Bill Text: NY A08361 | 2021-2022 | General Assembly | Introduced

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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.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2022-01-05 - referred to election law [A08361 Detail]

Download: New_York-2021-A08361-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8361

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    October 20, 2021
                                       ___________

        Introduced  by  M.  of  A.  GALLAGHER  --  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 Subdivision 7 of section 3-200 of the election law is REPEALED.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  Such  determination  may  be rescinded by a subsequent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.
                                                                   LBD02325-04-1
        A. 8361                             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.