Enacts into law major components of legislation necessary to implement good government and ethics reform budget for 2019-2020; enacts the Voter Enfranchisement Modernization Act of 2019 (Part C); relates to providing uniform polling hours during primary elections (Part I); relates to government vendor contributions, no such contribution shall be made during the restricted vendor contribution period if such vendor has submitted a bid, quotation, offer or response to such state governmental entity (Part K); prohibits certain loans to be made to candidates on political committees, lobbyists may make loans to themselves or their own political committee (Part M); authorizes counties to employ computer generated registration lists; updates the list of supplies to be delivered to poll sites (Part N); relates to advisory opinions on outside income of members of the legislature and financial disclosures of certain municipal officers (Part V).
STATE OF NEW YORK
________________________________________________________________________
1510--B
IN SENATE
January 18, 2019
___________
A BUDGET BILL, submitted by the Governor pursuant to article seven of
the Constitution -- read twice and ordered printed, and when printed
to be committed to the Committee on Finance -- 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 intentionally omitted (Part A); intentionally omitted (Part B);
to amend the election law, in relation to enacting the Voter Enfran-
chisement Modernization Act of 2019; in relation to establishing the
electronic personal voter registration process (Part C); intentionally
omitted (Part D); intentionally omitted (Part E); intentionally omit-
ted (Part F); intentionally omitted (Part G); intentionally omitted
(Part H); to amend the election law, in relation to providing uniform
polling hours during primary elections (Part I); intentionally omitted
(Part J); to amend the election law, in relation to prohibiting
vendors engaged in procurements with the state from making campaign
contributions to elected officials (Part K); intentionally omitted
(Part L); to amend the election law, in relation to prohibiting
certain loans to be made to candidates or political committees (Part
M); to amend the election law, in relation to authorizing computer
generated registration lists; in relation to the list of supplies to
be delivered to poll sites (Part N); intentionally omitted (Part O);
intentionally omitted (Part P); intentionally omitted (Part Q); inten-
tionally omitted (Part R); intentionally omitted (Part S); inten-
tionally omitted (Part T); intentionally omitted (Part U); to amend
the executive law and the general municipal law, in relation to
requiring the financial disclosures of certain local officials (Part
V); intentionally omitted (Part W); and intentionally omitted (Part X)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2019-2020
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through X. The effective date for each particular
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12575-03-9
S. 1510--B 2
1 provision contained within such Part is set forth in the last section of
2 such Part. Any provision in any section contained within a Part,
3 including the effective date of the Part, which makes reference to a
4 section "of this act", when used in connection with that particular
5 component, shall be deemed to mean and refer to the corresponding
6 section of the Part in which it is found. Section three of this act sets
7 forth the general effective date of this act.
8 PART A
9 Intentionally Omitted
10 PART B
11 Intentionally Omitted
12 PART C
13 Section 1. Short title. This act shall be known as and may be cited as
14 the "Voter Enfranchisement Modernization Act of 2019 (VEMA)".
15 § 2. Declaration of Legislative Intent. The right to vote is a funda-
16 mental right, the well-spring of all others, secured by the federal and
17 state constitutions. On-line forms of communication and conducting tran-
18 sactions did not exist at the time New York's paper-based voter regis-
19 tration system was enacted. In the last twenty years, many paper-based
20 processes have migrated to on-line processes, including filing tax
21 returns, applying for social security benefits, routine banking trans-
22 actions, official communications and purchase transactions of all types.
23 This on-line migration has improved cost efficiency, increased accessi-
24 bility and provided greater convenience to the public in many contexts.
25 The predominantly paper-based voter registration application process in
26 New York is antiquated and must be supplemented with on-line voter
27 registration. To remove unnecessary burdens to the fundamental right of
28 the people to vote, the State Board of Elections shall establish the
29 Voter Enfranchisement Modernization Program for the purpose of increas-
30 ing opportunities for voter registration by any person who is qualified
31 to be a voter under Article II of the New York State Constitution. This
32 effort modernizes voter registration and supplements the methods of
33 voter registration provided under current law.
34 § 3. Article 5 of the election law is amended by adding a new title 8
35 to read as follows:
36 TITLE VIII
37 ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
38 Section 5-800. Electronic voter registration transmittal system.
39 5-802. Online voter registration application.
40 5-804. Failure to provide exemplar signature not to prevent
41 registration.
42 § 5-800. Electronic voter registration transmittal system. In addition
43 to any other means of voter registration provided for by this chapter,
44 the state board of elections shall establish and maintain an electronic
45 voter registration transmittal system through which applicants may apply
46 to register to vote online. The state board of elections shall elec-
47 tronically transmit such applications to the applicable board of
48 elections of each county or the city of New York for filing, processing
49 and verification consistent with this chapter. In accordance with tech-
50 nical specifications provided by the state board of elections, each
S. 1510--B 3
1 board of elections shall maintain a voter registration system capable of
2 receiving and processing voter registration application information,
3 including electronic signatures, from the electronic voter registration
4 transmittal system established by the state board of elections. Notwith-
5 standing any other inconsistent provision of this chapter, applications
6 filed using such system shall be considered filed with the applicable
7 board of elections on the calendar date the application is initially
8 transmitted by the voter through the electronic voter registration tran-
9 smittal system.
