Bill Text: NY S06226 | 2021-2022 | 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 5-0)

Status: (Engrossed - Dead) 2022-05-17 - referred to election law [S06226 Detail]

Download: New_York-2021-S06226-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6226

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 15, 2021
                                       ___________

        Introduced  by Sens. KRUEGER, HOYLMAN -- 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.  The section heading and subdivision 3 of section 3-200 of
     2  the election law, the section heading as amended by chapter 373  of  the
     3  laws  of  1978,  are amended and a new subdivision 8 is added to read as
     4  follows:
     5    Boards  of  elections;  creation,  qualifications  of   commissioners,
     6  removal; additional qualifications and training in the city of New York.
     7    3.  In the city of New York the board shall consist of ten commission-
     8  ers of election who shall be registered voters in the county  for  which
     9  they  are  appointed  and they shall be appointed by the city council of
    10  the city of New York. Not more than two commissioners  shall  be  regis-
    11  tered  voters  of  the same county.  In addition, no later than December
    12  thirty-first, two thousand twenty-one,  the  state  board  of  elections
    13  shall  prescribe qualifications for the commissioners of election of the
    14  board of elections of the city of New York.   Such qualifications  shall
    15  apply  to  appointments made beginning thirty days after promulgation of
    16  such qualifications and shall thereafter be reviewed by  such  board  at
    17  least  every  two  years  and updated as necessary.  Such qualifications
    18  shall be prescribed only after consideration of the skills and knowledge
    19  necessary or useful for the exercise of the duties and  responsibilities
    20  of  such  commissioners,  as well as the ability to recruit a sufficient
    21  number of candidates to be commissioners.
    22    8. In the city of New York the commissioners of election shall partic-
    23  ipate in training conducted by the state board  of  elections  regarding
    24  their  duties and responsibilities as commissioners of election, includ-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04954-02-1
        S. 6226                             2

     1  ing training regarding election day operations, to be  completed  within
     2  sixty  days  after a commissioner commences performance of the duties of
     3  the office. Commissioners of election shall participate in such continu-
     4  ing  training  conducted  by  the  state  board  of  elections as may be
     5  required by such board to remain informed of best practices,  regulatory
     6  and statutory changes relating to their duties and responsibilities, and
     7  any  other  continuing training as is necessary to fulfill the duties of
     8  the commissioners of election.
     9    § 2. The section heading of section  3-212  of  the  election  law  is
    10  amended and a new subdivision 6 is added to read as follows:
    11    Boards  of  elections; organization, proceedings, reports and records;
    12  budget reporting in the city of New York.
    13    6. If, at any time during the city fiscal year  of  the  city  of  New
    14  York, the director of management and budget of such city determines that
    15  the  expenditures  of the board of elections of the city of New York are
    16  reasonably likely to exceed appropriations to such board  for  personnel
    17  services  or  other  than personnel services for a quarter of the fiscal
    18  year, based upon a reasonable allotment by such director of such  appro-
    19  priations  to such quarter, or for the entire fiscal year, such director
    20  shall provide written notice of such determination to  the  co-executive
    21  directors of such board, the mayor of such city, the speaker of the city
    22  council  of  such  city,  and the public advocate of such city, together
    23  with any relevant requests for additional data or information  that  the
    24  director  determines  to  be  material to such board's level of expendi-
    25  tures.   Within twenty days of receiving such notice, such  co-executive
    26  directors  shall  submit  to  such  director, mayor, public advocate and
    27  speaker a projection of whether and by what amount it  will  exceed  its
    28  appropriations  for personnel services and other than personnel services
    29  for each quarter and the entire fiscal year, together  with  a  detailed
    30  explanation  of  the needs justifying any such projected excess expendi-
    31  tures.  Nothing in this subdivision shall be construed  to  prevent  the
    32  director  from  requiring  the  furnishing  of data and information, and
    33  answers to pertinent inquiries, at any time in accordance  with  section
    34  two hundred twenty-five of the New York city charter.
    35    § 3. Section 3-300 of the election law is amended to read as follows:
    36    §  3-300.  Board employees; appointment. [Every] 1. Except as provided
    37  in subdivision two of this  section,  every  board  of  elections  shall
    38  appoint, and at its pleasure remove, clerks, voting machine technicians,
    39  custodians  and  other  employees,  fix  their  number,  prescribe their
    40  duties, fix their titles and rank and establish  their  salaries  within
    41  the  amounts  appropriated  therefor  by  the local legislative body and
    42  shall secure in the appointment of employees of the board  of  elections
    43  equal representation of the major political parties.  Every commissioner
    44  in  each  board  of  elections  except for commissioners of the board of
    45  elections of the city of New York, may approve and at pleasure remove  a
    46  deputy, establish his title and prescribe his duties. [In]
    47    2. (a) Notwithstanding any provision of general, special or local law,
    48  in the city of New York, [the board of elections shall appoint an execu-
    49  tive director and a deputy executive director whose duties it] co-execu-
    50  tive directors who shall each be of separate major political parties and
    51  shall  be  appointed, and may be removed, in a manner set forth in para-
    52  graph (b) of this subdivision. The duty of  the  co-executive  directors
    53  shall  be  to  supervise the operations of the board of elections [under
    54  the supervision of such board] in accordance with this subdivision.  The
    55  board of elections of the city of New York shall advise the co-executive
    56  directors on matters of policy affecting the administration of elections
        S. 6226                             3

