Bill Text: NY A02637 | 2025-2026 | General Assembly | Introduced

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Bill Title: Establishes a code of ethics for all board of election employees so that no employee of a board of election should have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature, which is in substantial conflict with the proper discharge of their duties in the public interest.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2025-01-21 - referred to election law [A02637 Detail]

Download: New_York-2025-A02637-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2637

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 21, 2025
                                       ___________

        Introduced  by  M.  of A. KELLES, CLARK -- read once and referred to the
          Committee on Election Law

        AN ACT to amend the election law, in relation to establishing a code  of
          ethics for all board of elections employees

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

     1    Section 1. The election law is amended by adding a new  section  3-201
     2  to read as follows:
     3    § 3-201. Boards of elections; employee code of ethics. 1.  Definition.
     4  As  used  in  this  section the term "board of elections employee" shall
     5  mean any permanent full-time employee of a board of elections.
     6    2. Rule with respect to conflicts of interest. No board  of  elections
     7  employee  should  have  any  interest, financial or otherwise, direct or
     8  indirect, or engage in  any  business  or  transaction  or  professional
     9  activity  or incur any obligation of any nature, which is in substantial
    10  conflict with the proper discharge of their duties in the public  inter-
    11  est.
    12    3.  Standards.  (a) No board of elections employee should accept other
    13  employment which will impair their independence of judgment in the exer-
    14  cise of their official duties, including but not limited  to,  receiving
    15  compensation  or  other  forms  of  payment from a campaign or political
    16  campaign account for non-governmental political work.
    17    (b) No board of elections employee should use or attempt to use  their
    18  official  position  to  secure  unwarranted privileges or exemptions for
    19  themselves or others, including but not limited to, the misappropriation
    20  to themselves or to others, of the property, services or other resources
    21  of the state for private business or other compensated  non-governmental
    22  purposes.
    23    (c)  A  board of elections employee should not, by their conduct, give
    24  reasonable basis for the  impression  that  any  person  can  improperly
    25  influence  such  employee or unduly enjoy their favor in the performance

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01695-01-5
        A. 2637                             2

     1  of their official duties, or that they  are  affected  by  the  kinship,
     2  rank, position or influence of any party or person.
     3    (d)  A board of elections employee should abstain from making personal
     4  investments in enterprises which they have  reason  to  believe  may  be
     5  directly  involved in decisions to be made by the employee or which will
     6  otherwise create substantial conflict between their duty in  the  public
     7  interest and their private interest.
     8    (e)  A  board of elections employee should endeavor to pursue a course
     9  of conduct which will not raise suspicion among the public that they are
    10  likely to be engaged in acts that are in violation of their trust.
    11    4. Violations. In addition to  any  penalty  contained  in  any  other
    12  provision  of  law, any such board of elections employee who shall know-
    13  ingly and intentionally violate any of the provisions  of  this  section
    14  may  be  fined,  suspended  or  removed from office or employment in the
    15  manner provided by law.
    16    (a) Any such employee who knowingly  and  intentionally  violates  the
    17  provisions  of  paragraph  (b),  (c) or (d) of subdivision three of this
    18  section shall be subject to a civil penalty in an amount not  to  exceed
    19  ten thousand dollars plus the value of any gift, compensation or benefit
    20  received as a result of such violation.
    21    (b)  Any  such  employee  who knowingly and intentionally violates the
    22  provisions of paragraph (a) or (e) of subdivision three of this  section
    23  shall be subject to a civil penalty in an amount not to exceed the value
    24  of  any  gift,  compensation  or  benefit  received  as a result of such
    25  violation.
    26    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    27  have become a law.