NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A530A
SPONSOR: Weprin TITLE OF BILL:
An act to amend the election law, in relation to watchers
SUMMARY OF PROVISIONS:
Section 1: Amends Election Law section 8-500(5) to allow attorneys who
are, state residents and licensed to practice law in the state to
require be watchers anywhere in the State.
Section 2: Provides for the Act to take effect immediately.
EXISTING LAW:
Under current law, a poll watcher must be registered to vote in the
county in which he is to serve.
JUSTIFICATION:
Attorneys licensed to practice law in New York are not restricted in
their practices to any locality or court. They may practice before any
court in the state, as well as before the boards of elections everywhere
in the state. They are-,also trained as observers and to accurately
report their observations. There should be no restriction on their abil-
ity to be in a polling place on Election Day, where their skills can be
invaluable in both detecting improper conduct, such as voter intim-
idation and suppression, and electioneering, and in obtaining a quick
resolution of such unlawful conduct by reporting it to the appropriate
authorities, including Election Day judges. For example, in 2006 lawyers
serving as' poll watchers enabled Senator Andrea Steward-Cousins to win
election by acting to stop disruptions and voter suppression and intim-
idation actions in the polls in Yonkers.
LEGISLATIVE HISTORY:
02/06/17 referred to election law
01/03/18 referred to election law
06/06/18 reported referred to rules
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
530--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. WEPRIN, OTIS, PAULIN -- read once and referred to
the Committee on Election Law -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to watchers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5 of section 8-500 of the election law, as
2 amended by chapter 418 of the laws of 2019, is amended to read as
3 follows:
4 5. Each watcher must be a qualified voter of the city or county in
5 which he or she is to serve; provided, however, a qualified voter who is
6 a New York state resident and is licensed to practice law therein may
7 serve as a watcher at any polling place. No person shall be appointed
8 or act as a watcher who is a candidate for any public office to be voted
9 for by the voters of the election district in the same election in which
10 the watcher is to serve. Nothing in this subdivision shall be construed
11 as prohibiting any such candidate from visiting a polling place in such
12 district on an election day while the polls are open.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01553-02-3
