Bill Text: NY S06226 | 2021-2022 | General Assembly | Amended
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 5-0)
Status: (Engrossed - Dead) 2022-05-17 - referred to election law [S06226 Detail]
Download: New_York-2021-S06226-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6226--E Cal. No. 564 2021-2022 Regular Sessions IN SENATE April 15, 2021 ___________ Introduced by Sens. KRUEGER, BIAGGI, HOYLMAN, MAY, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Elections in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 -- again amended and ordered reprinted, retaining its place in the order of third reading 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. Notwithstanding any inconsistent provision of law to the 2 contrary, on the effective date of this act the term of each commission- 3 er of the New York City Board of Elections, or any vacant position, 4 shall be deemed expired, and each such commissioner or vacant position 5 shall be replaced with new appointments made pursuant to this section. 6 In the city of New York, the county committee of each major political 7 party shall, within sixty days after the effective date of this act, 8 file a certificate of party recommendation with the clerk of the city 9 council of the city of New York recommending one qualified individual 10 for consideration to serve as a commissioner of elections. The city 11 council shall immediately, or as soon as practicable but no more than 12 thirty days thereafter, hold a public hearing on such recommendations, 13 and provided further, no more than thirty days thereafter confirm two EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04954-28-2S. 6226--E 2 1 qualified individuals for such positions, who shall succeed those indi- 2 viduals whose terms shall have expired pursuant to this section. 3 § 2. The section heading and subdivision 3 of section 3-200 of the 4 election law, the section heading as amended by chapter 373 of the laws 5 of 1978, are amended to read as follows: 6 Boards of elections; creation, qualifications of commissioners, 7 removal; additional qualifications and training in the city of New York. 8 3. In the city of New York the board shall consist of [ten] two 9 commissioners of election who [shall be registered voters in the county10for which they are appointed and they] shall be appointed by the city 11 council of the city of New York. [Not more than two commissioners shall12be registered voters of the same county] No two commissioners may be 13 residents of the same county or registered voters of the same party. 14 § 3. Subdivisions 2 and 4 of section 3-204 of the election law, subdi- 15 vision 2 as amended by chapter 453 of the laws of 1997, and subdivision 16 4 as amended by chapter 116 of the laws of 2010, are amended to read as 17 follows: 18 2. (a) Party recommendations for election commissioner shall be made 19 by the county committee or by such other committee as the rules of the 20 party may provide, by a majority of the votes cast at a meeting of the 21 members of such committee at which a quorum is present. If at any time a 22 vacancy occurs in the office of any election commissioner other than by 23 expiration of term of office, party recommendations to fill such vacancy 24 shall be made by the county committee or by such other committee as the 25 rules of the party may provide, by a majority of the votes cast at a 26 meeting of the members of such committee at which a quorum is present. 27 (b) Party recommendations for election commissioner in the city of New 28 York or to fill a vacancy in such office shall be made by the county 29 committee or by such other committee as the rules of the party may 30 provide, by a majority of the votes cast at a meeting of the members of 31 such committee at which a quorum is present. Each party shall, within 32 sixty days of a vacancy, file a certificate of party recommendation with 33 the clerk of the city council of the city of New York recommending one 34 individual for consideration to serve as a commissioner of elections. 35 The city council shall immediately, or as soon as practicable but no 36 more than thirty days thereafter, hold a public hearing on such recom- 37 mendations and provided further, no more than thirty days thereafter 38 confirm an individual for such position. 39 4. Commissioners of election shall be appointed by the county legisla- 40 tive body, or in the city of New York, by the city council following a 41 public hearing. Provided, however, that if a legislative body shall 42 fail to appoint any person recommended by a party for appointment as a 43 commissioner pursuant to this section, within thirty days after the 44 filing of a certificate of recommendation with such legislative body, 45 then the members of such legislative body who are members of the poli- 46 tical party which filed such certificate may appoint such person. And 47 further provided, if there are no members of the legislative body who 48 are members of the political party which filed such certificate, the 49 appointment shall take effect upon the expiration of thirty days from 50 the date that the certificate was filed. If none of the persons named in 51 any of the certificates filed by a party are so appointed within sixty 52 days after the filing of any such certificate, then such party may file 53 another certificate within thirty days after the expiration of any such 54 sixty day period recommending a different person for such appointment. 