Bill Text: NY A01243 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 1243

Introduced

Bill Title: Provides for the appointment and removal for cause of commissioners of election; provides for removal for cause by the board of elections and/or the governor; repeals provisions relating to the removal of election commissioners.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced) 2024-01-03 - referred to election law [A01243 Detail]

Download: New_York-2023-A01243-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          1243

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by  M. of A. GALLAGHER, GONZALEZ-ROJAS, GALLAHAN, SEAWRIGHT,
          FORREST, EPSTEIN --  read  once  and  referred  to  the  Committee  on
          Election Law

        AN  ACT  to  amend  the  election  law, in relation to providing for the
          appointment and removal of commissioners of election;  and  to  repeal
          certain provisions of the election law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The section heading of section 3-200 of the  election  law,
     2  as  amended  by  chapter  373 of the laws of 1978, is amended to read as
     3  follows:
     4    Boards  of  elections;  creation,  qualifications  of  commissioners[,
     5  removal].
     6    § 2. Subdivision 7 of section 3-200 of the election law is REPEALED.
     7    § 3. Section 3-202 of the election law is amended to read as follows:
     8    § 3-202. Election commissioners; term of office. 1. The term of office
     9  of an election commissioner shall be [two] four years beginning [January
    10  first]  February fifteenth of [each odd numbered year except that in the
    11  city of New York and the county of Schenectady the term  shall  be  four
    12  years  beginning on January] the first alternate odd numbered year. [The
    13  county legislative body of any  other  county  may  determine  that  the
    14  commissioners  of  elections thereafter appointed shall serve for a term
    15  of four years. Such determination  may  be  rescinded  by  a  subsequent
    16  action  of  the  county  legislative body which shall take effect at the
    17  expiration of the terms of the commissioners then in office.]
    18    2. The local legislative body may, at any  time,  determine  that  the
    19  terms of office for commissioners shall be staggered and may make subse-
    20  quent appointments so as to provide for staggered terms of office there-
    21  after.
    22    § 4. Subdivision 4 of section 3-204 of the election law, as amended by
    23  chapter 116 of the laws of 2010, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00196-01-3

        A. 1243                             2

     1    4. Commissioners of election shall be appointed by the county legisla-
     2  tive  body,  or in the city of New York, by the city council.  Provided,
     3  however, that if a legislative body shall fail  to  appoint  any  person
     4  recommended  by  a  party  for appointment as a commissioner pursuant to
     5  this  section,  within  thirty days after the filing of a certificate of
     6  recommendation with such legislative body,  then  the  members  of  such
     7  legislative body who are members of the political party which filed such
     8  certificate  may appoint such person. And further provided, if there are
     9  no members of the legislative body who  are  members  of  the  political
    10  party  which  filed such certificate, the [appointment shall take effect
    11  upon the expiration of thirty days from the date  that  the  certificate
    12  was  filed] county committee or such other committee as the rules of the
    13  party may provide shall recommend not fewer than two additional  persons
    14  for  the  county legislative body to choose from. If none of the persons
    15  named in any of the certificates filed by a party are so appointed with-
    16  in sixty days after the filing of any such certificate, then such  party
    17  may  file another certificate within thirty days after the expiration of
    18  any such sixty day period  recommending  a  different  person  for  such
    19  appointment.  If  a  party  fails  to file a certificate within the time
    20  prescribed by this section, the members of the legislative body who  are
    21  members of such party may appoint any eligible person to such office.
    22    § 5. The election law is amended by adding a new section 3-206 to read
    23  as follows:
    24    §  3-206.  Election  commissioners;  removal.  1.  The  state board of
    25  elections shall have the power to remove the  election  commissioner  of
    26  any county for any willful violation or neglect of duty under this chap-
    27  ter,  or willfully disobeying any law, decision, order, settlement, rule
    28  or regulation of the state board of elections.
    29    2. An election commissioner may be removed from office by the governor
    30  for cause in the same manner as a sheriff.
    31    3. Any vacancy so resulting shall be filled in a manner prescribed  by
    32  this article for filling vacancies.
    33    § 6. This act shall take effect immediately.