NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A811
SPONSOR: Paulin TITLE OF BILL:
An act to amend the election law, in relation to the authority of the
state board of elections to issue subpoenas
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to remove the requirement that the State
Board of Elections' Chief Enforcement Counsel get board approval for
subpoenas.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 5 of section 3-102 of the election law
which clarifies who has the power to subpoena witnesses within the State
Board of Elections.
Section 2 amends paragraph (b) of subdivision 1 of section 3-104 of the
election law which provides the State Board of Elections' chief enforce-
ment counsel with the sole authority to issue subpoenas on his or her
own initiative.
Section 3 amends subdivision 3 of section 3-104 of the election law by
empowering the State Board of Elections' chief enforcement counsel to
issue subpoenas of•their own volition.
Section 4 directs the state board of elections to issue any rules and
regulations necessary for the implementation of this act.
Section 5 provides the effective date.
JUSTIFICATION:
The Chief Enforcement Counsel is a law enforcement entity and should
possess subpoena power akin to other law enforcement agencies. Enforc-
ing election laws requires investigative power and this power should not
be subject to the acquiescence of either party on the state Board of
Elections.
PRIOR LEGISLATIVE HISTORY:
S.5268A of 2023 and 2024, passed Senate.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
811
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Election Law
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] the chief enforcement counsel's
10 own initiative, or upon complaint, alleged violations of such statutes,
11 and all complaints alleging violations shall be forwarded to the divi-
12 sion of election law 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] the chief enforcement
18 counsel's own initiative, the chief enforcement counsel shall determine
19 if an investigation should be undertaken. The chief enforcement counsel
20 shall, if necessary, obtain additional information from the complainant
21 or from other sources to assist such counsel in making this determi-
22 nation. Such analysis shall include the following: first, whether the
23 allegations, if true, would constitute a violation of this chapter and,
24 second, whether the allegations are supported by credible evidence. The
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00866-01-5
A. 811 2
1 chief enforcement counsel may at any time ask that the board authorize
2 [him or her] the chief enforcement counsel to exercise the powers which
3 the board is otherwise authorized to exercise pursuant to subdivisions
4 five and six of section 3-102 of this title. The board shall vote on
5 whether to grant or refuse to grant such authority no later than twenty
6 days after the chief enforcement counsel makes such request. For
7 purposes of considering and voting on such request, quorum requirements
8 are met if two board members and the chief enforcement counsel are pres-
9 ent at the vote, and the chief enforcement counsel shall be entitled to
10 participate in all matters related thereto and shall vote on the board's
11 granting or refusal to grant such request only when there is a tie.
12 Should the board not vote on such request within twenty days of its
13 submission, or grant the chief enforcement counsel's request, the chief
14 enforcement counsel shall be so empowered to act pursuant to subdivi-
15 sions five and six of section 3-102 of this title.
16 § 3. Within thirty days of the effective date of this act, the state
17 board of elections shall issue any rules and regulations necessary for
18 the implementation of this act.
19 § 4. This act shall take effect immediately.
