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State of Elections

A student-run blog from the Election Law Society

New York Governor Signs Bill Allowing New York Licensed Attorneys to Serve as Poll Watchers Anywhere in the State

November 6, 2024

By: Eli Avila

Last month, on the anniversary of the signing of the Voting Rights Act of 1965, Governor Kathy Hochul signed S.6130A/A.530A to strengthen voting protections across the state.

Under S.6130A/A.530A, also known as the “Election Integrity and Oversight Act,” the state’s election law is amended to allow attorneys licensed to practice law in the state to serve as poll watchers at any polling place. Attorneys can do so regardless of the county or city in which they are a qualified voter. Prior to this change, all poll watchers were required to be qualified voters in the same city or county where they served. The changes are codified under Subsection 5 of N.Y. Elec. Law § 8-500.

The justification of the bill reads as follows. “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 ability to be in a polling place on Election Day, where their skills can be invaluable in both detecting improper conduct, such as voter intimidation 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.”

Legislators have introduced various versions of the bill for every legislative session since the 2009-2010 session. Senator Kevin S. Parker, D-Brooklyn, and Assemblyman David I. Weprin, D-Queens, were the chief sponsors of the bill. Assemblyman Weprin is an attorney himself.

Voter integrity was a critical debate surrounding the 2020 election after former President Trump’s ongoing claims about voter fraud causing his defeat. There continues to be concerns from Republicans on this issue through massive recruitment of poll workers and attorneys for the 2024 election. And Republicans may have higher hopes for this year’s presidential election after New York’s unusual election results in 2022. During that election, New York saw Republicans flipping four seats in the House of Representatives. Moreover, the gubernatorial race was closer than in prior years, with Republicans receiving 47% of the vote, while Democrats receiving 53%.

Broadening accessibility of attorney poll watchers throughout the state should not only strengthen voting protections, but also voter confidence in the electoral process.  Attorneys are held to the highest standards of ethical and fiduciary responsibility in society.  According to the Model Rules of Professional Conduct (MRPC), a lawyer is “public citizen having special responsibility for the quality of justice.” The MRPC upholds lawyers to “seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession.” Greater access to poll watching furthers this goal. Additionally, attorneys, particularly election law attorneys, are experts on the electoral process and election litigation.  Their expertise and skills are critical to identifying and deterring voter suppression and intimidation. Furthermore, the amended law now allows attorney poll watchers to be better allocated to areas where there is a greater population of voters or higher voter turnout. This ensures the electoral process is watched at key voting precincts where voter integrity debates are centered around.

State

New York

Topics

Certification and Reporting Results Election Officials