     1  in  the  city of New York. Except as expressly provided in this subdivi-
     2  sion, such board shall exercise no executive power and perform no execu-
     3  tive or administrative functions. Except as expressly provided  in  this
     4  subdivision,  such board shall make no individualized decisions concern-
     5  ing the employment of any specific person or the  registration,  pre-re-
     6  gistration, enrollment or qualifications of any specific voter or appli-
     7  cant.  Nothing  in  this  subdivision  shall  be construed to require or
     8  authorize the day-to-day supervision of the  co-executive  directors  by
     9  the  board.  The board may delegate powers and duties conferred upon the
    10  board to the co-executive directors, to  be  exercised  consistent  with
    11  paragraph  (d)  of  this  subdivision.   One co-executive director shall
    12  first be appointed for a term of two years and the other shall first  be
    13  appointed  to  a term of four years, with both terms commencing on March
    14  first, two thousand twenty-two.  Thereafter, each co-executive  director
    15  shall  be  appointed for a term of four years in the manner described in
    16  paragraph (b) of this subdivision.  In the case of a vacancy, a  co-exe-
    17  cutive  director  shall be appointed to serve the remainder of the unex-
    18  pired term according to the original manner of appointment of the previ-
    19  ous co-executive director.
    20    (b)(1)   For purposes of this paragraph  and  paragraph  (e)  of  this
    21  subdivision,  the  term "appointing authorities" shall mean the mayor of
    22  the city of New York, the speaker of the city council of such city,  and
    23  the  public advocate of such city, who shall act pursuant to this subdi-
    24  vision by concurring action of at least two of such officials,  provided
    25  that the mayor shall be one of the concurring officials.
    26    (2)  No  earlier  than  the first day of January and no later than the
    27  first day of February in two thousand twenty-two and in  every  calendar
    28  year thereafter during which the four-year term of a co-executive direc-
    29  tor is to expire, the commissioners of election for each political party
    30  shall  file  one  or  more certificates of party recommendation with the
    31  appointing authorities, as described in this paragraph.
    32    (3) Party recommendations for co-executive director shall be  made  by
    33  the commissioners of election for each political party. Such commission-
    34  ers  shall act jointly by majority vote to recommend no fewer than three
    35  candidates for each position of co-executive director.  If at any time a
    36  vacancy occurs in the office of  co-executive  director  other  than  by
    37  expiration  of term of office, or if a request for additional candidates
    38  is made by the appointing authorities pursuant to  subparagraph  six  of
    39  this paragraph, party recommendations to fill such vacancy shall be made
    40  within  thirty days. If fewer than three candidates are recommended in a
    41  timely manner by the commissioners of election for the applicable  poli-
    42  tical  party  acting  jointly  by majority vote, then the members of the
    43  city council who are members of the applicable political party  may,  by
    44  majority vote of such members, file certificates of party recommendation
    45  with the appointing authorities within fifteen days after the expiration
    46  of  the  time  for  filing  by  the  commissioners of election, so as to
    47  increase the total number of candidates to three.
    48    (4) In addition to satisfying any other  qualifications  required  for
    49  local  officers  pursuant  to the public officers law, candidates recom-
    50  mended under this paragraph must be registered voters in the city of New
    51  York. Further, no later than December thirty-first, two  thousand  twen-
    52  ty-one,  the  state board of elections shall prescribe additional quali-
    53  fications for the co-executive directors, which shall apply to recommen-
    54  dations and appointments  made  thereafter.  Such  qualifications  shall
    55  thereafter  be  reviewed  by  such  board  at  least every two years and
    56  updated as necessary, and shall be prescribed only  after  consideration
        S. 6226                             4

