Bill Text: NY A10307 | 2021-2022 | General Assembly | Introduced

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Bill Title: Creates the elected position of the secretary of elections to replace the commissioners on the state board of elections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-13 - referred to election law [A10307 Detail]

Download: New_York-2021-A10307-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10307

                   IN ASSEMBLY

                                      May 13, 2022
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Carroll) --
          read once and referred to the Committee on Election Law

        AN ACT to amend the election law, in relation to  creating  the  elected
          position of the secretary of elections

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

     1    Section 1. Section 3-100 of the election law, subdivisions 1 and 2  as
     2  amended  by chapter 220 of the laws of 2005, subdivision 3 as amended by
     3  section 2 of subpart B of part H of chapter 55  of  the  laws  of  2014,
     4  subdivision  3-a as added by section 2-a of subpart B of part H of chap-
     5  ter 55 of the laws of 2014, and subdivisions 4 and 5 as redesignated  by
     6  chapter 9 of the laws of 1978, is amended to read as follows:
     7    §  3-100. New York state board of elections; membership; organization.
     8  1.  There is hereby created [within the executive department] a New York
     9  state board of elections, hereafter referred to as the "state  board  of
    10  elections",  [composed  of four commissioners appointed by the governor:
    11  two commissioners, one each from among not fewer than two persons recom-
    12  mended by the chairman of the state committee of each of the major poli-
    13  tical parties; and two other commissioners, one upon the joint recommen-
    14  dation of the legislative leaders, of one major political party, in each
    15  house of the legislature and one upon the joint  recommendation  of  the
    16  legislative  leaders,  of the other major political party, in each house
    17  of the legislature] which shall be directed by a secretary of elections.
    18  The [commissioners] secretary of elections shall be [appointed]  elected
    19  for  [terms]  a term of [two] four years [each and in the same manner as
    20  their respective predecessors. A commissioner appointed to the board  to
    21  fill  a  vacancy  caused other than by expiration of a term, shall serve
    22  for the balance of the unexpired term. In the  event  that  there  is  a
    23  vacancy  in  the office of the commissioner appointed on the recommenda-
    24  tion of such legislative leaders caused by expiration of term or  other-
    25  wise,  such  legislative leaders responsible for making the joint recom-
    26  mendation to fill such vacancy shall jointly recommend an individual  to
    27  fill  such vacancy and the governor shall make the appointment from such
    28  joint recommendation within thirty days of receiving such  joint  recom-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15351-01-2
        A. 10307                            2

     1  mendation.  In  the event the governor does not act on such joint recom-
     2  mendation within thirty days or objects to  such  joint  recommendation,
     3  then the legislative leaders making such joint recommendation shall have
     4  the option of: (a) appointing the individual so jointly recommended as a
     5  commissioner,   or  (b)  jointly  recommending  another  individual  for
     6  appointment by the governor according to the procedure outlined in  this
     7  subdivision]  with elections occurring at the general election occurring
     8  two years after the general election choosing a governor.   A  candidate
     9  for  secretary  of elections shall be registered to vote in the state of
    10  New York and shall not be registered with any political party as of  the
    11  filing  deadline  for  the  election.  There shall be no primary for the
    12  position of secretary of elections. Candidates shall petition to  appear
    13  on the ballot pursuant to independent nomination rules in sections 6-138
    14  and 6-140 of this chapter.
    15    2.  [The two commissioners of the board appointed upon the recommenda-
    16  tion of the legislative leaders shall be co-chairs of the state board of
    17  elections.
    18    3.] The [commissioners of the  state  board]  secretary  of  elections
    19  shall  have  no  other  public employment. The [commissioners] secretary
    20  shall receive an annual  salary  of  one  hundred  twenty-five  thousand
    21  dollars,  within  the  amounts made available therefor by appropriation.
    22  The board shall not, for the  purposes  of  sections  seventy-three  and
    23  seventy-four  of the public officers law, be a "state agency"[, and such
    24  commissioners shall be "officers" of the state board  of  elections  for
    25  the  purposes  of  such  sections]. Within the amounts made available by
    26  appropriation therefor, the [state board] secretary of  elections  shall
    27  appoint  one or two co-executive directors, and such other staff members
    28  as are necessary in the exercise of its functions,  and  may  fix  their
    29  compensation.  [The  commissioners  or,  in the case of a vacancy on the
    30  board, the commissioner of each of the  major  political  parties  shall
    31  appoint one co-executive director.] The secretary may appoint one or two
    32  co-executive  directors  who  are  not affiliated with any party, or the
    33  secretary may appoint one or two co-executive directors affiliated  with
    34  a  party,  so  long  as  such appointments are consistent with the state
    35  constitution. Appointment to the position of deputy  executive  director
    36  shall  be  made  solely on the basis of qualifications and experience in
    37  elections management, including a  firm  understanding  of  current  and
    38  emerging  election technologies and their risks and experience with risk
    39  mitigation practices and to election process, procedures, and  chain-of-
    40  custody,  including  but  not  limited to auditing, and such appointment
    41  shall be subject to advice and consent of the state senate. Each co-exe-
    42  cutive director shall serve a term of four years.  Any  vacancy  in  the
    43  office  of  co-executive  director shall be filled by the [commissioners
    44  or, in the case of a vacancy on the board, the commissioner of the  same
    45  major  political party as the vacating incumbent] secretary of elections
    46  for the remaining period of the term of such vacating incumbent.
    47    [3-a.] 3. There is established within the state board of elections the
    48  office of chief enforcement counsel to head the division of election law
    49  enforcement. Such counsel shall serve in said office for a fixed term of
    50  five years commencing September first, two thousand  fourteen,  and  may
    51  only  be  removed by the governor for substantial neglect of duty, gross
    52  misconduct in office, or the inability to discharge the powers or duties
    53  of office, upon notice with  an  opportunity  to  be  heard.  The  chief
    54  enforcement  counsel  shall have sole authority over personnel decisions
    55  within the enforcement division. All hiring decisions made by the  chief
    56  enforcement  counsel  shall  be  made without regard to political affil-
        A. 10307                            3

