S00612 Summary:

BILL NOS00612D
 
SAME ASSAME AS A01244-D
 
SPONSORMAYER
 
COSPNSRJACKSON, MAY, WEBB
 
MLTSPNSR
 
Add §3-304, El L
 
Prohibits conflicts of interest among board of elections employees; prevents a board of elections employee from remaining on the board of elections payroll while also a candidate for an office who has an election overseen by the board at which they are employed; allows for a member to remain on the board until 90 days before the general election if there is no primary for such office.
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S00612 Actions:

BILL NOS00612D
 
01/05/2023REFERRED TO ELECTIONS
01/09/2023REPORTED AND COMMITTED TO RULES
01/09/2023ORDERED TO THIRD READING CAL.11
01/10/2023PASSED SENATE
01/10/2023DELIVERED TO ASSEMBLY
01/10/2023referred to election law
03/29/2023RECALLED FROM ASSEMBLY
03/29/2023returned to senate
03/29/2023VOTE RECONSIDERED - RESTORED TO THIRD READING
03/29/2023AMENDED ON THIRD READING 612A
06/10/2023RECOMMITTED TO RULES
01/03/2024REFERRED TO ELECTIONS
03/12/20241ST REPORT CAL.623
03/13/2024AMENDED 612B
03/13/20242ND REPORT CAL.
03/14/2024ADVANCED TO THIRD READING
04/15/2024AMENDED ON THIRD READING 612C
05/21/2024PASSED SENATE
05/21/2024DELIVERED TO ASSEMBLY
05/21/2024referred to election law
05/28/2024RECALLED FROM ASSEMBLY
05/28/2024returned to senate
05/28/2024VOTE RECONSIDERED - RESTORED TO THIRD READING
05/28/2024AMENDED ON THIRD READING 612D
06/03/2024REPASSED SENATE
06/03/2024RETURNED TO ASSEMBLY
06/03/2024referred to codes
06/03/2024substituted for a1244d
06/03/2024ordered to third reading rules cal.229
06/03/2024passed assembly
06/03/2024returned to senate
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S00612 Committee Votes:

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S00612 Floor Votes:

DATE:06/03/2024Assembly Vote  YEA/NAY: 98/47
Yes
Alvarez
No
Byrnes
Yes
Fall
Yes
Kelles
Yes
Otis
No
Simpson
Yes
Anderson
Yes
Carroll
No
Fitzpatrick
Yes
Kim
ER
Palmesano
No
Slater
No
Angelino
Yes
Chandler-Waterm
No
Flood
Yes
Lavine
Yes
Paulin
No
Smith
Yes
Ardila
No
Chang
Yes
Forrest
Yes
Lee
Yes
Peoples-Stokes
No
Smullen
Yes
Aubry
Yes
Clark
No
Friend
No
Lemondes
Yes
Pheffer Amato
Yes
Solages
No
Barclay
Yes
Colton
Yes
Gallagher
Yes
Levenberg
No
Pirozzolo
Yes
Steck
Yes
Barrett
Yes
Conrad
No
Gallahan
Yes ‡
Lucas
Yes
Pretlow
Yes
Stern
No
Beephan
Yes
Cook
No
Gandolfo
Yes
Lunsford
No
Ra
Yes ‡
Stirpe
No
Bendett
Yes
Cruz
Yes
Gibbs
Yes
Lupardo
Yes
Raga
No
Tague
Yes
Benedetto
Yes
Cunningham
No
Giglio JA
Yes
Magnarelli
Yes
Rajkumar
No
Tannousis
Yes
Berger
No
Curran
No
Giglio JM
ER
Maher
Yes
Ramos
Yes
Tapia
Yes
Bichotte Hermel
Yes
Dais
Yes
Glick
Yes
Mamdani
No
Reilly
Yes
Taylor
No
Blankenbush
Yes
Darling
Yes
Gonzalez-Rojas
No
Manktelow
Yes
Reyes
Yes
Thiele
ER
Blumencranz
Yes
Davila
No
Goodell
Yes
McDonald
Yes
Rivera
Yes
Vanel
Yes
Bores
Yes
De Los Santos
No
Gray
No ‡
McDonough
Yes
Rosenthal
Yes
Walker
No
Brabenec
No
DeStefano
Yes
Gunther
No
McGowan
Yes
Rozic
Yes
Wallace
Yes
Braunstein
ER
Dickens
No
Hawley
Yes
McMahon
Yes
Santabarbara
No
Walsh
No
Bronson
Yes
Dilan
Yes
Hevesi
Yes
Meeks
Yes
Sayegh
Yes
Weinstein
No
Brook-Krasny
Yes
Dinowitz
Yes
Hunter
No
Mikulin
Yes
Seawright
Yes
Weprin
No
Brown EA
No ‡
DiPietro
Yes
Hyndman
No
Miller
Yes
Septimo
Yes
Williams
No
Brown K
No
Durso
ER
Jackson
Yes
Mitaynes
Yes
Shimsky
Yes
Woerner
Yes
Burdick
Yes
Eachus
Yes
Jacobson
No
Morinello
Yes
Shrestha
Yes
Zaccaro
Yes
Burgos
Yes
Eichenstein
Yes
Jean-Pierre
No
Norris
Yes
Sillitti
Yes
Zebrowski
Yes
Burke
Yes
Epstein
No
Jensen
No
Novakhov
Yes
Simon
Yes
Zinerman
Yes
Buttenschon
Yes
Fahy
No
Jones
Yes
O'Donnell
Yes
Simone
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S00612 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         612--D
            Cal. No. 623
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     January 5, 2023
                                       ___________
 
