Memorandum in Support of Legislative Package

to Improve Election Administration in New York State1

May 16, 2023
The Brennan Center for Justice writes in strong support of the pending legislative package to
improve election administration in New York State. 2 Its component bills – informed by an
extensive legislative investigation and research on national best practices 3 – will strengthen
professionalism and accountability at New York’s state and local boards of elections (BOEs) and
help realize the promise of the significant pro-voter reforms this Legislature has delivered in
recent years. We applaud the Senate for passing this package earlier this year 4 and urge the
Assembly to ensure its passage this session.

The Brennan Center is a nonpartisan law and policy institute that researches and advocates for
policies to defend and strengthen our democracy. In 2021, we published two reports
recommending improvements to election administration in New York State and New York City
based on the practices of better-performing jurisdictions across the country. 5 The bills before
the Legislature reflect many of the reforms that our research shows will improve election
administration and voter service in our state. That is why this package is a priority that we and

1
This package includes S136/A2565, S585, S587/A268, S609/A6973, S611/A919, S613, S617, S619/A662,
S644/A1258, and S645. We note that the Senate also passed S612 (which has since been amended) and
S614. We support reducing conflicts of interest that impede voter service, but do not address these bills in
this memorandum, which is limited to reforms that we have advocated for in our research reports on
election administration reform.
2
This memorandum addresses 10 bills concerning election administration at New York’s state and local
boards of elections that passed the Senate on January 10, 2023, and January 17, 2023.
3
New York State Senate Elections Committee, Report and Findings of the New York State Senate Elections
Committee, November 15, 2021, https://www.nysenate.gov/sites/default/files/press-
release/attachment/elex1115_vfinal.pdf.
4
New York State Senate, “Board of Election Professionalization Package Passes Senate,” press release,
January 17, 2023, https://www.nysenate.gov/newsroom/press-releases/board-election-
professionalization-package-passes-senate.
5
Joanna Zdanys et al., How to Fix the New York City Board of Elections, Brennan Center for Justice,
September 9, 2021, https://www.brennancenter.org/our-work/policy-solutions/how-fix-new-york-city-
board-elections; and Derek Tisler et al., How to Fix Election Administration in New York State, Brennan
Center for Justice, December 15, 2021, https://www.brennancenter.org/our-work/policy-solutions/how-
fix-election-administration-new-york-state.
more than one hundred voting, racial justice, labor, and good government groups urged you to
deliver this year.6
Sound election administration is crucial to the health of our state’s democracy. The 2022
midterms showed that election denialism persists across the country, materializing in threats to
election workers and intimidation of voters. By improving BOEs’ professionalism and readiness
to serve all voters, this package will strengthen public faith in this important aspect of the
democratic process. Below, we explain the package’s core features.
***
Modernize commissioner appointments: The current lack of transparent, merit-based selection
standards at New York’s BOEs limits consideration of the most qualified possible pool of
candidates and harms public trust. 7 S645 would change this status quo by requiring the State
Board of Elections (SBOE) to prescribe qualifications for all local commissioners, including
demonstrated election administration experience or other relevant management experience.
These standards will help assure the public that commissioners have the skills to run elections.
Strengthen training requirements: Inadequate training for BOE commissioners and staff
undermines voter service. 8 Two bills in this package would make a meaningful difference in
preparing BOEs and poll workers to serve voters.
• In the 2021 legislative hearings on election reform and voting rights, poll workers
repeatedly called for more comprehensive training. 9 S587/A268 would strengthen the
minimal existing requirements for poll worker training by providing a baseline of
subjects that training must cover, from emergency voting processes to language access.
The bill also sensibly requires the State Board of Elections (SBOE) to establish a training
institute that equips local BOE staff to better train poll workers in their county.
• Mandatory training for commissioners is standard practice in other states that use
bipartisan election boards, but not in New York. 10 S617 would require local
commissioners to complete a uniform training curriculum within six months of their
appointment.

6
Brennan Center for Justice, “Coalition Letter Urges New York State Leaders to Protect and Strengthen
Democracy in 2023,” last updated January 12, 2023, https://www.brennancenter.org/our-work/research-
reports/coalition-letter-urges-new-york-state-leaders-protect-and-strengthen.
7
Zdanys et al., How to Fix the New York City Board of Elections, 9–10; and Tisler et al., How to Fix Election
Administration in New York State, 12.
8
Zdanys et al., How to Fix the New York City Board of Elections, 12–13; and Tisler et al., How to Fix Election
Administration in New York State, 8–9.
9
New York State Senate, Report and Findings of the New York State Senate Elections Committee, 21–23.
10
Tisler et al., How to Fix Election Administration in New York State, 11.
Page 2 of 4
Improve accountability: Even when election administration failures cost New Yorkers
opportunities to vote, local BOE commissioners rarely face consequences. 11 The governor has
the sole authority to remove local commissioners, but no governor has ever exercised that
power, even after egregious failures by local BOEs have disenfranchised large numbers of
voters. 12 S585 would provide additional protection for voters’ interests by also empowering the
SBOE to remove local commissioners for just cause, with due process protections.
Increase staffing resources and compensation: Our research underscores that election officials
nationwide need more resources. 13 New York is no exception. Local BOE commissioners
consistently cite inadequate funding and staffing as impediments to serving voters. 14 This
includes the challenge of recruiting and retaining poll workers, a role at the front lines of our
democracy that demands long and often grueling workdays. Several bills in this package respond
to the critical resource challenges that BOEs face.
• Two bills would help incentivize more New Yorkers to serve as poll workers by
improving compensation. S136/A2565 would raise the minimum pay for election day
workers in New York City and increase their compensation for attending trainings. By
enacting these changes, New York would follow New Jersey and many local jurisdictions
across the country that have increased pay to attract more poll worker support. 15 S613