10 § 5-802. Online voter registration application. 1. A voter shall be
11 able to apply to register to vote using a personal online voter regis-
12 tration application submitted through the electronic voter registration
13 transmittal system when the voter:
14 (a) completes an electronic voter registration application promulgated
15 by the state board of elections which shall include all of the voter
16 registration information required by section 5-210 of this article; and
17 (b) affirms, subject to penalty of perjury, by means of electronic or
18 manual signature, that the information contained in the voter registra-
19 tion application is true and that the applicant meets all of the quali-
20 fications to become a registered voter; and
21 (c) consents to the use of an electronic copy of the individual's
22 manual signature that is in the custody of the department of motor vehi-
23 cles, the state board of elections, or other agency designated by
24 sections 5-211 or 5-212 of this article, as the individual's voter
25 registration exemplar signature, or provides such a signature by direct
26 upload in a manner that complies with the New York state electronic
27 signature and records act and the rules and regulations promulgated by
28 the state board of elections.
29 2. The board of elections shall provide the personal online voter
30 registration application in any language required by the federal Voting
31 Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.
32 3. The online voter registration application process shall provide
33 reasonable accommodations to improve accessibility for persons with
34 disabilities, and shall be compatible for use with standard online
35 accessibility assistance tools for persons with visual, physical or
36 perceptive disabilities.
37 4. The state board of elections shall promulgate rules and regulations
38 for the creation and administration of an online voter registration
39 system pursuant to this section.
40 § 5-804. Failure to provide exemplar signature not to prevent regis-
41 tration. If a voter registration exemplar signature is not provided by
42 an applicant who submits a voter registration application pursuant to
43 this title and such signature exemplar is not otherwise available from
44 the statewide voter registration database or a state or local agency,
45 the local board of elections shall, absent another reason to reject the
46 application, proceed to register and, as applicable, enroll the appli-
47 cant. Within ten days of such action, the board of elections shall send
48 a standard form promulgated by the state board of elections to the voter
49 whose record lacks an exemplar signature, requiring such voter to submit
50 a signature for identification purposes. The voter shall submit to the
51 board of elections a voter registration exemplar signature by any one of
52 the following methods: in person, by mail with return postage paid
53 provided by the board of elections, by electronic mail, or by electronic
54 upload to the board of elections through the electronic voter registra-
55 tion transmittal system. If such voter does not provide the required
56 exemplar signature, when the voter appears to vote the voter shall be
S. 1510--B 4
1 entitled to vote in the same manner as a voter with a notation indicat-
2 ing the voter's identity has not yet been verified in the manner
3 provided by section 8-302 of this chapter.
4 § 4. This act shall take effect on the earlier occurrence of: (i)
5 two years after it shall have become a law; provided, however, the state
6 board of elections shall be authorized to implement necessary rules and
7 regulations and to take steps required to implement this act immediate-
8 ly; or (ii) five days after the date of certification by the state board
9 of elections that the information technology infrastructure to substan-
10 tially implement this act is functional. Provided, further that the
11 state board of elections shall notify the legislative bill drafting
12 commission upon the occurrence of the enactment of the legislation
13 provided for in this act in order that the commission may maintain an
14 accurate and timely effective data base of the official text of the laws
15 of the state of New York in furtherance of effectuating the provisions
16 of section 44 of the legislative law and section 70-b of the public
17 officers law.
18 PART D
19 Intentionally Omitted
20 PART E
21 Intentionally Omitted
22 PART F
23 Intentionally Omitted
24 PART G
25 Intentionally Omitted
26 PART H
27 Intentionally Omitted
28 PART I
29 Section 1. Subdivision 2 of section 8-100 of the election law, as
30 amended by chapter 367 of the laws of 2017, is amended to read as
31 follows:
32 2. Polls shall be open for voting during the following hours: a prima-
33 ry election from [twelve o'clock noon until nine o'clock in the evening,
34 except in the city of New York and the counties of Nassau, Suffolk,
35 Westchester, Rockland, Orange, Putnam, Dutchess and Erie, and in such
36 city or county from] six o'clock in the morning until nine o'clock in
37 the evening; the general election from six o'clock in the morning until
38 nine o'clock in the evening; a special election called by the governor
39 pursuant to the public officers law, and, except as otherwise provided
40 by law, every other election, from six o'clock in the morning until nine
41 o'clock in the evening; early voting hours shall be as provided in title
42 six of this article.
43 § 2. This act shall take effect on the first of January after it shall
44 have become a law and shall apply to any election held 120 days after.
S. 1510--B 5
1 PART J
2 Intentionally Omitted
3 PART K
4 Section 1. The election law is amended by adding a new section 14-131
5 to read as follows:
6 § 14-131. Government vendor contributions. 1. (a) It shall be unlawful
7 during the restricted vendor contribution period for any person, organ-
8 ization, group of persons, or business entity that submits an applica-
9 tion for any license or a bid, quotation, offer or response to a state
10 governmental entity posting or solicitation for procurement to make a
11 contribution to any officeholder of or with authority over the state
12 governmental entity or entities responsible for issuing such procurement
13 posting, license or solicitation, evaluating responses to the procure-
14 ment posting, license or solicitation for purposes of determining an
15 award, or approving the selection of an awardee, or awarding the final
16 contract or license, or to any candidate for an office of such govern-
17 mental entity, including to such officeholder's or candidate's author-
18 ized political committees or political committees the officeholder or
19 candidate exerts operational control over. It shall further be unlawful,
20 pursuant to section 14-120 of this article, to make contributions to
21 political committees not authorized or operationally controlled by the
22 officeholder or candidate for the purpose of transferring a contribution
23 to the officeholder's or candidate's authorized political committees or
24 political committees they exert operational control over.
