Bill Text: NY S01858 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ELECTIONS [S01858 Detail]

Download: New_York-2015-S01858-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1858
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2015
                                      ___________
       Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Elections
       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; PROVIDED, HOWEVER,  THAT  THE  PROVISION  OF
   13  THIS SUBDIVISION PROHIBITING AN ELECTION COMMISSIONER OR DEPUTY ELECTION
   14  COMMISSIONER  FROM  CONTINUING  TO  HOLD  OFFICE WHO IS THE CHAIR OF THE
   15  RESPECTIVE DEMOCRATIC OR REPUBLICAN PARTY OR COMMITTEE  IN  SUCH  COUNTY
   16  SHALL NOT APPLY TO ANY PERSON CURRENTLY SERVING AS ELECTION COMMISSIONER
   17  OR DEPUTY ELECTION COMMISSIONER.
   18    S  2. Subdivision 6 of section 3-200 of the election law is amended to
   19  read as follows:
   20    6. An election commissioner OR DEPUTY ELECTION COMMISSIONER shall  not
   21  be  a  candidate  for  any  elective office which he OR SHE would not be
   22  entitled to hold under the provisions of this article, unless he OR  SHE
   23  has  ceased  by  resignation  or otherwise, to be commissioner OR DEPUTY
   24  COMMISSIONER prior to his OR HER  nomination  or  designation  therefor.
   25  Otherwise such nomination or designation shall be null and void.
   26    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04358-01-5