     1  of  the skills and knowledge necessary or useful for the exercise of the
     2  duties and responsibilities of the co-executive directors,  as  well  as
     3  the ability to recruit a sufficient number of candidates to be co-execu-
     4  tive directors.
     5    (5)  The  certificates  filed  shall  be in such form and contain such
     6  information as shall be prescribed by the state board of elections.
     7    (6) The co-executive directors  shall  be  appointed  jointly  by  the
     8  appointing  authorities  in accordance with this subdivision, from among
     9  the candidates recommended pursuant to subparagraph three of this  para-
    10  graph;  provided,  however, that within thirty days after receipt of one
    11  or more certificates of recommendation that include in the aggregate  at
    12  least  three  candidates,  the  appointing  authorities  may request the
    13  submission of not less than two additional candidates,  in  which  event
    14  the  process  set  forth  in subparagraph two of this paragraph shall be
    15  repeated. If the appointing authorities  fail  to  jointly  appoint  any
    16  person  recommended for appointment as co-executive director pursuant to
    17  this paragraph, within forty-five days after  receipt  of  one  or  more
    18  certificates  of  recommendation that include at least three candidates,
    19  or within thirty days after receipt of one  or  more  certificates  that
    20  include  at  least  two additional candidates, then the commissioners of
    21  election who are members of the political party which filed such certif-
    22  icate may appoint one of the recommended candidates by a  majority  vote
    23  of  such  commissioners.    If  a sufficient number of candidates, or of
    24  additional candidates, are not recommended to the appointing authorities
    25  by either the applicable commissioners of  election  or  the  applicable
    26  members  of  the  city council within the times prescribed by this para-
    27  graph, then any holdover status of the incumbent  co-executive  director
    28  shall  terminate and the process required by this paragraph shall recom-
    29  mence, unless the appointing authorities  jointly  appoint  one  of  the
    30  recommended  candidates within fifteen days after the expiration of such
    31  prescribed times.
    32    (7)  Notwithstanding any inconsistent provision of this paragraph,  no
    33  earlier than the first day of January and no later than the thirty-first
    34  day  of January in the last year of the term of a co-executive director,
    35  the appointing authorities and commissioners of election for the  appli-
    36  cable  political party, acting by a majority vote of such commissioners,
    37  may agree to jointly issue a certificate  of  party  recommendation  and
    38  appointment  to  reappoint such co-executive director to another term of
    39  office.  In such event, the process otherwise specified in subparagraphs
    40  two, three and six of this paragraph shall not apply.
    41    (8) A co-executive director may be removed from office  for  cause  by
    42  the appointing authorities.  In addition, a co-executive director may be
    43  removed  without cause by the appointing authorities acting jointly with
    44  the commissioners of election for the applicable political party, acting
    45  by a majority vote of such commissioners.     Any vacancy  so  resulting
    46  shall  be filled in the manner prescribed by this  paragraph for filling
    47  vacancies.
    48    (9) The co-executive  directors  shall  be  subject  to  the  training
    49  requirements  set  forth  in  subdivision eight of section 3-200 of this
    50  article,  unless  the  state  board  of  elections  in  its   discretion
    51  prescribes  alternative  or  additional  training  for  the co-executive
    52  directors specific to their duties and responsibilities.
    53    (c) The board shall have the power and  duty  to  take  the  following
    54  actions  to the extent otherwise consistent with the jurisdiction of the
    55  board pursuant to this chapter:
        S. 6226                             5