25 (b) For purposes of this section the assembly and senate shall be
26 separate and distinct governmental entities when a particular posting or
27 solicitation for procurement is issued by only one respective house.
28 (c) The state governmental entity directly responsible for issuing
29 such posting, license or solicitation for procurement shall include a
30 notice of the prohibition established by this section and the state
31 governmental entity responsible for evaluating responses to such post-
32 ing, license or solicitation shall provide to any person, organization,
33 group of persons, or business entity that submits an application or a
34 proposal in response to such posting, license or solicitation a notice
35 of the prohibition established by this section and the restricted vendor
36 contribution period commencement date.
37 2. As used in this section, the following terms shall have the
38 following meanings:
39 (a) "Business entity" shall mean a business corporation, professional
40 services corporation, limited liability company, partnership, limited
41 partnership, business trust, association or any other legal commercial
42 entity organized under the laws of this state or any other state or
43 foreign jurisdiction, including any subsidiary directly or indirectly
44 controlled by the business entity, and any political organization,
45 including but not limited to any political organization organized under
46 section 527 of the internal revenue code, that is directly or indirectly
47 controlled by the business entity.
48 (b) "License" shall mean any activity respecting the grant, denial,
49 renewal, revocation, enforcement, suspension, annulment, withdrawal,
50 recall, cancellation or amendment of a license, permit or other form of
51 permission conferring the right or privilege to engage in any business
52 activity regulated by a regulatory agency that in the absence of such
53 license, permit or other form of permission would be prohibited but
S. 1510--B 6
1 shall not include any individual licenses for practicing a profession
2 prescribed in title eight of the education law, or routine licenses and
3 permits for individual privileges, including licenses for operating a
4 motor vehicle.
5 3. The restricted vendor contribution period described in this section
6 shall commence, with respect to a specific person, organization, group
7 of persons, or business entity when it files a statement of registration
8 pursuant to section one-e of the legislative law, or engages lobbying,
9 as defined by subdivision (c) of section one-c of the legislative law,
10 to generate a procurement opportunity or pilot program or submits an
11 application for a license or a bid, quotation, offer or response to the
12 state governmental entity posting or solicitation, at the earliest date
13 of application or posting, on a state governmental entity's website, in
14 a newspaper of general circulation or in the procurement opportunities
15 newsletter in accordance with article four-C of the economic development
16 law of written notice, advertisement or solicitation of a request for
17 proposal, invitation for bids, or solicitations of proposals, or any
18 other method provided for by law or regulation for soliciting a response
19 from offerers intending to result in a procurement contract or license
20 with a state governmental entity. The restricted vendor contribution
21 period does not apply to a person, organization, group of persons or
22 business entity that is responding to a state governmental entity's
23 request for information or other informational exchanges occurring prior
24 to such governmental entity's posting or solicitation for procurement
25 provided it has not filed a statement of registration pursuant to
26 section one-e of the legislative law or engaged in lobbying, as defined
27 by subdivision (c) of section one-c of the legislative law, to generate
28 a procurement opportunity or pilot program.
29 4. The restricted vendor contribution period described in this section
30 shall end with respect to a specific person, organization, group of
31 persons, or business entity if:
32 (a) the person, organization, group of persons, or business entity is
33 the recipient of the final contract or license award, the restricted
34 vendor contribution period shall end six months after the final contract
35 or license award and approval by the state governmental entity and,
36 where applicable, the state comptroller and if the person, organization,
37 group of persons or business entity does not lobby on the execution of
38 the contract or license after its award; or
39 (b) the person, organization, group of persons, or business entity is
40 not the recipient of the final contract award, the restricted vendor
41 contribution period shall end with the final contract or license award
42 and approval by the state governmental entity and, where applicable, the
43 state comptroller.
44 5. The restricted vendor contribution period shall recommence if a
45 person, organization, group of persons or business entity engages in
46 activity pursuant to subdivision three of this section.
47 § 2. Section 14-126 of the election law is amended by adding a new
48 subdivision 8 to read as follows:
49 8. (a) Any person, organization, group of persons, or business entity
50 as that term is used in section 14-131 of this article, who, under
51 circumstances evincing an intent to violate such law, makes a contrib-
52 ution in contravention of section 14-131 of this article shall be
53 subject to a civil penalty not to exceed the greater of ten thousand
54 dollars or an amount equal to two hundred percent of the contribution,
55 to be recoverable in a special proceeding or civil action to be brought
56 by the state board of elections chief enforcement counsel.
S. 1510--B 7
1 (b) Any person who, acting as or on behalf of an officeholder, candi-
2 date, or political committee, accepts a contribution or receives a
3 transfer in contravention of section 14-131 of this article shall be
4 required to refund such contribution.
