Bill Text: NY S06226 | 2021-2022 | General Assembly | Amended

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6226--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 15, 2021
                                       ___________

        Introduced  by  Sens. KRUEGER, HOYLMAN, 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

        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 section the term of each commis-
     3  sioner 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 section,
     8  file  a  certificate  of party recommendation with the clerk of the city
     9  council of the city of New York recommending two individuals for consid-
    10  eration to serve as a commissioner of elections. The city council  shall
    11  immediately,  or  as  soon  as  practicable but no more than thirty days
    12  thereafter, hold a public hearing on such recommendations, and  provided
    13  further,  no  more  than thirty days thereafter confirm four individuals
    14  for such positions, who shall  succeed  those  individuals  whose  terms
    15  shall have expired pursuant to this section.
    16    §  2.  The  section  heading and subdivision 3 of section 3-200 of the
    17  election law, the section heading as amended by chapter 373 of the  laws
    18  of  1978,  are  amended  and  a  new  subdivision  8 is added to read as
    19  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04954-16-1
        S. 6226--B                          2

     1    Boards  of  elections;  creation,  qualifications  of   commissioners,
     2  removal; additional qualifications and training in the city of New York.
     3    3.  In  the  city  of  New  York  the board shall consist of [ten] two
     4  commissioners of election who [shall be registered voters in the  county
     5  for  which  they  are appointed and they] shall be appointed by the city
     6  council of the city of New York. Not more than two  commissioners  shall
     7  be  registered  voters of the same county.  No later than December thir-
     8  ty-first, two thousand twenty-two, the state board  of  elections  shall
     9  prescribe  qualifications for the commissioners of election of the board
    10  of elections of the city of New York.  Such qualifications  shall  apply
    11  to  appointments  made  beginning thirty days after promulgation of such
    12  qualifications and shall thereafter be reviewed by such board  at  least
    13  every  two years and updated as necessary.  Such qualifications shall be
    14  prescribed only after consideration of the skills and  knowledge  neces-
    15  sary  or  useful  for the exercise of the duties and responsibilities of
    16  such commissioners, as well as  the  ability  to  recruit  a  sufficient
    17  number of candidates to be commissioners.
    18    8. In the city of New York the commissioners of election shall partic-
    19  ipate  in  training  conducted by the state board of elections regarding
    20  their duties and responsibilities as commissioners of election,  includ-
    21  ing  training  regarding election day operations, to be completed within
    22  sixty days after a commissioner commences performance of the  duties  of
    23  the office. Commissioners of election shall participate in such continu-
    24  ing  training  conducted  by  the  state  board  of  elections as may be
    25  required by such board to remain informed of best practices,  regulatory
    26  and statutory changes relating to their duties and responsibilities, and
    27  any  other  continuing training as is necessary to fulfill the duties of
    28  the commissioners of election.
    29    § 3. Subdivisions 2 and 4 of section 3-204 of the election law, subdi-
    30  vision 2 as amended by chapter 453 of the laws of 1997, and  subdivision
    31  4  as amended by chapter 116 of the laws of 2010, are amended to read as
    32  follows:
    33    2. (a) Party recommendations for election commissioner shall  be  made
    34  by  the  county committee or by such other committee as the rules of the
    35  party may provide, by a majority of the votes cast at a meeting  of  the
    36  members of such committee at which a quorum is present. If at any time a
    37  vacancy  occurs in the office of any election commissioner other than by
    38  expiration of term of office, party recommendations to fill such vacancy
    39  shall be made by the county committee or by such other committee as  the
    40  rules  of  the  party  may provide, by a majority of the votes cast at a
    41  meeting of the members of such committee at which a quorum is present.
    42    (b) Party recommendations for election commissioner in the city of New
    43  York or to fill a vacancy in such office shall be  made  by  the  county
    44  committee  or  by  such  other  committee  as the rules of the party may
    45  provide, by a majority of the votes cast at a meeting of the members  of
    46  such  committee  at which a quorum is present.  Each party shall, within
    47  sixty days, file a certificate of party recommendation with the clerk of
    48  the city council of the city of New York recommending one individual for
    49  consideration to serve as a commissioner of elections. The city  council
    50  shall  immediately,  or  as  soon as practicable but no more than thirty
    51  days thereafter, hold a  public  hearing  on  such  recommendations  and
    52  provided  further,  no more than thirty days thereafter confirm an indi-
    53  vidual for such position.
    54    4. Commissioners of election shall be appointed by the county legisla-
    55  tive body, or in the city of New York, by the city council  following  a
    56  public  hearing.    Provided,  however, that if a legislative body shall
        S. 6226--B                          3

