Relates to the removal of an election commissioner by the governor or by affirmative vote of a majority of commissioners of the state board of elections for incompetence, misconduct, or other good cause, provided that prior to removal, such election commissioner shall be given a written copy of the charges against them and have an opportunity to be heard in their defense.
STATE OF NEW YORK
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585--A
2023-2024 Regular Sessions
IN SENATE
January 5, 2023
___________
Introduced by Sens. MAY, WEBB -- read twice and ordered printed, and
when printed to be committed to the Committee on Elections -- recom-
mitted to the Committee on Elections in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the election law, in relation to the removal of an
election commissioner
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 3-200 of the election law is
2 amended to read as follows:
3 7. An election commissioner may be removed from office by the governor
4 [for cause in the same manner as a sheriff] or by affirmative vote of a
5 majority of commissioners of the state board of elections for incompe-
6 tence, misconduct, or other good cause, provided that prior to removal,
7 such election commissioner shall be given a written copy of the charges
8 against him or her and have an opportunity to be heard in his or her
9 defense. Any vacancy so resulting shall be filled in a manner prescribed
10 by this article for filling vacancies.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03653-02-3