5 § 3. This act shall take effect on the one hundred eightieth day after
6 it shall have become a law.
7 PART L
8 Intentionally Omitted
9 PART M
10 Section 1. Subdivision 6 of section 14-114 of the election law is
11 amended by adding a new paragraph c to read as follows:
12 c. Lobbyists, as defined by subdivision (a) of section one-c of the
13 legislative law or by subdivision (a) of section 3-211 of the adminis-
14 trative code of the city of New York, political action committees, labor
15 unions, and any person who has registered with the state board of
16 elections as an independent expenditure committee pursuant to subdivi-
17 sion three of section 14-107 of this article are prohibited from making
18 loans to candidates or political committees; provided, however, that a
19 lobbyist shall not be prohibited from making a loan to himself or
20 herself or to his or her own political committee when such lobbyist is a
21 candidate for office.
22 § 2. This act shall take effect immediately.
23 PART N
24 Section 1. Section 1-104 of the election law is amended by adding a
25 new subdivision 38 to read as follows:
26 38. "Computer generated registration list" means a printed or elec-
27 tronic list of voters in alphabetical order for a single election
28 district or poll site, generated from a computer registration file for
29 each election and containing for each voter listed, a facsimile of the
30 signature of the voter. Such a list may be in a single volume or in more
31 than one volume. The list may be utilized in place of registration poll
32 records, to establish a person's eligibility to vote in the polling
33 place on election day.
34 (a) The state board of elections shall promulgate minimum security
35 standards for any electronic device, and any network or system to which
36 the electronic device is connected, that is used to store or otherwise
37 access a computer generated registration list, and shall also promulgate
38 a list of devices that are approved for use. No local board of elections
39 shall be permitted to use such a device unless the state board of
40 elections has previously approved the device for use and has certified
41 that the network or system to which the electronic device is connected
42 is compliant with the minimum security standards.
43 (b) The minimum security standards for such devices shall be commensu-
44 rate with the level of security risk applicable to such devices and
45 shall specifically take into account any security risk associated with
46 voting equipment-related supply chains in addition to any other applica-
47 ble security risk.
48 (c) The state board of elections shall promulgate minimum redundancy
49 procedures to ensure a list of registration records is available that
50 provides necessary information in a compressed format to ensure voting
S. 1510--B 8
1 continues if the electronic computer generated registration system
2 becomes unavailable for any poll site or election district that utilizes
3 such an electronic computer generated registration list.
4 § 2. Subdivision 1 of section 4-128 of the election law, as amended by
5 chapter 125 of the laws of 2011, is amended to read as follows:
6 1. The board of elections of each county shall provide the requisite
7 number of official and facsimile ballots, two cards of instruction to
8 voters in the form prescribed by the state board of elections, at least
9 one copy of the instruction booklet for inspectors, a sufficient number
10 of maps, street finders or other descriptions of all of the polling
11 places and election districts within the political subdivision in which
12 the polling place is located to enable the election inspectors and poll
13 clerks to determine the correct election district and polling place for
14 each street address within the political subdivision in which the poll-
15 ing place is located, distance markers, tally sheets and return blanks,
16 pens, [black ink, or ball point pens with black ink,] pencils [having
17 black lead], or other appropriate marking devices, envelopes for the
18 ballots of voters whose registration poll records are not in the ledger
19 or whose names are not [on] in the computer generated registration list,
20 envelopes for returns, identification buttons, badges or emblems for the
21 inspectors and clerks in the form prescribed by the state board of
22 elections and such other articles of stationery as may be necessary for
23 the proper conduct of elections, except that when a town, city or
24 village holds an election not conducted by the board of elections, the
25 clerk of such town, city or village, shall provide such official and
26 facsimile ballots and the necessary blanks, supplies and stationery for
27 such election.
28 § 3. Subdivision c of section 4-132 of the election law, as amended by
29 chapter 164 of the laws of 1985, is amended to read as follows:
30 c. A booth or device in each election district for the use of voters
31 marking ballots. Such booth or device shall be so constructed as to
32 permit the voter to mark his or her ballot in secrecy and shall be
33 furnished at all times with [a pencil having black lead only] an appro-
34 priate marking device.
35 § 4. Section 4-134 of the election law, the section heading as amended
36 by chapter 373 of the laws of 1978, subdivisions 1 and 3 as amended by
37 chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425
38 of the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635
39 of the laws of 1990, is amended to read as follows:
40 § 4-134. Preparation and delivery of ballots, supplies and equipment
41 for use at elections. 1. The board of elections shall deliver, at its
42 office, to the clerk of each town or city in the county, except the
43 cities of New York, Buffalo and Rochester and to the clerk of each
44 village in the county in which elections are conducted by the board of
45 elections, by the Saturday before the primary, general, village or other
46 election for which they are required: the official and sample ballots;
47 ledgers prepared for delivery in the manner provided in subdivision two
48 of this section and containing the registration poll records of all
49 persons entitled to vote at such election in such town, city or village,
50 or computer generated registration lists containing the names of all
51 persons entitled to vote at such election in such town, city or village;
52 challenge reports prepared as directed by this chapter; sufficient
53 applications for registration by mail; sufficient ledger seals and other
54 supplies and equipment required by this article to be provided by the
55 board of elections for each polling place in such town, city or village.