     1  fail to appoint any person recommended by a party for appointment  as  a
     2  commissioner  pursuant  to  this  section,  within thirty days after the
     3  filing of a certificate of recommendation with  such  legislative  body,
     4  then  the  members of such legislative body who are members of the poli-
     5  tical party which filed such certificate may appoint  such  person.  And
     6  further  provided,  if  there are no members of the legislative body who
     7  are members of the political party which  filed  such  certificate,  the
     8  appointment  shall  take  effect upon the expiration of thirty days from
     9  the date that the certificate was filed. If none of the persons named in
    10  any of the certificates filed by a party are so appointed  within  sixty
    11  days  after the filing of any such certificate, then such party may file
    12  another certificate within thirty days after the expiration of any  such
    13  sixty  day  period recommending a different person for such appointment.
    14  If a party fails to file a certificate within  the  time  prescribed  by
    15  this  section,  the  members  of the legislative body who are members of
    16  such party may appoint any eligible person to such office.
    17    § 4. The section heading of section  3-212  of  the  election  law  is
    18  amended and a new subdivision 6 is added to read as follows:
    19    Boards  of  elections; organization, proceedings, reports and records;
    20  budget reporting in the city of New York.
    21    6. If, at any time during the city fiscal year  of  the  city  of  New
    22  York, the director of management and budget of such city determines that
    23  the  expenditures  of the board of elections of the city of New York are
    24  reasonably likely to exceed appropriations to such board  for  personnel
    25  services  or  other  than personnel services for a quarter of the fiscal
    26  year, based upon a reasonable allotment by such director of such  appro-
    27  priations  to such quarter, or for the entire fiscal year, such director
    28  shall provide written notice of such determination to  the  co-executive
    29  directors of such board, the mayor of such city, the speaker of the city
    30  council  of  such  city,  and the public advocate of such city, together
    31  with any relevant requests for additional data or information  that  the
    32  director  determines  to  be  material to such board's level of expendi-
    33  tures.   Within twenty days of receiving such notice, such  co-executive
    34  directors  shall  submit  to  such  director, mayor, public advocate and
    35  speaker a projection of whether and by what amount it  will  exceed  its
    36  appropriations  for personnel services and other than personnel services
    37  for each quarter and the entire fiscal year, together  with  a  detailed
    38  explanation  of  the needs justifying any such projected excess expendi-
    39  tures.  Nothing in this subdivision shall be construed  to  prevent  the
    40  director  from  requiring  the  furnishing  of data and information, and
    41  answers to pertinent inquiries, at any time in accordance  with  section
    42  two hundred twenty-five of the New York city charter.
    43    § 5. Section 3-300 of the election law is amended to read as follows:
    44    §  3-300.  Board employees; appointment. [Every] 1. Except as provided
    45  in subdivision two of this  section,  every  board  of  elections  shall
    46  appoint, and at its pleasure remove, clerks, voting machine technicians,
    47  custodians  and  other  employees,  fix  their  number,  prescribe their
    48  duties, fix their titles and rank and establish  their  salaries  within
    49  the  amounts  appropriated  therefor  by  the local legislative body and
    50  shall secure in the appointment of employees of the board  of  elections
    51  equal representation of the major political parties.  Every commissioner
    52  in  each  board  of  elections  except for commissioners of the board of
    53  elections of the city of New York, may approve and at pleasure remove  a
    54  deputy, establish his or her title and prescribe his or her duties. [In]
    55    2. (a) Notwithstanding any provision of general, special or local law,
    56  in the city of New York, [the board of elections shall appoint an execu-
        S. 6226--B                          4