     1  iation. The chief enforcement counsel shall not hold  any  other  public
     2  office,  be  a party officer during his or her term of office, or other-
     3  wise engage in outside employment. He or she  shall  be  chosen  by  the
     4  governor  which  choice shall be confirmed by each house of the legisla-
     5  ture separately by a majority vote of the members elected to each  house
     6  of the legislature.
     7    4. [For the purposes of meetings, three commissioners shall constitute
     8  a  quorum. The affirmative vote of three commissioners shall be required
     9  for any official action of the state board of elections.
    10    5.] The principal office of the state board of elections shall  be  in
    11  the county of Albany.
    12    §  2.  Subdivision 6 of section 3-102 of the election law, as redesig-
    13  nated by chapter 9 of the laws of 1978, is amended and five new subdivi-
    14  sions 16-c, 16-d, 16-e, 16-f and 16-g are added to read as follows:
    15    6. confer immunity in accordance with the provisions of section  50.20
    16  of  the  criminal  procedure  law,  in any investigation relating to any
    17  crime or offense with respect to which, by express provisions  of  stat-
    18  ute,  a  competent authority is authorized to confer immunity; provided,
    19  however, that such immunity shall be conferred only after  the  attorney
    20  general  and  appropriate district attorney are afforded the opportunity
    21  to be heard respecting any objections  which  either  may  have  to  the
    22  conferring  thereof;  and provided, further, that if either the attorney
    23  general or any such appropriate district attorney shall  object  to  the
    24  conferring  of  immunity,  immunity  may be conferred only [by unanimous
    25  vote of all four commissioners of the state board] with approval of  the
    26  secretary of elections;
    27    16-c.  issue  regulations  stating  minimum  qualifications  for local
    28  commissioners of elections, requiring that appointments of local commis-
    29  sioners be made on the basis of merit, and enforcing such regulations in
    30  court where necessary;
    31    16-d. create mandatory training programs for local  elections  commis-
    32  sioners,  and for other state and local elections staff where the secre-
    33  tary shall deem necessary;
    34    16-e. facilitate shared staffing among the state board  of  elections,
    35  local  boards  of elections, and local municipal and county governments,
    36  including creating  regional  elections  supervisors  within  the  state
    37  board;
    38    16-f. provide guidance and assistance with recruitment and training of
    39  poll workers;
    40    16-g.  provide  grants  to  allow local boards of elections to improve
    41  their elections administration;
    42    § 3. Subdivision 6 of section 3-105 of the election law, as  added  by
    43  chapter 23 of the laws of 2005, is amended to read as follows:
    44    6. Hearings shall be conducted by [a panel of two commissioners of the
    45  state board of elections of opposite parties] the secretary of elections
    46  or  senior staff members of [opposite parties as selected by the commis-
    47  sioners of that party] the board of elections, as selected by the secre-
    48  tary of elections, pursuant to any restrictions in the constitution.  If
    49  the secretary or panel does not agree  to  sustain  the  complaint,  the
    50  formal  complaint  shall  be  deemed  dismissed and shall constitute the
    51  determination of the secretary or panel.
    52    § 4. Subdivision 7 of section 3-200 of the election law is amended  to
    53  read as follows:
    54    7. An election commissioner may be removed from office by the governor
    55  for  cause  in  the  same  manner  as  a sheriff, or by the secretary of
    56  elections for incompetence, misconduct, or other  good  cause,  provided
        A. 10307                            4