56 The town, city or village clerk shall call at the office of such board
S. 1510--B 9
1 of elections at such time and receive such ballots, supplies and equip-
2 ment. In the cities of New York, Buffalo and Rochester the board of
3 elections shall cause such ballots, supplies and equipment to be deliv-
4 ered to the board of inspectors of each election district approximately
5 one-half hour before the opening of the polls for voting, and shall take
6 receipts therefor.
7 2. The board of elections shall provide for each election district a
8 ledger or ledgers containing the registration poll records or [printed]
9 lists with computer generated facsimile signatures, of all persons enti-
10 tled to vote in such election district at such election. Such ledgers
11 shall be labelled, sealed, locked and transported in locked carrying
12 cases. After leaving the board of elections no such carrying case shall
13 be unlocked except at the time and in the manner provided in this chap-
14 ter.
15 3. [Any envelope containing absentee voters' ballots on which the
16 blanks have not been properly filled in shall be stamped to indicate the
17 defect and shall be preserved by the board for at least one year after
18 the receipt thereof.
19 4.] Each kind of official ballot shall be arranged in a package in the
20 consecutive order of the numbers printed on the stubs thereof beginning
21 with number one. All official and sample ballots for each election
22 district shall be in separate sealed packages, clearly marked on the
23 outside thereof, with the number and kind of ballots contained therein
24 and indorsed with the designation of the election district for which
25 they were prepared. The other supplies provided for each election
26 district also shall be [inclosed] enclosed in a sealed package, or pack-
27 ages, with a label on the outside thereof showing the contents of each
28 package.
29 [5. Each town, city and village clerk receiving such packages shall
30 cause all] 4. All such packages so received and marked for any election
31 district [to] shall be delivered unopened and with the seals thereof
32 unbroken to the inspectors of election of such election districts at
33 least [one-half] one hour before the opening of the polls of such
34 election therein, [and] who shall [take] give a receipt therefor speci-
35 fying the number and kind of packages delivered. [At the same time each
36 such clerk shall cause to be delivered to such inspectors the equipment
37 described in subdivision two of this section and shall cause a receipt
38 to be taken therefor.
39 6.] 5. Town, city and village clerks required to provide official and
40 sample ballots, registration records, seals, supplies and equipment, as
41 described in this section, for town, city and village elections not
42 conducted by the board of elections, shall in like manner, deliver them
43 to the inspectors or presiding officers of the election at each polling
44 place at which such meetings and elections are held, respectively, in
45 like sealed packages marked on the outside in like manner, and shall
46 take receipts therefor in like manner.
47 § 5. Subdivision 1 of section 5-302 of the election law, as separately
48 amended by chapter 164 and chapter 558 of the laws of 1985, is amended
49 to read as follows:
50 1. Before placing the registration poll record in the poll ledger or
51 in the computer generated registration list, the board shall enter in
52 the space provided therefor [on the back of such registration poll
53 record] the name of the party designated by the voter on his application
54 form, provided such party continues to be a party as defined in this
55 law. If such party ceases to be a party at any time, either before or
56 after such enrollment is so entered, the enrollment of such voter shall
S. 1510--B 10
1 be deemed to be blank and shall be entered as such until such voter
2 files an application for change of enrollment pursuant to the provisions
3 of this chapter. [In the city of New York the board shall also affix a
4 gummed sticker of a different color for each party in a place on such
5 registration poll record immediately adjacent to such entry.] The board
6 shall enter the date of such entry and affix initials thereto in the
7 space provided.
8 § 6. Paragraph c of subdivision 3 of section 5-506 of the election
9 law, as amended by chapter 659 of the laws of 1994, is amended to read
10 as follows:
11 c. The computer generated registration list prepared for each election
12 in each election district shall be [printed by a printer] prepared in a
13 manner which meets or exceeds standards for clarity and speed of
14 [reproduction] production established by the state board of elections,
15 shall be in a form approved by such board, shall include the names of
16 all voters eligible to vote in such election and shall be in alphabet-
17 ical order, except that, at a primary election, the names of the voters
18 enrolled in each political party may be placed in a separate part of the
19 list or in a separate list, as the board of elections in its discretion,
20 may determine. Such list shall contain, adjacent to each voter's name,
21 or in a space so designated, at least the following: street address,
22 date of birth, party enrollment, year of registration, a computer
23 reproduced facsimile of the voter's signature or an indication that the
24 voter is unable to sign his name, a place for the voter to sign his name
25 at such election and a place for the inspectors to mark the voting
26 machine number, the public counter number [and] if any, or the number of
27 any paper ballots given the voter.