11
Zdanys et al., How to Fix the New York City Board of Elections, 14; and Tisler et al., How to Fix Election
Administration in New York State, 17.
12
Zdanys et al., How to Fix the New York City Board of Elections, 14; and Tisler et al., How to Fix Election
Administration in New York State, 17. See, e.g., David Colon, “NYC Board of Elections Admits Wrongdoing
in 2016 Election Purge, Agrees to Consent Decree,” Gothamist, October 25, 2017,
https://gothamist.com/news/nyc-board-of-elections-admits-wrongdoing-in-2016-election-purge-agrees-
to-consent-decree.
13
See, e.g., Derek Tisler and Lawrence Norden, Securing the 2024 Election, Brennan Center for Justice,
April 27, 2023, 23–24, https://www.brennancenter.org/our-work/policy-solutions/securing-2024-
election; and Ruby Edlin and Lawrence Norden, “Poll of Election Officials Shows High Turnover Amid
Safety Threats and Political Interference,” Brennan Center for Justice, April 25, 2023,
https://www.brennancenter.org/our-work/analysis-opinion/poll-election-officials-shows-high-turnover-
amid-safety-threats-and.
14
Tisler et al., How to Fix Election Administration in New York State, 15.
15
See, e.g., New Jersey, “Governor Murphy Signs Legislation to Increase Pay for New Jersey’s Election
Workers,” March 25, 2022, https://www.nj.gov/governor/news/news/562022/20220325e.shtml; Kay
Stephens, “Blair Election Workers Get Pay Raise,” Altoona Mirror, April 26, 2022,
https://www.altoonamirror.com/news/localnews/2022/04/blair-election-workers-get-pay-raise/; Claire
Shoop, “Williamson County Approves $2 Pay Increase for March 1 Primary Early Voting Election Workers,”
Community Impact, February 1, 2022,
https://communityimpact.com/austin/northwestaustin/election/2022/02/01/williamson-county-
approves-2-pay-increase-for-march-1-primary-early-votingelection-workers/; Al Lawrence, “Richland
County Commissioners OK Pay Raise for Poll Workers,” Mansfield News Journal, August 18, 2021,
https://www.mansfieldnewsjournal.com/story/news/2021/08/18/richland-countycommissioners-vote-
increase-pay-poll-workers/8176733002/.
Page 3 of 4
 would subtract any income earned from serving as a poll worker from an individual’s
federal adjusted gross income, which similarly works to encourage more people to serve
in this vital role.
• Long workdays make it difficult for BOEs to attract enough poll workers, especially
among working New Yorkers. S609/A6973 would allow local BOEs to employ poll clerks
to work split shifts with adjusted compensation, which current law already permits for
election inspectors. 16 This change would help broaden the pool of poll workers and
address persistent staffing shortages. 17
• Election administration is a year-round job that requires full-time dedication and
expertise across an increasingly wide range of issues and topics. 18 S611/A919 would
make local commissioners full-time employees, which will encourage a broader, more
diverse group of New Yorkers to serve in these roles. S644/A1258 would require every
local BOE to employ at least four full-time employees in addition to the appointed
commissioners (or more, in counties serving larger numbers of active registered voters).
Such guaranteed staffing will help local boards keep up with the increased complexities
of election administration.
Along with the above improvements, we urge the Legislature to ensure long-term, sustainable
funding for local BOEs. You took an important step forward by including funding to upgrade
voting equipment and technology in the FY 2024 budget, but more will be needed on a
consistent basis to ensure that New York’s BOEs have the resources they need to serve voters.

Restructure and professionalize the New York City Board of Elections: The New York City BOE’s
unwieldy structure and track record of persistent election administration failures contribute to
its notorious reputation for dysfunction. S619/A662 would bring national best practices in
election administration to the agency. Key components of the bill include reducing the overly
diffuse board from ten commissioners to two and clarifying the powers and responsibilities of
commissioners and executive staff. The bill would also broaden the qualified pools for talent by
requiring a nationwide search for the executive director and by reducing unnecessary, party-
based duplication of staff roles. Together, these reforms provide a strong first step in improving
the NYC BOE’s ability to serve voters.
***
We thank this Legislature for its continued commitment to strengthening our state’s democracy.
With the 2024 elections just around the corner, we urge you to build on this progress by
immediately enacting this package so New York can more equitably serve all its voters.

16
N.Y. Elec. Law § 3-400(7).
17
Zdanys et al., How to Fix the New York City Board of Elections, 14.

Page 4 of 4