Bill Text: NY S01434 | 2009-2010 | General Assembly | Amended

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Bill Title: Prohibits election commissioners and deputy commissioners from holding a publicly elected office or from being the respective chair of the county democratic or republican committees.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Engrossed - Dead) 2010-06-21 - referred to election law [S01434 Detail]

Download: New_York-2009-S01434-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1434--A
           Cal. No. 208
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2009
                                      ___________
       Introduced  by Sens. DILAN, DIAZ, HASSELL-THOMPSON, C. JOHNSON, KRUEGER,
         MONTGOMERY,  ONORATO,  OPPENHEIMER,  PARKER,  SAMPSON,   SCHNEIDERMAN,
         STAVISKY  --  read  twice  and ordered printed, and when printed to be
         committed to the Committee on Elections -- recommitted to the  Commit-
         tee  on Elections in accordance with Senate Rule 6, sec. 8 -- reported
         favorably from said committee, ordered to  first  and  second  report,
         ordered  to  a third reading, amended and ordered reprinted, retaining
         its place in the order of third reading
       AN ACT to amend the election law, in relation  to  prohibiting  election
         commissioners  and  deputy  elections  commissioners  from  holding  a
         publicly elected office
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  4  of  section 3-200 of the election law, as
    2  amended by chapter 195 of the laws  of  2003,  is  amended  to  read  as
    3  follows:
    4    4.  No  person [shall be] appointed as election commissioner or DEPUTY
    5  ELECTION COMMISSIONER SHALL continue to hold office who is not a  regis-
    6  tered voter in the county and not an enrolled member of the party recom-
    7  mending  his  OR  HER appointment, OR WHO IS THE CHAIR OF THE RESPECTIVE
    8  DEMOCRATIC OR REPUBLICAN PARTY OR COMMITTEE IN SUCH COUNTY or who  holds
    9  any  other  public  office, except that of commissioner of deeds, notary
   10  public, [village officer, city or town justice,] member of  a  community
   11  board  within  the  city  of  New York or trustee or officer of a school
   12  district outside of a city.
   13    S 2. Subdivision 6 of section 3-200 of the election law is amended  to
   14  read as follows:
   15    6.  An election commissioner OR DEPUTY ELECTION COMMISSIONER shall not
   16  be a candidate for any elective office which he  OR  SHE  would  not  be
   17  entitled  to hold under the provisions of this article, unless he OR SHE
   18  has ceased by resignation or otherwise, to  be  commissioner  OR  DEPUTY
   19  COMMISSIONER  prior  to  his  OR HER nomination or designation therefor.
   20  Otherwise such nomination or designation shall be null and void.
   21    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05007-02-0