28 § 7. Subdivision 2 of section 8-202 of the election law, as amended by
29 chapter 164 of the laws of 2010, is amended to read as follows:
30 2. The exterior of any ballot scanner, ballot marking device and
31 privacy booth and every part of the polling place shall be in plain view
32 of the election inspectors and watchers. The ballot scanners, ballot
33 marking devices, and privacy booths shall be placed at least four feet
34 from the table used by the inspectors in charge of the poll [books]
35 ledger or computer generated registration list. The guard-rail shall be
36 at least three feet from the machine and the table used by the inspec-
37 tors. The election inspectors shall not themselves be, or allow any
38 other person to be, in any position or near any position, that will
39 permit one to see or ascertain how a voter votes, or how he or she has
40 voted nor shall they permit any other person to be less than three feet
41 from the ballot scanner, ballot marking device, or privacy booth while
42 occupied. The election inspectors or clerks attending the ballot scan-
43 ner, ballot marking device, or privacy booth shall regularly inspect the
44 face of the ballot scanner, ballot marking device, or the interior of
45 the privacy booth to see that the ballot scanner, ballot marking device,
46 or privacy booth has not been damaged or tampered with. During elections
47 the door or other covering of the counter compartment of the machine
48 shall not be unlocked or opened except by a member of the board of
49 elections, a voting machine custodian or any other person upon the
50 specific instructions of the board of elections.
51 § 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the election
52 law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi-
53 visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open-
54 ing paragraph of paragraph (e) of subdivision 3 as amended by chapter
55 125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi-
S. 1510--B 11
1 vision 3 as separately amended by chapters 3 and 6 of the laws of 2019,
2 are amended to read as follows:
3 2. The voter shall give [his] the voter's name and [his] the voter's
4 residence address to the inspectors. An inspector shall then loudly and
5 distinctly announce the name and residence of the voter.
6 2-a. (a) If a voter's name appears in the ledger or computer generated
7 registration list with a notation indicating that the voter's identity
8 was not yet verified as required by the federal Help America Vote Act,
9 the inspector shall require that the voter produce one of the following
10 types of identification before permitting the voter to cast his or her
11 vote on the voting machine:
12 (i) a driver's license or department of motor vehicles non-driver
13 photo ID card or other current and valid photo identification;
14 (ii) a copy of a current utility bill, bank statement, government
15 check, paycheck or other government document that shows the name and
16 address of the voter.
17 (b) If the voter produces an identification document listed in para-
18 graph (a) of this subdivision, the inspector shall indicate so in the
19 ledger or computer generated registration list, the voter will be deemed
20 verified as required by the federal Help America Vote Act and the voter
21 shall be permitted to cast his or her vote on the voting machine.
22 (c) If the voter does not produce an identification document listed in
23 paragraph (a) of this subdivision, the voter shall only be entitled to
24 vote by affidavit ballot unless a court order provides otherwise.
25 3. (a) If an applicant is challenged, the board, without delay, shall
26 either enter his name in the second section of the challenge report
27 together with the other entries required to be made in such section
28 opposite the applicant's name or make an entry next to [his] the voter's
29 name [on] in the computer generated registration list or in the place
30 provided [at the end of] in the computer generated registration list.
31 (b) A person who claims to have moved to a new address within the
32 election district in which he or she is registered to vote shall be
33 permitted to vote in the same manner as other voters unless challenged
34 on other grounds. The inspectors shall enter the names and new addresses
35 of all such persons in either the first section of the challenge report
36 or in the place provided [at the end of] in the computer generated
37 registration list and shall also enter the new address next to such
38 person's address on such computer generated registration list. When the
39 registration poll records of persons who have voted from new addresses
40 within the same election district are returned to the board of
41 elections, such board shall change the addresses on the face of such
42 registration poll records without completely obliterating the old
43 addresses and shall enter such new addresses and the new addresses for
44 any such persons whose names were [on] in computer generated registra-
45 tion lists into its computer records for such persons.
46 (c) A person who claims a changed name shall be permitted to vote in
47 the same manner as other voters unless challenged on other grounds. The
48 inspectors shall either enter the names of all such persons in the first
49 section of the challenge report or in the place provided [at the end of]
50 in the computer generated registration list, in the form in which they
51 are registered, followed in parentheses by the name as changed or enter
52 the name as changed next to such voter's name on the computer generated
53 registration list. The voter shall sign first on the registration poll
54 record or [on] in the computer generated registration list, the name
55 under which the voter is registered and, immediately above it, the new
56 name, provided that [on] in such [a computer generated] registration
S. 1510--B 12
1 list, the new name may be signed in the place provided [at the end of
2 such list]. When the registration poll record of a person who has voted
3 under a new name is returned to the board of elections, such board shall
4 change [his] the voter's name on the face of each [of his] registration
5 [records] record without completely obliterating the old one, and there-
6 after such person shall vote only under his or her new name. If a voter
7 has signed a new name [on] in a computer generated registration list,
8 such board shall enter such voter's new name and new signature in such
9 voter's computer record.
10 (d) If an applicant requests assistance in voting and qualifies there-
11 for, the board shall provide assistance as directed by this chapter, and
12 shall without delay either enter such applicant's name and the other
13 entries required in the third section of the challenge report or make an
14 entry next to such applicant's name [on] in the computer generated
15 registration list or in the place provided [at the end of the computer
16 generated] in such registration list.
