STATE OF NEW YORK
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5268--A
Cal. No. 462
2023-2024 Regular Sessions
IN SENATE
March 1, 2023
___________
Introduced by Sen. MYRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the election law, in relation to the authority of the
state board of elections to issue subpoenas
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 3-104 of the
2 election law, as amended by section 4 of subpart B of part H of chapter
3 55 of the laws of 2014, is amended to read as follows:
4 (b) The state board of elections shall have jurisdiction of, and be
5 responsible for, the execution and enforcement of the provisions of
6 article fourteen of this chapter and other statutes governing campaigns,
7 elections and related procedures; provided however that the chief
8 enforcement counsel shall have sole authority within the state board of
9 elections to investigate on his or her own initiative, or upon
10 complaint, alleged violations of such statutes, and all complaints
11 alleging violations shall be forwarded to the division of election law
12 enforcement.
13 § 2. Subdivision 3 of section 3-104 of the election law, as amended
14 by section 4 of subpart B of part H of chapter 55 of the laws of 2014,
15 is amended to read as follows:
16 3. Upon receipt of a complaint and supporting information alleging any
17 violation of this chapter, or upon his or her own initiative, the chief
18 enforcement counsel shall determine if an investigation should be under-
19 taken. The chief enforcement counsel shall, if necessary, obtain addi-
20 tional information from the complainant or from other sources to assist
21 such counsel in making this determination. Such analysis shall include
22 the following: first, whether the allegations, if true, would constitute
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06814-04-3
S. 5268--A 2
1 a violation of this chapter and, second, whether the allegations are
2 supported by credible evidence. The chief enforcement counsel may at any
3 time ask that the board authorize him or her to exercise the powers
4 which the board is otherwise authorized to exercise pursuant to subdivi-
5 sions five and six of section 3-102 of this title. The board shall vote
6 on whether to grant or refuse to grant such authority no later than
7 twenty days after the chief enforcement counsel makes such request. For
8 purposes of considering and voting on such request, quorum requirements
9 are met if two board members and the chief enforcement counsel are pres-
10 ent at the vote, and the chief enforcement counsel shall be entitled to
11 participate in all matters related thereto and shall vote on the board's
12 granting or refusal to grant such request only when there is a tie.
13 Should the board not vote on such request within twenty days of its
14 submission, or grant the chief enforcement counsel's request, the chief
15 enforcement counsel shall be so empowered to act pursuant to subdivi-
16 sions five and six of section 3-102 of this title.
17 § 3. Within thirty days of the effective date of this act, the state
18 board of elections shall issue any rules and regulations necessary for
19 the implementation of this act.
20 § 4. This act shall take effect immediately.