     1    (1) make determinations regarding the nomination  and  designation  of
     2  candidates for public office and party positions pursuant to article six
     3  or any other relevant provision of this chapter;
     4    (2)  make  determinations  regarding  the form and content of ballots,
     5  including but not limited to the determination of candidates  and  ques-
     6  tions  to appear on the ballot pursuant to section 4-114 of this chapter
     7  and the certification of ballots pursuant to title one of article  seven
     8  or any other relevant provision of this chapter;
     9    (3)  adopt  resolutions  eliminating  meetings  for local registration
    10  pursuant to subdivision six of section 5-202 of this chapter;
    11    (4) make determinations concerning challenges  to  voter  registration
    12  and  applications  of  voters  unlawfully  denied the right to register,
    13  pursuant to title two of article five of this chapter;
    14    (5) make determinations concerning the  adoption  and  use  of  voting
    15  machines or systems pursuant to section 7-200 of this chapter;
    16    (6) canvass election results and perform all functions of the board of
    17  canvassers  in  the  city  of New York, including but not limited to the
    18  certification of election results, pursuant to article nine or any other
    19  relevant provision of this chapter;
    20    (7) take any action authorized by section 3-218 of this article;
    21    (8) approve any contract where:
    22    (i) such contract was let by a procurement method other  than  compet-
    23  itive  sealed  bidding  where  the  contract  was  awarded to the lowest
    24  responsible bidder;
    25    (ii) such contract provides  for  technical,  consultant  or  personal
    26  services;
    27    (iii) the value of the contract exceeds or projects an annual expendi-
    28  ture  exceeding  one  million  dollars  for the fiscal year or where the
    29  value of any contracts awarded to a single entity exceeds or is project-
    30  ed to exceed one million dollars for the fiscal year; and
    31    (9) promulgate regulations, issue orders and make decisions  regarding
    32  general  policies  affecting the administration of elections of the city
    33  of New York.
    34    (d) The co-executive directors shall collectively serve as  the  chief
    35  executive  for  the board of elections of the city of New York and shall
    36  collectively exercise all their powers and duties in a manner not incon-
    37  sistent with the policies of the board. The co-executive  directors  may
    38  collectively  delegate  powers  and duties to the other, and may collec-
    39  tively delegate powers and duties to employees  in  furtherance  of  the
    40  purposes  of  this  chapter, including but not limited to the ability to
    41  exercise the powers and duties of a co-executive director in  the  event
    42  of  a vacancy.   Such powers and duties shall include but not be limited
    43  to:
    44    (1) appointing, and at their pleasure removing, clerks, voting machine
    45  technicians,  custodians  and  other  employees,  fixing  their  number,
    46  prescribing  their duties, fixing their titles and rank and establishing
    47  their salaries within the amounts appropriated therefor in  the  expense
    48  budget  of  the  city of New York, provided that this subparagraph shall
    49  not affect the fixing of a daily rate of compensation pursuant to subdi-
    50  vision one of section 3-420 of this article.  They shall secure  in  the
    51  appointment  of  employees  equal  representation of the major political
    52  parties.   In exercising the powers conferred  by  this  paragraph  with
    53  respect  to  the  appointment  of  employees, the co-executive directors
    54  shall, in consultation with the New York  city  department  of  citywide
    55  administrative  services  establish  written  policies and procedures on
    56  personnel, including executive staff, other than those paid at  a  daily
        S. 6226                             6