17 (e) Whenever a voter presents himself or herself and offers to cast a
18 ballot, and he or she claims to live in the election district in which
19 he or she seeks to vote but no registration poll record can be found for
20 him or her in the poll ledger or his or her name does not appear [on] in
21 the computer generated registration list or his or her signature does
22 not appear next to his or her name [on] in such [computer generated]
23 registration list or his or her registration poll record or the computer
24 generated registration list does not show him or her to be enrolled in
25 the party in which he or she claims to be enrolled, a poll clerk or
26 election inspector shall consult a map, street finder or other
27 description of all of the polling places and election districts within
28 the political subdivision in which said election district is located and
29 if necessary, contact the board of elections to obtain the relevant
30 information and advise the voter of the correct polling place and
31 election district for the residence address provided by the voter to
32 such poll clerk or election inspector. Thereafter, such voter shall be
33 permitted to vote in said election district only as hereinafter
34 provided:
35 (i) He or she may present a court order requiring that he or she be
36 permitted to vote. At a primary election, such a court order must speci-
37 fy the party in which the voter is permitted to vote. [He] The voter
38 shall be required to sign [his] their full name on top of the first page
39 of such order, together with [his] the voter's registration serial
40 number, if any, and [his] the voter's name and the other entries
41 required shall then be entered without delay in the fourth section of
42 the challenge report or in the place provided [at the end of] in the
43 computer generated registration list, or, if such person's name appears
44 on [the computer generated] such registration list, the board of
45 elections may provide a place to make such entry next to his or her name
46 on such list. The voter shall then be permitted to vote in the manner
47 otherwise prescribed for voters whose registration poll records are
48 found in the ledger or whose names are found on the computer generated
49 registration list; or
50 (ii) He or she may swear to and subscribe an affidavit stating that he
51 or she has duly registered to vote, the address in such election
52 district from which he or she registered, that he or she remains a duly
53 qualified voter in such election district, that his or her registration
54 poll record appears to be lost or misplaced or that his or her name
55 and/or his or her signature was omitted from the computer generated
56 registration list or such record indicates the voter already voted when
S. 1510--B 13
1 he or she did not do so or that he or she has moved within New York
2 state since he or she last registered, the address from which he or she
3 was previously registered and the address at which he or she currently
4 resides, and at a primary election, the party in which he or she is
5 enrolled. The inspectors of election shall offer such an affidavit to
6 each such voter whose residence address is in such election district.
7 Each such affidavit shall be in a form prescribed by the state board of
8 elections, shall be printed on an envelope of the size and quality used
9 for an absentee ballot envelope, and shall contain an acknowledgment
10 that the affiant understands that any false statement made therein is
11 perjury punishable according to law. Such form prescribed by the state
12 board of elections shall request information required to register such
13 voter should the county board determine that such voter is not regis-
14 tered and shall constitute an application to register to vote. The
15 voter's name and the entries required shall then be entered without
16 delay and without further inquiry in the fourth section of the challenge
17 report or in the place provided [at the end of] in the computer gener-
18 ated registration list, with the notation that the voter has executed
19 the affidavit hereinabove prescribed, or, if such person's name appears
20 [on the computer generated] in such registration list, the board of
21 elections may provide a place to make such entry next to his or her name
22 [on] in such list. The voter shall then, without further inquiry, be
23 permitted to vote an affidavit ballot provided for by this chapter. Such
24 ballot shall thereupon be placed in the envelope containing his or her
25 affidavit, and the envelope sealed and returned to the board of
26 elections in the manner provided by this chapter for protested official
27 ballots, including a statement of the number of such ballots.
28 4. At a primary election, a voter whose registration poll record is in
29 the ledger or computer generated registration list shall be permitted to
30 vote only in the primary of the party in which such record shows [him]
31 the voter to be enrolled unless [he] the voter shall present a court
32 order pursuant to the provisions of subparagraph (i) of paragraph (e) of
33 subdivision three of this section requiring that [he] the voter be
34 permitted to vote in the primary of another party, or unless [he] the
35 voter shall present a certificate of enrollment issued by the board of
36 elections, not earlier than one month before such primary election,
37 pursuant to the provisions of this chapter which certifies that [he] the
38 voter is enrolled in a party other than the one in which such record
39 shows [him] the voter to be enrolled, or unless he or she shall
40 subscribe an affidavit pursuant to the provisions of subparagraph (ii)
41 of paragraph (e) of subdivision three of this section.
42 5. Except for voters unable to sign their names, no person shall be
43 permitted to vote without first identifying himself or herself as
44 required by this chapter.
45 § 9. Subdivisions 1, 2 and 3 of section 8-304 of the election law,
46 subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986, are
47 amended to read as follows:
48 1. A person before being allowed to vote shall be required, except as
49 provided in this chapter, to sign his or her name on the back of his or
50 her registration poll record on the first line reserved for his or her
51 signature at the time of election which is not filled with a previous
52 signature, or [on the line of] in the space provided in the computer
53 generated registration list reserved for [his] the voter's signature.
54 The two inspectors in charge shall satisfy themselves by a comparison of
55 this signature with [his] the voter's registration signature and by
56 comparison of [his] the voter's appearance with the descriptive material
S. 1510--B 14
1 on the face of the registration poll record that [he] the voter is the
2 person registered. If they are so satisfied they shall enter the other
3 information required for the election on the same line with the voter's
4 latest signature, shall sign their names or initials in the spaces
5 provided therefor, and shall permit the applicant to vote. Any inspector
6 or inspectors not satisfied shall challenge the applicant forthwith.
