N.Y.
Election Law Section 3-400
Election inspectors and poll clerks
- provision for
1.
There shall be for each election district of the state four election inspectors.2.
At every general election in each election district where two voting machines are used, there shall be two clerks in addition to the four inspectors of election, except that in an election district located in a town, where one voting machine is used, the town board may direct the board of elections to appoint not more than two clerks in such district if in the discretion of such board the service of such clerk or clerks is reasonably necessary for the proper conduct of the election. In each election district where paper ballots, in addition to one voting machine, are used at a general election, there shall be two clerks in addition to the four inspectors of election. In each election district where paper ballots, in addition to more than one voting machine are used at a general election there shall be four clerks in addition to the four inspectors. The duties of such clerks shall be such as shall be prescribed by the board of elections and they shall serve at the general election only. When deemed necessary in any election or primary, the board of election may require additional poll clerks to be designated in any election district.3.
Appointments to the offices of election inspector or poll clerk in each election district, shall be equally divided between the major political parties.4.
Before entering on their duties, the election inspectors of each election district outside the city of New York shall appoint one of their number chairman, to serve as such during his term of office. If a majority shall not agree upon such an appointment, they shall draw lots for that position.5.
In the city of New York in each odd numbered election district a chairman shall be designated who shall be an inspector named by the political party which polled the highest number of votes for governor at the last preceding election for such officer and in each even numbered election district a chairman shall be designated who shall be an inspector named by the political party which polled the second highest number of votes for governor at the last preceding election for such officer.6.
No person shall be certified or act as an election inspector or poll clerk who is not a registered voter (unless such person is duly qualified under subdivision eight of this section) and a resident of the county in which he or she serves, or within the city of New York, of such city, who holds any elective public office, or who is a candidate for any public office to be voted for by the voters of the district in which he or she is to serve, or the spouse, parent, or child of such a candidate, or who is not able to speak and read the English language and write it legibly.7.
The board of elections may employ election inspectors to work split shifts with adjusted compensation, provided, however, that at least one inspector from each of the two major political parties is present at the poll site for the entire time that the polls are open. Each county board of elections shall prescribe the necessary rules and procedures to ensure proper poll site operation.8.
A person seventeen years of age who is enrolled in a school district and fulfilling the requirements of Education Law § 3207-A (Service of persons seventeen years of age as election inspectors or poll clerks)section thirty-two hundred seven-a of the education law shall be eligible to be appointed as, and to perform the duties of, an election inspector or poll clerk as provided in this chapter.9.
Notwithstanding any inconsistent provisions of this article, election inspectors or poll clerks, if any, at polling places for early voting, shall consist of either board of elections employees who shall be appointed by the commissioners of such board or duly qualified individuals, appointed in the manner set forth in this section. Appointments to the offices of election inspector or poll clerk in each polling place for early voting shall be equally divided between the major political parties. The board of elections shall assign staff and provide resources to ensure a voter’s wait time to vote at an early voting site shall not exceed thirty minutes.
Source:
Section 3-400 — Election inspectors and poll clerks; provision for, https://www.nysenate.gov/legislation/laws/ELN/3-400 (updated Jan. 25, 2019; accessed Apr. 27, 2024).