        Introduced  by Sens. MAYER, JACKSON, MAY, WEBB -- read twice and ordered
          printed, and  when  printed  to  be  committed  to  the  Committee  on
          Elections  --  reported favorably from said committee and committed to
          the Committee on Rules --  reported  favorably  from  said  committee,
          ordered  to  a  third  reading,  passed by Senate and delivered to the
          Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading -- recommitted to the Committee on Elections in  accord-
          ance  with  Senate  Rule  6,  sec.  8  -- reported favorably from said
          committee, ordered to first report, amended on first  report,  ordered
          to  a  second report and ordered reprinted, retaining its place in the
          order of second report --  reported  favorably  from  said  committee,
          amended  on  second  report,  ordered  to a third reading, amended and
          ordered reprinted, retaining its place in the order of  third  reading
          --  passed  by  Senate  and  delivered to the Assembly, recalled, vote
          reconsidered,  restored  to  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 prohibiting conflicts
          of interest among board of elections employees
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The election law is amended by adding a new section 3-304
     2  to read as follows:
     3    § 3-304. Board employees;  conflicts  of  interest.  1.  No  board  of
     4  elections  employee shall engage in or participate in any trade or busi-
     5  ness which creates, or may  tend  to  create,  an  actual  or  potential
     6  conflict  of interest.   No board of elections employee shall maintain a
     7  direct financial interest in or be employed by a  vendor  or  a  company
     8  providing  services  to a candidate who has an election overseen by such
     9  employee's office, including but not  limited  to,  printing  companies,
    10  election consulting companies, direct mail companies and digital market-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02172-30-4

        S. 612--D                           2
 
     1  ing  companies.  No  board of elections employee shall maintain a direct
     2  financial interest in or be employed by a vendor or company  that  sells
     3  to  the  board voting machines, electronic poll books, printers or other
     4  technical  or electronic equipment. A violation of any of the provisions
     5  of this subdivision shall be  cause  for  discipline  by  the  board  of
     6  elections, including removal of the board of elections employee.
     7    2.  No  board  of  elections  employee  shall  remain  on the board of
     8  elections payroll while also a  candidate  for  an  office  who  has  an
     9  election  overseen  by  the  board  at  which they are employed. For the
    10  purposes of this article, a board of elections employee shall be  deemed
    11  a  candidate  for  elective  office  upon the filing of a designating or
    12  nominating petition for such  office  or,  where  nominations  for  such
    13  office are made other than by petition, upon acceptance of a nomination.
    14  Such  employee  may remain in "leave without pay" status until such time
    15  as their candidacy shall cease, or upon the day  following  the  certif-
    16  ication  of  election  results  for  such office, whichever comes first.
    17  Notwithstanding the provisions of this section, when there are no prima-
    18  ry elections for the office being sought by a candidate that is employed
    19  by the board of elections, that candidate may remain  on  the  board  of
    20  elections  payroll  for  no  more  than  ninety  days prior to a general
    21  election. The provisions of this subdivision shall not apply  to  unpaid
    22  party positions.
    23    3.  It  shall  not be considered a conflict of interest for a board of
    24  elections employee who is a member of a county committee as  defined  in
    25  section  2-104 of this chapter, a district leader as outlined in section
    26  2-110 of this chapter, a member of the state committee as  described  in
    27  section  2-102  of  this chapter, a delegate or an alternate delegate to
    28  judicial district nominating conventions as described in  section  6-124
    29  of  this  chapter,  or  a  delegate or an alternate delegate to national
    30  party conventions as described in section 2-122 of this chapter who,  as
    31  part  of  their  duties  in  said party position, endorses or supports a
    32  candidate for a party position or public office.
    33    § 2. This act shall take effect one year after it shall have become  a
    34  law.
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