N.Y. Election Law § 3-412: Election inspectors and poll clerks; training

§ 3-412. Election inspectors and poll clerks; training. 1. Each board

of elections shall, at least once every year, conduct a mandatory school

for the instruction of election inspectors, poll clerks and election

coordinators. Such instruction may be given in person or online at

various times throughout the year, provided that online instruction

shall be offered over a two week period that includes the date for

in-person instruction. Such training shall be offered no less frequently

than on a quarterly basis. Certain online participants may be required

to supplement online instruction with in-person instruction that

includes the use of voting machines or other matters requiring

specialized training. Written notice shall be given to participants

stating the time and place at which such in-person instruction shall be

held, the option to obtain instruction online with direction on how to

access the online option, and identifying the participants that must

attend in-person instruction in addition to online instruction.

1-a. The state board of elections shall establish a mandatory core

curriculum for poll worker training which includes the requirements in

subdivision two of this section, and the rights of voters at the polls

and obligation of election workers to protect those rights while

maintaining the integrity of the franchise, including assisting voters

with disabilities or with limited or no proficiency in the English

language, handling, processing and entitlement to ballots, including

affidavit and emergency ballots, proper identification requirements,

procedures to be followed with respect to voters whose names are not on

the list of registered voters or whose identities have not been

verified, electioneering and other violations of the elective franchise

as defined in this chapter, solicitation by individuals and groups at

the polling place and procedures to be followed after the polls close.

Each board of elections shall augment the core curriculum with local

procedures not inconsistent with the core curriculum adopted by the

state board of elections and which includes procedures relating to

proper operation of, and remedying problems with, the voting machine or

system in use in that jurisdiction.

1-b. The state board of elections shall establish and host an

education and training institute which shall be responsible for the

development and implementation of a statewide program wherein persons

can become certified poll worker trainers. This institute shall also

create a train-the-trainer program, in order for county boards of

elections to implement an effective training program at their respective

local level of program delivery. The state board's trainers shall

include in the trainer curriculum to be developed, attention to, inter

alia, poll worker ability to serve a diverse electorate with complete

confidence and respect; professionalizing the delivery of all election

day services; providing assistance to voters with disabilities and those

with limited English language proficiency, ensuring the dignity and

privacy of such individuals; and to individuals who are members of

racial or ethnic minorities, complete familiarity and comfort with all

voting systems in use in poll sites, including ballot marking devices or

other systems/services available to voters with disabilities; and poll

worker ability to recognize and resolve a variety of issues which may

arise in poll sites. The state board's trainers and all certified poll

worker instructors shall utilize industry-proven training techniques

aimed at adult learners including role-based training and hands-on

training opportunities using official election day forms and poll site

voting systems and may further include a web-based component and

companion video.

1-c. County boards shall enroll trainers in the program in such

quantities to ensure that an adequate contingent of fully trained and

certified poll worker trainers are available to meet the training needs

of such county. Each county board of elections shall enroll not less

than two persons designated by the county board on a bipartisan basis,

in the state board of elections training institute. Certified trainers

must maintain their certification by attending once every two years, a

continuing education program, to ensure the professionalism of the poll

worker training agenda set by the state board of elections. Enrollees

who have successfully completed the state board's training program and

been awarded a "certified poll worker instructor" certificate may serve

at the county board as a trainer of poll workers as well as a trainer of

other bi-partisan designees of the county board, however the conferring

of the title "certified poll worker instructor" may be made only by the

state board of elections.

1-d. The state board of elections shall adopt such rules and

regulations which may be necessary to create the training institute and

associated curricula provided for in subdivisions one-a, one-b and one-c

of this section, including a process whereby attendees who successfully

complete a state board-sponsored training program shall be awarded a

certificate conferring upon him or her, the title of "certified poll

worker instructor".

2. Election inspectors, poll clerks and election coordinators shall be

instructed concerning, but not limited to, the following topics: the

election law and any relevant statutory updates, the taking of

registrations, the use of voting machines, disability etiquette,

affidavit and emergency voting processes, use of electronic poll books,

providing assistance to voters with limited English language proficiency

and their duties in connection therewith as soon as possible after their

designation.

3. Election inspectors, poll clerks and election coordinators as

required by this section shall, upon their original designation, and

every year thereafter, complete a course of instruction, and, before

certification, pass an examination thereon. Such examination shall be

given both online and in person, provided that those participants whose

instructions include the use of voting machines or other matters

requiring specialized training may be required to pass an examination on

such matters in person. The state board of elections shall supply each

board of elections with instructional material to be used in the

preparation for such examinations and shall give each such board of

elections uniform directions for the conduct of such examinations, which

it shall be the duty of the board to follow. Every such board may

utilize additional materials selected by it in the course of

instruction. No person taking such examination shall be permitted to

know the questions or answers in advance or be given access to the

answers during the examination. If such inspectors, poll clerks or

coordinators pass such examination, the board of elections shall certify

the designated election inspector, poll clerk or coordinator.

4. The county board of elections shall within two weeks notify those

who have passed the examination, that they are certified to serve.

5. Each board of elections shall reproduce a booklet of instructions

for participants prepared by the state board of elections. A copy of

such booklet, or digital version, shall be given to each participant at

the time such participant attends the course of instruction. At least

one copy of such booklet shall be included with the supplies sent to

each election district for each election and day of local registration.