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

     1    (4) Candidates recommended under this paragraph must satisfy all qual-
     2  ifications  required  for local officers pursuant to the public officers
     3  law.  Further, no later than December thirty-first, two  thousand  twen-
     4  ty-two,  the  state board of elections shall prescribe additional quali-
     5  fications for the co-executive directors, which shall apply to recommen-
     6  dations  and  appointments  made  thereafter.  Such qualifications shall
     7  thereafter be reviewed by such  board  at  least  every  two  years  and
     8  updated  as  necessary, and shall be prescribed only after consideration
     9  of the skills and knowledge necessary or useful for the exercise of  the
    10  duties  and  responsibilities  of the co-executive directors, as well as
    11  the ability to recruit a sufficient number of candidates to be co-execu-
    12  tive directors.
    13    (5) The certificates filed shall be in  such  form  and  contain  such
    14  information as shall be prescribed by the state board of elections.
    15    (6)  The  co-executive  directors  shall  be  appointed jointly by the
    16  appointing authorities in accordance with this subdivision,  from  among
    17  the  candidates recommended pursuant to subparagraph three of this para-
    18  graph; provided, however, that within thirty days after receipt  of  one
    19  or  more certificates of recommendation that include in the aggregate at
    20  least three candidates,  the  appointing  authorities  may  request  the
    21  submission  of  not  less than two additional candidates, in which event
    22  the process set forth in subparagraph two of  this  paragraph  shall  be
    23  repeated.  If  the  appointing  authorities  fail to jointly appoint any
    24  person recommended for appointment as co-executive director pursuant  to
    25  this  paragraph,  within  forty-five  days  after receipt of one or more
    26  certificates of recommendation that include at least  three  candidates,
    27  or  within  thirty  days  after receipt of one or more certificates that
    28  include at least two additional candidates, then  the  commissioners  of
    29  election who are members of the political party which filed such certif-
    30  icate  may  appoint one of the recommended candidates by a majority vote
    31  of such commissioners.   If a sufficient number  of  candidates,  or  of
    32  additional candidates, are not recommended to the appointing authorities
    33  by  either  the  applicable  commissioners of election or the applicable
    34  members of the city council within the times prescribed  by  this  para-
    35  graph,  then  any holdover status of the incumbent co-executive director
    36  shall terminate and the process required by this paragraph shall  recom-
    37  mence,  unless  the  appointing  authorities  jointly appoint one of the
    38  recommended candidates within fifteen days after the expiration of  such
    39  prescribed times.
    40    (7)   Notwithstanding any inconsistent provision of this paragraph, no
    41  earlier than the first day of January and no later than the thirty-first
    42  day of January in the last year of the term of a co-executive  director,
    43  the  appointing authorities and commissioners of election for the appli-
    44  cable political party, acting by a majority vote of such  commissioners,
    45  may  agree  to  jointly  issue a certificate of party recommendation and
    46  appointment to reappoint such co-executive director to another  term  of
    47  office.  In such event, the process otherwise specified in subparagraphs
    48  two, three and six of this paragraph shall not apply.
    49    (8)  A  co-executive  director may be removed from office for cause by
    50  the appointing authorities.  In addition, a co-executive director may be
    51  removed without cause by the appointing authorities acting jointly  with
    52  the commissioners of election for the applicable political party, acting
    53  by  a  majority  vote of such commissioners.    Any vacancy so resulting
    54  shall be filled in the manner prescribed by this  paragraph for  filling
    55  vacancies.
        S. 6226--B                          6

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

     1  not affect the fixing of a daily rate of compensation pursuant to subdi-
     2  vision  one  of section 3-420 of this article.  They shall secure in the
     3  appointment of employees equal representation  of  the  major  political
     4  parties.    In  exercising  the  powers conferred by this paragraph with
     5  respect to the appointment  of  employees,  the  co-executive  directors
     6  shall,  in  consultation  with  the New York city department of citywide
     7  administrative services establish written  policies  and  procedures  on
     8  personnel,  including  executive staff, other than those paid at a daily
     9  rate pursuant to subdivision one of section 3-420 of this article, with-
    10  in ninety days of the effective date of this  paragraph.  Such  policies
    11  and procedures shall include:
    12    (i) specifications setting forth the qualifications for and the nature
    13  and  scope  of  the duties and responsibilities of each title, including
    14  executive staff, with appointments to be made consistent with such spec-
    15  ifications, provided that appointments shall secure equal representation
    16  of the major political parties. Such specifications shall in addition to
    17  securing such representation, give due  weight  to  seniority,  previous
    18  trainings  and  experience,  education and professional credentials, and
    19  performance  ratings  where  available.  This  paragraph  shall  not  be
    20  construed  to  require  the preparation of administration of competitive
    21  examination of eligible list for any title, nor shall it be construed to
    22  require the termination of any  individual  employed  by  the  board  of
    23  elections  of  the  city  of New York prior to the establishment of such
    24  specifications;
    25    (ii) policies protecting employees  from  retaliation  for  disclosing
    26  information  concerning  acts  of wrongdoing, misconduct, malfeasance of
    27  other inappropriate behavior by an employee or board member;
    28    (iii) policies providing for appropriate ongoing training  of  employ-
    29  ees,  including those individuals employed prior to the establishment of
    30  such policies, with the purpose of ensuring that all employees have  the
    31  knowledge and experience to fulfill the duties of the position that they
    32  hold;
    33    (iv)  policies to require the posting of all vacant positions fourteen
    34  days before interviews commence. All postings shall  be  on  a  publicly
    35  accessible website, in the city record, or on an open data portal. Noth-
    36  ing shall prevent the posting of vacancies on all three; and
    37    (v)  policies  establishing an employee performance evaluation program
    38  based upon evidence of work actually performed by employees as  compared
    39  with pre-established performance standards;
    40    (2)  exercising  all  the  powers  and  duties  delegated to boards of
    41  elections, or specifically to the board of elections of the city of  New
    42  York,  except  where  such  powers and duties are expressly reserved for
    43  such board pursuant to this subdivision,  in  all  matters  relating  to
    44  qualification of voters, voter registration and enrollment, cancellation
    45  of  voter  registration, change of voter status and registration records
    46  pursuant to article five of this chapter; in  all  matters  relating  to
    47  creation  and alterations of election districts pursuant to article four
    48  of this chapter, and in all matters relating to  designation  of  places
    49  for  registration and polling places pursuant to articles five and eight
    50  of this chapter; and
    51    (3) exercising the powers and duties delegated to boards of elections,
    52  or specifically to the board of elections of the city of  New  York,  in
    53  all other matters related to the administration of elections in the city
    54  of New York not otherwise specified in this subdivision.
    55    (e)  Notwithstanding any inconsistent provision of law, in lieu of any
    56  otherwise  applicable  law  concerning  public  conduct  of  business or
        S. 6226--B                          8

