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New York · Through 2026-09-11

N.Y. Election Law § 3-400: Election inspectors and poll clerks; provision for

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Where this section sits in the code
  1. Election Law
  2. Article 3. Election Officials
  3. Title 4. Election Inspectors and Poll Clerks

§ 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 or poll

clerks to work split shifts with adjusted compensation, provided,

however, that at least one election inspector and one poll clerk 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 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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