     1  that    prior  to   removal, such election commissioner shall be given a
     2  written copy of the charges against him or her and have  an  opportunity
     3  to be heard in his or her defense, and provided that the decision by the
     4  secretary of election to remove a commissioner may be overruled by order
     5  of  the  governor.  Any vacancy so resulting shall be filled in a manner
     6  prescribed by this article for filling vacancies.
     7    § 5. Subdivision 6 of section 14-130 of the election law, as added  by
     8  section  9  of  part CC of chapter 56 of the laws of 2015, is amended to
     9  read as follows:
    10    6. The state board of elections shall  issue  advisory  opinions  upon
    11  request  regarding  expenditures  that  may  or  may  not  be considered
    12  personal use of contributions. Any formal or informal advisory  opinions
    13  issued  by [a majority vote of the commissioners of the state board] the
    14  secretary of elections shall be binding on the board, the chief enforce-
    15  ment counsel established by subdivision [three-a] three of section 3-100
    16  of this chapter, and in any  subsequent  civil  or  criminal  action  or
    17  proceeding or administrative proceeding.
    18    §  6. Subdivision 1 of section 14-207 of the election law, as added by
    19  section 4 of part ZZZ of chapter 58 of the laws of 2020, is  amended  to
    20  read as follows:
    21    1.  There  shall  be  a public campaign finance board within the state
    22  board of elections that shall be comprised of the following  commission-
    23  ers:  the  [four  state  board  of elections commissioners] secretary of
    24  elections and three additional commissioners, one jointly  appointed  by
    25  the  legislative  leaders  of one major political party in each house of
    26  the legislature, one jointly appointed by the legislative leaders of the
    27  other major political party in each house of the legislature, and one of
    28  whom shall be appointed by the governor. Each commissioner must be a New
    29  York state resident and registered voter, and may not currently  be,  or
    30  within  the  previous  five  years  have been, an officer of a political
    31  party or political committee as defined in the election law, or a regis-
    32  tered lobbyist. The chair of the PCFB shall be designated  by  the  PCFB
    33  from  among  the  three [additional] commissioners directly appointed by
    34  the legislature or the governor.  Each of the three [additional] commis-
    35  sioners directly appointed by the  legislature  or  the  governor  shall
    36  receive  a  per  diem  of  three hundred fifty dollars for work actually
    37  performed not to exceed twenty-five thousand dollars in any one calendar
    38  year. They shall be considered public officers for purposes of  sections
    39  seventy-three-a  and  seventy-four of the public officers law. The three
    40  commissioners so appointed  pursuant  to  this  recommendation  will  be
    41  appointed  for a term of five years to commence on July first, two thou-
    42  sand twenty and may be removed by his or her appointing authority solely
    43  for substantial neglect of duty, gross misconduct in  office,  inability
    44  to  discharge  the  power  or duties of office, after written notice and
    45  opportunity to be heard. During the period of  his  or  her  term  as  a
    46  commissioner  appointed hereunder, each such commissioner is barred from
    47  making, or soliciting from other persons, any  contributions  to  candi-
    48  dates  for  election  to  the  offices of governor, lieutenant governor,
    49  attorney general, comptroller, member of the assembly, or state senator.
    50  Any vacancy occurring on the PCFB shall be filled within thirty days  of
    51  its  occurrence  in the same manner as the member whose vacancy is being
    52  filled was appointed. A person appointed to  fill  a  vacancy  occurring
    53  other  than by expiration of a term of office shall be appointed for the
    54  unexpired term of the member he or she succeeds.  Four  members  of  the
    55  PCFB shall constitute a quorum, and the PCFB shall have the power to act
    56  by  majority vote of the total number of members of the commission with-
        A. 10307                            5

     1  out vacancy. All members of the PCFB shall be appointed  no  later  than
     2  the first day of July, two thousand twenty and the PCFB shall promulgate
     3  such  regulations as are needed no later than the first day of July, two
     4  thousand twenty-one.
     5    § 7. This act shall take effect on January 1, 2023; provided, however,
     6  that  if part ZZZ of chapter 58 of the laws of 2020 shall not have taken
     7  effect on or before such date then section six of this  act  shall  take
     8  effect  on  the  same date and in the same manner as such chapter of the
     9  laws of 2014, takes effect.