55 If a party fails to file a certificate within the time prescribed byS. 6226--E 3 1 this section, the members of the legislative body who are members of 2 such party may appoint any eligible person to such office. 3 § 4. The section heading of section 3-212 of the election law is 4 amended and a new subdivision 6 is added to read as follows: 5 Boards of elections; organization, proceedings, reports and records; 6 budget reporting in the city of New York. 7 6. If, at any time during the city fiscal year of the city of New 8 York, the director of management and budget of such city determines that 9 the expenditures of the board of elections of the city of New York are 10 reasonably likely to exceed appropriations to such board for personnel 11 services or other than personnel services for a quarter of the fiscal 12 year, based upon a reasonable allotment by such director of such appro- 13 priations to such quarter, or for the entire fiscal year, such director 14 shall provide written notice of such determination to the executive 15 director of such board, the mayor of such city, the speaker of the city 16 council of such city, and the public advocate of such city, together 17 with any relevant requests for additional data or information that the 18 director determines to be material to such board's level of expendi- 19 tures. Within twenty days of receiving such notice, such executive 20 director shall submit to such director, mayor, public advocate and 21 speaker a projection of whether and by what amount it will exceed its 22 appropriations for personnel services and other than personnel services 23 for each quarter and the entire fiscal year, together with a detailed 24 explanation of the needs justifying any such projected excess expendi- 25 tures. Nothing in this subdivision shall be construed to prevent the 26 director from requiring the furnishing of data and information, and 27 answers to pertinent inquiries, at any time in accordance with section 28 two hundred twenty-five of the New York city charter. 29 § 5. Section 3-300 of the election law is amended to read as follows: 30 § 3-300. Board employees; appointment. [Every] 1. Except as provided 31 in subdivision two of this section, every board of elections shall 32 appoint, and at its pleasure remove, clerks, voting machine technicians, 33 custodians and other employees, fix their number, prescribe their 34 duties, fix their titles and rank and establish their salaries within 35 the amounts appropriated therefor by the local legislative body [and36shall secure in the appointment of employees of the board of elections37equal representation of the major political parties]. Every commissioner 38 in each board of elections except for commissioners of the board of 39 elections of the city of New York, may approve and at pleasure remove a 40 deputy, establish his or her title and prescribe his or her duties. [In] 41 2. There shall be equal representation of the major political parties 42 among those employees of the board of elections charged with the duty of 43 qualifying voters, distributing ballots to voters, or receiving, record- 44 ing or counting votes at elections. 45 3. (a) Notwithstanding any provision of general, special or local law, 46 in the city of New York, [the board of elections shall appoint] an exec- 47 utive director [and a deputy executive director whose duties it shall be48to supervise the operations of the board of elections under the super-49vision of such board] shall be appointed and may be removed, in a manner 50 set forth in paragraph (b) of this subdivision. It shall be their duty 51 to supervise the operations of the board of elections in accordance with 52 this subdivision. The executive director shall be selected following a 53 nationwide search for qualified and experienced candidates. They shall 54 serve a term of four years. 55 (b) The board of elections of the city of New York shall advise the 56 executive director on matters of policy affecting the administration ofS. 6226--E 4 1 elections in the city of New York. Except as expressly provided in this 2 subdivision, such board shall exercise no executive power and perform no 3 executive or administrative functions. Except as expressly provided in 4 this subdivision, such board shall make no individualized decisions 5 concerning the employment of any specific person or the registration, 6 pre-registration, enrollment or qualifications of any specific voter or 7 applicant. Nothing in this subdivision shall be construed to require or 8 authorize the day-to-day supervision of the executive director by the 9 board. The board may delegate powers and duties conferred upon the board 10 to the executive director, to be exercised consistent with paragraph (e) 11 of this subdivision. In the case of a vacancy, an executive director 12 shall be appointed to serve the remainder of the unexpired term accord- 13 ing to the original manner of appointment of the previous executive 14 director. 15 (c)(1) For purposes of this paragraph and paragraph (f) of this 16 subdivision, the term "appointing authorities" shall mean the mayor of 17 the city of New York, the speaker of the city council of such city, and 18 the public advocate of such city, who shall act pursuant to this subdi- 19 vision by concurring action of at least two of such officials, provided 20 that the mayor shall be one of the concurring officials. 