Bill Text: NY S02726 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the exercise of powers and duties of the board of elections of the city of New York and its executive management.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ELECTIONS [S02726 Detail]

Download: New_York-2019-S02726-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2726
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 29, 2019
                                       ___________
        Introduced  by  Sen. KRUEGER -- 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 the exercise of  powers
          and  duties  of the board of elections of the city of New York and its
          executive management
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  3-300  of the election law is amended to read as
     2  follows:
     3    § 3-300. Board employees; appointment. [Every] 1. Except  as  provided
     4  in  subdivision  two  of  this  section,  every board of elections shall
     5  appoint, and at its pleasure remove, clerks, voting machine technicians,
     6  custodians and  other  employees,  fix  their  number,  prescribe  their
     7  duties,  fix  their  titles and rank and establish their salaries within
     8  the amounts appropriated therefor by  the  local  legislative  body  and
     9  shall  secure  in the appointment of employees of the board of elections
    10  equal representation of the major political parties.  Every commissioner
    11  in each board of elections except for  commissioners  of  the  board  of
    12  elections  of the city of New York, may approve and at pleasure remove a
    13  deputy, establish his title and prescribe his duties. [In]
    14    2. (a) Notwithstanding any provision of general, special or local law,
    15  in the city of New York, the board of elections shall appoint an  execu-
    16  tive director and a deputy executive director who shall each be of sepa-
    17  rate  major  political parties and whose duties it shall be to supervise
    18  the operations of the board of elections [under the supervision of  such
    19  board]  in  accordance  with this subdivision. The board of elections of
    20  the city of New York shall advise  the  executive  director  and  deputy
    21  executive  director on matters of policy affecting the administration of
    22  elections in the city of New York. Except as expressly provided in  this
    23  subdivision, such board shall exercise no executive power and perform no
    24  executive  or  administrative functions. Except as expressly provided in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08885-01-9
        S. 2726                             2
     1  this subdivision, such board  shall  make  no  individualized  decisions
     2  concerning  the  employment  of any specific person or the registration,
     3  enrollment or qualifications of any  specific  voter.  Nothing  in  this
     4  subdivision  shall  be  construed to require or authorize the day-to-day
     5  supervision of the executive director or deputy  executive  director  by
     6  the  board.  The board may delegate powers and duties conferred upon the
     7  board to the executive director and deputy  executive  director,  to  be
     8  exercised consistent with paragraph (c) of this subdivision.
     9    (b)  The  board  shall  have  the power and duty to take the following
    10  actions to the extent otherwise consistent with the jurisdiction of  the
    11  board pursuant to this chapter:
    12    (1)  take  any action related to the creation, consolidation, division
    13  or alteration of election districts pursuant to section  4-100  of  this
    14  chapter  and  the designation of poll sites pursuant to section 4-104 of
    15  this chapter;
    16    (2) make determinations regarding the nomination  and  designation  of
    17  candidates for public office and party positions pursuant to article six
    18  or any other relevant provision of this chapter;
    19    (3)  make  determinations  regarding  the form and content of ballots,
    20  including but not limited to the determination of candidates  and  ques-
    21  tions  to appear on the ballot pursuant to section 4-114 of this chapter
    22  and the certification of ballots pursuant to title one of article  seven
    23  or any other relevant provision of this chapter;
    24    (4)  adopt  resolutions  eliminating  meetings  for local registration
    25  pursuant to subdivision six of section 5-202 of this chapter;
    26    (5) make determinations concerning challenges  to  voter  registration
    27  and  applications  of  voters  unlawfully  denied the right to register,
    28  pursuant to title two of article five of this chapter;
    29    (6) make determinations concerning the  adoption  and  use  of  voting
    30  machines or systems pursuant to section 7-200 of this chapter;
    31    (7) canvass election results and perform all functions of the board of
    32  canvassers  in  the  city  of New York, including but not limited to the
    33  certification of election results, pursuant to article nine or any other
    34  relevant provision of this chapter;
    35    (8) take any action authorized by section 3-218 of this article;
    36    (9) approve any contract where the value of the  contract  exceeds  or
    37  projects  an  annual  expenditure  exceeding one million dollars for the
    38  fiscal year or where the value of any  contracts  awarded  to  a  single
    39  entity  exceeds  or  is  projected to exceed one million dollars for the
    40  fiscal year; and
    41    (10) promulgate regulations, issue orders and make decisions regarding
    42  general policies affecting the administration of elections of  the  city
    43  of New York.
    44    (c) The executive director and deputy executive director shall collec-
    45  tively  serve  as  the chief executive for the board of elections of the
    46  city of New York and shall collectively exercise all  their  powers  and
    47  duties in a manner not inconsistent with the policies of the board. Such
    48  powers and duties shall include but not be limited to:
    49    (1) appointing, and at their pleasure removing, clerks, voting machine
    50  technicians,  custodians  and  other  employees,  fixing  their  number,
    51  prescribing their duties, fixing their titles and rank and  establishing
    52  their  salaries within the amounts appropriated therefor by the New York
    53  city council. They shall secure in the appointment  of  employees  equal
    54  representation  of  the  major political parties. The executive director
    55  and deputy executive director may each delegate powers and duties to the
        S. 2726                             3
     1  other, and may collectively delegate powers and duties to  employees  in
     2  furtherance of the purposes of this chapter;
     3    (2) exercising the powers and duties delegated to boards of elections,
     4  or  specifically  to  the  board  of  elections of the city of New York,
     5  except where such powers and duties  are  expressly  reserved  for  such
     6  board  pursuant  to  this subdivision, in all matters relating to quali-
     7  fication of voters, voter registration and enrollment,  cancellation  of
     8  voter  registration,  change  of  voter  status and registration records
     9  pursuant to article five of this chapter; and
    10    (3) exercising the powers and duties delegated to boards of elections,
    11  or specifically to the board of elections of the city of  New  York,  in
    12  all  matters  related  to the administration of elections in the city of
    13  New York not otherwise specified in  paragraphs  one  and  two  of  this
    14  subdivision.
    15    §  2.  This  act  shall take effect on the sixtieth day after it shall
    16  have become a law.