     1  rate pursuant to subdivision one of section 3-420 of this article, with-
     2  in  ninety  days  of the effective date of this paragraph. Such policies
     3  and procedures shall include:
     4    (i) specifications setting forth the qualifications for and the nature
     5  and  scope  of  the duties and responsibilities of each title, including
     6  executive staff, with appointments to be made consistent with such spec-
     7  ifications, provided that appointments shall secure equal representation
     8  of the major political parties. Such specifications shall in addition to
     9  securing such representation, give due  weight  to  seniority,  previous
    10  trainings  and  experience,  education and professional credentials, and
    11  performance  ratings  where  available.  This  paragraph  shall  not  be
    12  construed  to  require  the preparation of administration of competitive
    13  examination of eligible list for any title, nor shall it be construed to
    14  require the termination of any  individual  employed  by  the  board  of
    15  elections  of  the  city  of New York prior to the establishment of such
    16  specifications;
    17    (ii) policies protecting employees  from  retaliation  for  disclosing
    18  information  concerning  acts  of wrongdoing, misconduct, malfeasance of
    19  other inappropriate behavior by an employee or board member;
    20    (iii) policies providing for appropriate ongoing training  of  employ-
    21  ees,  including those individuals employed prior to the establishment of
    22  such policies, with the purpose of ensuring that all employees have  the
    23  knowledge and experience to fulfill the duties of the position that they
    24  hold; and
    25    (iv)  policies establishing an employee performance evaluation program
    26  based upon evidence of work actually performed by employees as  compared
    27  with pre-established performance standards;
    28    (2)  exercising  all  the  powers  and  duties  delegated to boards of
    29  elections, or specifically to the board of elections of the city of  New
    30  York,  except  where  such  powers and duties are expressly reserved for
    31  such board pursuant to this subdivision,  in  all  matters  relating  to
    32  qualification of voters, voter registration and enrollment, cancellation
    33  of  voter  registration, change of voter status and registration records
    34  pursuant to article five of this chapter; in  all  matters  relating  to
    35  creation  and alterations of election districts pursuant to article four
    36  of this chapter, and in all matters relating to  designation  of  places
    37  for  registration and polling places pursuant to articles five and eight
    38  of this chapter; and
    39    (3) exercising the powers and duties delegated to boards of elections,
    40  or specifically to the board of elections of the city of  New  York,  in
    41  all other matters related to the administration of elections in the city
    42  of New York not otherwise specified in this subdivision.
    43    (e)  Notwithstanding any inconsistent provision of law, in lieu of any
    44  otherwise  applicable  law  concerning  public  conduct  of  business or
    45  rendering of determinations by the co-executive  directors,  they  shall
    46  provide  information  to  the board of elections of the city of New York
    47  and the public in accordance with this paragraph.
    48    (1) At regular meetings of such board  conducted  in  accordance  with
    49  article  seven  of  the  public officers law, the co-executive directors
    50  shall report to the commissioners of such board on the discharge of  any
    51  powers  and  duties  exercised by the co-executive directors under para-
    52  graph (d) of this subdivision as well as any additional relevant  infor-
    53  mation as may be requested by majority vote of such board. At such meet-
    54  ings,  a  reasonable  opportunity  shall  be  provided  to the public to
    55  provide oral comment on the actions and operations of the board and  its
    56  staff.
        S. 6226                             7

     1    (2) Not later than January thirty-first of each year, the co-executive
     2  directors shall provide to the appointing authorities a report regarding
     3  the actual performance of the board of elections of the city of New York
     4  as  an  agency  for the previous calendar year, relative to programmatic
     5  goals  and  measures. Such report shall include such additional informa-
     6  tion, and be presented in such form, as may be specified in  writing  by
     7  the  appointing  authority and speaker and communicated to the co-execu-
     8  tive directors  no later than December first of  the  previous  calendar
     9  year,  provided that any specification requiring the collection or main-
    10  tenance of additional data not already collected or maintained shall  be
    11  specified at least three months prior to the anticipated commencement of
    12  such collection or maintenance.
    13    § 4. Subdivision 3 of section 4-136 of the election law, as amended by
    14  chapter 155 of the laws of 2010, is amended to read as follows:
    15    3.  In  the  city  of  New  York  all  leased  or purchased equipment,
    16  supplies, ballots, printing and publications, except  newspaper  notices
    17  and  advertisements,  to  be  used  or  furnished  by such board, may be
    18  procured for it by the purchasing department or agency of such  city  as
    19  if  such board were an agency of such city. Such board shall comply with
    20  the rules and regulations of the New York city procurement policy  board
    21  and  applicable  state law for all purchase contracts, including but not
    22  limited to purchase of goods, services or technology.
    23    § 5. Notwithstanding any inconsistent provision of this act, until the
    24  first co-executive director of  the  applicable  political  party  takes
    25  office  in accordance with section 3-300 of the election law, as amended
    26  by section three of this act, the executive director or deputy executive
    27  director of the board of elections of the city of New York appointed  by
    28  such  board and representative of such party shall perform the functions
    29  assigned to the applicable co-executive director by such section of  the
    30  election  law, as amended by this act, or any other law.  Further, while
    31  remaining in office, such executive director and deputy executive direc-
    32  tor shall be subject to removal and replacement by action of such board,
    33  consistent with the provisions of section 3-300 of the election  law  as
    34  such  section was in existence prior to its amendment by this act.  If a
    35  co-executive director has not been appointed by May 1, 2022, the  status
    36  of the executive director or deputy executive director appointed by such
    37  board  and representative of the applicable political party shall termi-
    38  nate, and the new position of co-executive director shall be  deemed  in
    39  existence and vacant for all purposes after such date.
    40    §  6.  This  act  shall take effect on the sixtieth day after it shall
    41  have become a law.