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.