of voting machines or other matters requiring\nspecialized training. Written notice shall be given to participants\nstating the time and place at which such in-person instruction shall be\nheld, the option to obtain instruction online with direction on how to\naccess the online option, and identifying the participants that must\nattend in-person instruction in addition to online instruction.\n 1-a. The state board of elections shall establish a mandatory core\ncurriculum for poll worker training which includes the requirements in\nsubdivision two of this section, and the rights of voters at the polls\nand obligation of election workers to protect those rights while\nmaintaining the integrity of the franchise, including assisting voters\nwith disabilities or with limited or no proficiency in the English\nlanguage, handling, processing and entitlement to ballots, including\naffidavit and emergency ballots, proper identification requirements,\nprocedures to be followed with respect to voters whose names are not on\nthe list of registered voters or whose identities have not been\nverified, electioneering and other violations of the elective franchise\nas defined in this chapter, solicitation by individuals and groups at\nthe polling place and procedures to be followed after the polls close.\nEach board of elections shall augment the core curriculum with local\nprocedures not inconsistent with the core curriculum adopted by the\nstate board of elections and which includes procedures relating to\nproper operation of, and remedying problems with, the voting machine or\nsystem in use in that jurisdiction.\n 1-b. The state board of elections shall establish and host an\neducation and training institute which shall be responsible for the\ndevelopment and implementation of a statewide program wherein persons\ncan become certified poll worker trainers. This institute shall also\ncreate a train-the-trainer program, in order for county boards of\nelections to implement an effective training program at their respective\nlocal level of program delivery. The state board's trainers shall\ninclude in the trainer curriculum to be developed, attention to, inter\nalia, poll worker ability to serve a diverse electorate with complete\nconfidence and respect; professionalizing the delivery of all election\nday services; providing assistance to voters with disabilities and those\nwith limited English language proficiency, ensuring the dignity and\nprivacy of such individuals; and to individuals who are members of\nracial or ethnic minorities, complete familiarity and comfort with all\nvoting systems in use in poll sites, including ballot marking devices or\nother systems/services available to voters with disabilities; and poll\nworker ability to recognize and resolve a variety of issues which may\narise in poll sites. The state board's trainers and all certified poll\nworker instructors shall utilize industry-proven training techniques\naimed at adult learners including role-based training and hands-on\ntraining opportunities using official election day forms and poll site\nvoting systems and may further include a web-based component and\ncompanion video.\n 1-c. County boards shall enroll trainers in the program in such\nquantities to ensure that an adequate contingent of fully trained and\ncertified poll worker trainers are available to meet the training needs\nof such county. Each county board of elections shall enroll not less\nthan two persons designated by the county board on a bipartisan basis,\nin the state board of elections training institute. Certified trainers\nmust maintain their certification by attending once every two years, a\ncontinuing education program, to ensure the professionalism of the poll\nworker training agenda set by the state board of elections. Enrollees\nwho have successfully completed the state board's training program and\nbeen awarded a "certified poll worker instructor" certificate may serve\nat the county board as a trainer of poll workers as well as a trainer of\nother bi-partisan designees of the county board, however the conferring\nof the title "certified poll worker instructor" may be made only by the\nstate board of elections.\n 1-d. The state board of elections shall adopt such rules and\nregulations which may be necessary to create the training institute and\nassociated curricula provided for in subdivisions one-a, one-b and one-c\nof this section, including a process whereby attendees who successfully\ncomplete a state board-sponsored training program shall be awarded a\ncertificate conferring upon him or her, the title of "certified poll\nworker instructor".\n 2. Election inspectors, poll clerks and election coordinators shall be\ninstructed concerning, but not limited to, the following topics: the\nelection law and any relevant statutory updates, the taking of\nregistrations, the use of voting machines, disability etiquette,\naffidavit and emergency voting processes, use of electronic poll books,\nproviding assistance to voters with limited English language proficiency\nand their duties in connection therewith as soon as possible after their\ndesignation.\n 3. Election inspectors, poll clerks and election coordinators as\nrequired by this section shall, upon their original designation, and\nevery year thereafter, complete a course of instruction, and, before\ncertification, pass an examination thereon. Such examination shall be\ngiven both online and in person, provided that those participants whose\ninstructions include the use of voting machines or other matters\nrequiring specialized training may be required to pass an examination on\nsuch matters in person. The state board of elections shall supply each\nboard of elections with instructional material to be used in the\npreparation for such examinations and shall give each such board of\nelections uniform directions for the conduct of such examinations, which\nit shall be the duty of the board to follow. Every such board may\nutilize additional materials selected by it in the course of\ninstruction. No person taking such examination shall be permitted to\nknow the questions or answers in advance or be given access to the\nanswers during the examination. If such inspectors, poll clerks or\ncoordinators pass such examination, the board of elections shall certify\nthe designated election inspector, poll clerk or coordinator.\n 4. The county board of elections shall within two weeks notify those\nwho have passed the examination, that they are certified to serve.\n 5. Each board of elections shall reproduce a booklet of instructions\nfor participants prepared by the state board of elections. A copy of\nsuch booklet, or digital version, shall be given to each participant at\nthe time such participant attends the course of instruction. At least\none copy of such booklet shall be included with the supplies sent to\neach election district for each election and day of local registration.\n