21 (2) No earlier than the first day of January and no later than the 22 first day of February in two thousand twenty-three and in every calendar 23 year thereafter during which the four-year term of the executive direc- 24 tor is to expire, the commissioners of election for each political party 25 shall file one or more certificates of party recommendation with the 26 appointing authorities, as described in this paragraph. 27 (3) Party recommendations for executive director shall be made by the 28 commissioner of election for each political party. Such commissioner 29 shall recommend no fewer than three candidates for the position of exec- 30 utive director. If at any time a vacancy occurs in the office of execu- 31 tive director other than by expiration of term of office, or if a 32 request for additional candidates is made by the appointing authorities 33 pursuant to subparagraph four of this paragraph, party recommendations 34 to fill such vacancy shall be made within thirty days. If fewer than 35 three candidates are recommended in a timely manner by the commissioner 36 of election for the applicable political party then the members of the 37 city council who are members of the applicable political party may, by 38 majority vote of such members, file certificates of party recommendation 39 with the appointing authorities within fifteen days after the expiration 40 of the time for filing by the commissioners of election, so as to 41 increase the total number of candidates to three. If the members of the 42 city council from one political party do not recommend any candidates, 43 the appointing authorities will choose from the list of candidates 44 submitted. 45 (4) Candidates considered for executive director must satisfy all 46 qualifications required for local officers pursuant to the public offi- 47 cers law. Further, no later than December thirty-first, two thousand 48 twenty-two, the state board of elections shall prescribe additional 49 qualifications for the position of executive director, which shall apply 50 to recommendations and appointments made thereafter. Such qualifications 51 shall thereafter be reviewed by such board at least every two years 52 and updated as necessary, and shall be prescribed only after consid- 53 eration of the skills and knowledge necessary or useful for the exercise 54 of the duties and responsibilities of the executive director, as well 55 as the ability to recruit a sufficient number of candidates to be execu- 56 tive director.S. 6226--E 5 1 (5) The executive director shall be appointed jointly by the 2 appointing authorities in accordance with this subdivision, from among 3 the candidates recommended pursuant to subparagraph three of this para- 4 graph. 5 (6) Notwithstanding any inconsistent provision of this paragraph, no 6 earlier than the first day of January and no later than the thirty-first 7 day of January in the last year of the term of the executive director, 8 the appointing authorities and commissioners of election, may agree to 9 issue a certificate of party recommendation and appointment to reappoint 10 such executive director to another term of office. In such event, the 11 process otherwise specified in subparagraphs two, three and four of this 12 paragraph shall not apply. 13 (7) An executive director may be removed from office for cause by 14 the appointing authorities. In addition, an executive director may be 15 removed without cause by the appointing authorities acting jointly with 16 the commissioners of election. Any vacancy so resulting shall be 17 filled in the manner prescribed by this paragraph for filling vacancies. 18 (d) The board shall have the power and duty to take the following 19 actions to the extent otherwise consistent with the jurisdiction of the 20 board pursuant to this chapter: 21 (1) make determinations regarding the nomination and designation of 22 candidates for public office and party positions pursuant to article six 23 of this chapter or any other relevant provision of this chapter; 24 (2) make determinations regarding the form and content of ballots, 25 including but not limited to the determination of candidates and ques- 26 tions to appear on the ballot pursuant to section 4-114 of this chapter 27 and the certification of ballots pursuant to title one of article seven 28 of this chapter or any other relevant provision of this chapter; 29 (3) adopt resolutions eliminating meetings for local registration 30 pursuant to subdivision six of section 5-202 of this chapter; 31 (4) make determinations concerning challenges to voter registration 32 and applications of voters unlawfully denied the right to register, 33 pursuant to title two of article five of this chapter; 34 (5) make determinations concerning the adoption and use of voting 35 machines or systems pursuant to section 7-200 of this chapter; 36 (6) canvass election results and perform all functions of the board of 37 canvassers in the city of New York, including but not limited to the 38 certification of election results, pursuant to article nine or any other 39 relevant provision of this chapter; 40 (7) take any action authorized by section 3-218 of this article; 41 (8) approve any contract where: 42 (i) such contract was let by a procurement method other than compet- 43 itive sealed bidding where the contract was awarded to the lowest 44 responsible bidder; 45 (ii) such contract provides for technical, consultant or personal 46 services; 47 (iii) the value of the contract exceeds or projects an annual expendi- 48 ture exceeding one million dollars for the fiscal year or where the 49 value of any contracts awarded to a single entity exceeds or is project- 50 ed to exceed one million dollars for the fiscal year; and 51 (9) promulgate regulations, issue orders and make decisions regarding 52 general policies affecting the administration of elections of the city 53 of New York. 54 (e) The executive director shall serve as the chief executive for the 55 board of elections of the city of New York and shall exercise all their 56 powers and duties in a manner not inconsistent with the policies of aS. 6226--E 6 1 board. The executive director may delegate powers and duties to a deputy 2 director and may delegate powers and duties to employees in furtherance 3 of the purposes of this chapter, including but not limited to the abili- 4 ty to exercise the powers and duties of the executive director in the 5 event of a vacancy. Such powers and duties shall include but not be 6 limited to: 7 (1) appointing, and at their pleasure removing, a deputy director, 8 clerks, voting machine technicians, custodians and other employees, 9 fixing their number, prescribing their duties, fixing their titles and 10 rank and establishing their salaries within the amounts appropriated 11 therefor in the expense budget of the city of New York, provided that 12 this subparagraph shall not affect the fixing of a daily rate of compen- 13 sation pursuant to subdivision one of section 3-420 of this article. In 14 exercising the powers conferred by this paragraph with respect to the 15 appointment of employees, the executive director shall, in consultation 16 with the New York city department of citywide administrative services 17 establish written policies and procedures on personnel, including execu- 18 tive staff, other than those paid at a daily rate pursuant to subdivi- 19 sion one of section 3-420 of this article, within ninety days of the 20 effective date of this paragraph. Such policies and procedures shall 21 include: 22 (i) specifications setting forth the qualifications for and the nature 23 and scope of the duties and responsibilities of each title, including 24 executive staff, with appointments to be made consistent with such spec- 25 ifications. Such specifications shall in addition to securing such 26 representation, give due weight to seniority, previous trainings and 27 experience, previous work for the board of elections or in elections 28 administration or in voting rights, education and professional creden- 29 tials, and performance ratings where available. This paragraph shall not 30 be construed to require the preparation of administration of competitive 31 examination of eligible list for any title, nor shall it be construed to 32 require the termination of any individual employed by the board of 33 elections of the city of New York prior to the establishment of such 34 specifications; 35 (ii) policies protecting employees from retaliation for disclosing 36 information concerning acts of wrongdoing, misconduct, malfeasance of 37 other inappropriate behavior by an employee or board member; 38 (iii) policies providing for appropriate ongoing training of employ- 39 ees, including those individuals employed prior to the establishment of 40 such policies, with the purpose of ensuring that all employees have the 41 knowledge and experience to fulfill the duties of the position that they 42 hold; 43 (iv) policies to require the posting of all vacant positions fourteen 44 days before interviews commence. All postings shall be on a publicly 45 accessible website, in the city record, or on an open data portal. Noth- 46 ing shall prevent the posting of vacancies on all three; and 47 (v) policies establishing an employee performance evaluation program 48 based upon evidence of work actually performed by employees as compared 49 with pre-established performance standards; 50 (2) exercising all the powers and duties delegated to boards of 51 elections, or specifically to the board of elections of the city of New 52 York, except where such powers and duties are expressly reserved for 53 such board pursuant to this subdivision, in all matters relating to 54 qualification of voters, voter registration and enrollment, cancellation 55 of voter registration, change of voter status and registration records 56 pursuant to article five of this chapter; in all matters relating toS. 6226--E 7 1 creation and alterations of election districts pursuant to article four 2 of this chapter, and in all matters relating to designation of places 3 for registration and polling places pursuant to articles five and eight 4 of this chapter; and 5 (3) exercising the powers and duties delegated to boards of elections, 6 or specifically to the board of elections of the city of New York, in 7 all other matters related to the administration of elections in the city 8 of New York not otherwise specified in this subdivision. 