     1  rendering of determinations by the co-executive  directors,  they  shall
     2  provide  information  to  the board of elections of the city of New York
     3  and the public in accordance with this paragraph.
     4    (1)  At  regular  meetings  of such board conducted in accordance with
     5  article seven of the public officers  law,  the  co-executive  directors
     6  shall  report to the commissioners of such board on the discharge of any
     7  powers and duties exercised by the co-executive  directors  under  para-
     8  graph  (d) of this subdivision as well as any additional relevant infor-
     9  mation as may be requested by majority vote of such board. At such meet-
    10  ings, a reasonable opportunity  shall  be  provided  to  the  public  to
    11  provide  oral comment on the actions and operations of the board and its
    12  staff.
    13    (2) Not later than January thirty-first of each year, the co-executive
    14  directors shall provide to the appointing authorities a report regarding
    15  the actual performance of the board of elections of the city of New York
    16  as an agency for the previous calendar year,  relative  to  programmatic
    17  goals  and  measures. Such report shall include such additional informa-
    18  tion, and be presented in such form, as may be specified in  writing  by
    19  the  appointing  authority and speaker and communicated to the co-execu-
    20  tive directors  no later than December first of  the  previous  calendar
    21  year,  provided that any specification requiring the collection or main-
    22  tenance of additional data not already collected or maintained shall  be
    23  specified at least three months prior to the anticipated commencement of
    24  such collection or maintenance.
    25    (3) For each election, the board shall track and report key voting and
    26  election  administration  data, including: turnout by election district;
    27  average wait times by poll site and election district;  call  volume  by
    28  poll  site  and  types of complaints received; the type and frequency of
    29  use of different voting methods, including absentee, early, and election
    30  day voting, affidavit ballot usage  rates;  rates  of  and  reasons  for
    31  ballot  rejections;  and,  language interpreter staffing by language per
    32  poll site.
    33    § 6. Subdivision 3 of section 4-136 of the election law, as amended by
    34  chapter 155 of the laws of 2010, is amended to read as follows:
    35    3. In the  city  of  New  York  all  leased  or  purchased  equipment,
    36  supplies,  ballots,  printing and publications, except newspaper notices
    37  and advertisements, to be used  or  furnished  by  such  board,  may  be
    38  procured  for  it by the purchasing department or agency of such city as
    39  if such board were an agency of such city. Such board shall comply  with
    40  the  rules and regulations of the New York city procurement policy board
    41  and applicable state law for all purchase contracts, including  but  not
    42  limited to purchase of goods, services or technology.
    43    §  7.  Notwithstanding  any inconsistent provision of law, the current
    44  board of elections commissioners for the city of New York shall  perform
    45  the  functions  assigned  to  the  commissioners until the expiration of
    46  their term.
    47    § 8. Notwithstanding any inconsistent provision of this act, until the
    48  first co-executive director of  the  applicable  political  party  takes
    49  office  in accordance with section 3-300 of the election law, as amended
    50  by section three of this act, the executive director or deputy executive
    51  director of the board of elections of the city of New York appointed  by
    52  such  board and representative of such party shall perform the functions
    53  assigned to the applicable co-executive director by such section of  the
    54  election  law, as amended by this act, or any other law.  Further, while
    55  remaining in office, such executive director and deputy executive direc-
    56  tor shall be subject to removal and replacement by action of such board,
        S. 6226--B                          9

     1  consistent with the provisions of section 3-300 of the election  law  as
     2  such  section was in existence prior to its amendment by this act.  If a
     3  co-executive director has not been appointed by May 1, 2022, the  status
     4  of the executive director or deputy executive director appointed by such
     5  board  and representative of the applicable political party shall termi-
     6  nate, and the new position of co-executive director shall be  deemed  in
     7  existence and vacant for all purposes after such date.
     8    §  9.  This act shall take effect immediately; provided, however, that
     9  section one of this act shall take effect on the  one  hundred  fiftieth
    10  day  after  it  shall  have become a law; and provided further, however,
    11  that sections two, four, five, six, seven and eight of  this  act  shall
    12  take effect on the sixtieth day after it shall have become a law.