9 (f) Notwithstanding any inconsistent provision of law, in lieu of any 10 otherwise applicable law concerning public conduct of business or 11 rendering of determinations by the executive director, they shall 12 provide information to the board of elections of the city of New York 13 and the public in accordance with this paragraph. 14 (1) At regular meetings of such board conducted in accordance with 15 article seven of the public officers law, the executive director shall 16 report to the commissioners of such board on the discharge of any powers 17 and duties exercised by the executive director under paragraph (e) of 18 this subdivision as well as any additional relevant information as may 19 be requested by majority vote of such board. At such meetings, a reason- 20 able opportunity shall be provided to the public to provide oral comment 21 on the actions and operations of the board and its staff. 22 (2) Not later than January thirty-first of each year, the executive 23 director shall provide to the appointing authorities a report regarding 24 the actual performance of the board of elections of the city of New York 25 as an agency for the previous calendar year, relative to programmatic 26 goals and measures. Such report shall include such additional informa- 27 tion, and be presented in such form, as may be specified in writing by 28 the city council and speaker and communicated to the executive director 29 no later than December first of the previous calendar year, provided 30 that any specification requiring the collection or maintenance of addi- 31 tional data not already collected or maintained shall be specified at 32 least three months prior to the anticipated commencement of such 33 collection or maintenance. Further, at least once annually, the execu- 34 tive director and elections commissioners shall present on the findings 35 of the report at a public hearing in front of the city council and 36 answer any questions or provide any additional follow up information 37 asked for by the council. 38 (3) For each election, the board shall track and report key voting and 39 election administration data, including: turnout by election district; 40 average wait times by poll site and election district; call volume by 41 poll site and types of complaints received; the type and frequency of 42 use of different voting methods, including absentee, early, and election 43 day voting, affidavit ballot usage rates; rates of and reasons for 44 ballot rejections; and, language interpreter staffing by language per 45 poll site. 46 § 6. Subdivision 3 of section 4-136 of the election law, as amended by 47 chapter 155 of the laws of 2010, is amended to read as follows: 48 3. In the city of New York all leased or purchased equipment, 49 supplies, ballots, printing and publications, except newspaper notices 50 and advertisements, to be used or furnished by such board, may be 51 procured for it by the purchasing department or agency of such city as 52 if such board were an agency of such city. Such board shall comply with 53 the rules and regulations of the New York city procurement policy board 54 and applicable state law for all purchase contracts, including but not 55 limited to purchase of goods, services or technology.S. 6226--E 8 1 § 7. Notwithstanding any inconsistent provision of law, the current 2 board of elections commissioners for the city of New York shall perform 3 the functions assigned to the commissioners until the expiration of 4 their term. 5 § 8. Notwithstanding any inconsistent provision of this act, until the 6 executive director takes office in accordance with section 3-300 of the 7 election law, as amended by section five of this act, the executive 8 director or deputy executive director of the board of elections of the 9 city of New York appointed by such board and representative of such 10 party shall perform the functions assigned to the applicable executive 11 director by such section of the election law, as amended by this act, or 12 any other law. Further, while remaining in office, such executive 13 director and deputy executive director shall be subject to removal and 14 replacement by action of such board, consistent with the provisions of 15 section 3-300 of the election law as such section was in existence prior 16 to its amendment by this act. If an executive director has not been 17 appointed by May 1, 2023, the status of the executive director or deputy 18 executive director appointed by such board and representative of the 19 applicable political party shall terminate, and the new position of 20 executive director shall be deemed in existence and vacant for all 21 purposes after such date. 22 § 9. Severability. If any provision of this act is held invalid or 23 ineffective in whole or in part or inapplicable to any person or situ- 24 ation, such invalidity or holding shall not affect, impair or invalidate 25 other provisions or applications of this act that can be given effect 26 without the invalid provision or application, and all other provisions 27 thereof shall nevertheless be separately and fully effective, and to 28 this end the provisions of this act are declared to be severable. 29 § 10. This act shall take effect immediately; provided, however, that 30 sections one, three, four, and five of this act shall take effect Janu- 31 ary 1, 2023; and provided further, however, that sections six, seven and 32 eight of this act shall take effect on the sixtieth day after it shall 33 have become a law.