7 2. If a person who alleges [his] an inability to sign his or her name
8 presents himself or herself to vote, the board of inspectors shall
9 permit [him] such person to vote, unless challenged on other grounds,
10 provided [he] the voter had been permitted to register without signing
11 [his] the voter's name. The board shall enter the words "Unable to Sign"
12 in the space on [his] the voter's registration poll record reserved for
13 [his] the voter's signature or on the line [of] or space the computer
14 generated registration list reserved for [his] the voter's signature at
15 such election. If [his] the voter's signature appears upon [his] the
16 voter's registration record or [upon] in the computer generated regis-
17 tration list the board shall challenge [him] the voter forthwith, except
18 that if such a person claims that he or she is unable to sign his or her
19 name by reason of a physical disability incurred since [his] the voter's
20 registration, the board, if convinced of the existence of such disabili-
21 ty, shall permit him or her to vote, shall enter the words "Unable to
22 Sign" and a brief description of such disability in the space reserved
23 for [his] the voter's signature at such election. At each subsequent
24 election, if such disability still exists, [he] the voter shall be enti-
25 tled to vote without signing [his] their name and the board of inspec-
26 tors, without further notation, shall enter the words "Unable to Sign"
27 in the space reserved for [his] the voter's signature at such election.
28 3. The voter's facsimile signature [made by him upon registration and
29 his signature made at subsequent elections] shall be effectively
30 concealed from the voter by a blotter or [piece of opaque paper] other
31 means until after the voter shall have completed [his] the signature.
32 § 10. Subdivision 3 of section 8-306 of the election law, as amended
33 by chapter 154 of the laws of 1991, is amended to read as follows:
34 3. Any voter who requires assistance to vote by reason of blindness,
35 disability or inability to read or write may be given assistance by a
36 person of the voter's choice, other than the voter's employer or agent
37 of the employer or officer or agent of the voter's union. A voter enti-
38 tled to assistance in voting who does not select a particular person may
39 be assisted by two election inspectors not of the same political faith.
40 The inspectors or person assisting a voter shall enter the voting
41 machine or booth with [him] the voter, help [him] the voter in the prep-
42 aration of [his] the voter's ballot and, if necessary, in the return of
43 the voted ballot to the inspectors for deposit in the ballot box. The
44 inspectors shall enter in the [remarks space on the registration poll
45 card of an assisted voter, or next to the name of] space provided for
46 such voter [on] in the computer generated registration list, the name of
47 each officer or person rendering such assistance.
48 § 11. Subdivision 2 of section 8-508 of the election law, as amended
49 by chapter 200 of the laws of 1996, paragraph (b) as amended by chapter
50 6 of the laws of 2019, is amended to read as follows:
51 2. (a) The first section of such report shall be reserved for the
52 inspectors of election to enter the name, address and registration seri-
53 al number of each person who claims a change in name, or a change of
54 address within the election district, together with the new name or
55 address of each such person. In lieu of preparing section one of the
56 challenge list, the board of elections may provide, next to the name of
S. 1510--B 15
1 each voter [on] in the computer generated registration list, a place for
2 the inspectors of election to record the information required to be
3 entered in such section one, or provide [at the end of such computer
4 generated] elsewhere in such registration list, a place for the inspec-
5 tors of election to enter such information.
6 (b) The second section of such report shall be reserved for the board
7 of inspectors to enter the name, address and registration serial number
8 of each person who is challenged at the time of voting together with the
9 reason for the challenge. If no voters are challenged, the board of
10 inspectors shall enter the words "No Challenges" across the space
11 reserved for such names. In lieu of preparing section two of the chal-
12 lenge report, the board of elections may provide, next to the name of
13 each voter [on] in the computer generated registration list, a place for
14 the inspectors of election to record the information required to be
15 entered in such section two, or provide [at the end of such computer
16 generated] elsewhere in such registration list, a place for the inspec-
17 tors of election to enter such information.
18 (c) The third section of such report shall be reserved for the board
19 of inspectors to enter the name, address and registration serial number
20 of each voter given assistance, together with the reason the voter was
21 allowed assistance, the name of the person giving such assistance and
22 his address if not an inspector. If no voters are given assistance, the
23 board of inspectors shall enter the words "No Assistance" across the
24 space reserved for such names. In lieu of providing section three of the
25 challenge report, the board of elections may provide, next to the name
26 of each voter [on] in the computer generated registration list, a place
27 for the inspectors of election to record the information required to be
28 entered in such section three, or provide [at the end of such computer
29 generated] elsewhere in such registration list, a place for the inspec-
30 tors of election to enter such information.
31 (d) The fourth section of such report shall be reserved for the board
32 of inspectors to enter the name, address and registration serial number
33 of each person who was permitted to vote pursuant to a court order, or
34 to vote on a paper ballot which was inserted in an affidavit envelope.
35 If there are no such names, such board shall enter the word "None"
36 across the space provided for such names. In lieu of providing section
37 four of such report, the board of elections may provide, next to the
38 name of each voter [on] in the computer generated registration list, a
39 place for the inspectors of election to record the information required
40 to be entered in such section four, or provide [at the end of the
41 computer generated] elsewhere in such registration list, a place for the
42 inspectors of election to enter such information.
43 (e) At the foot of such report [and] or at the end of any such comput-
44 er generated registration list, if applicable, shall be [printed] a
45 certificate that such report or list contains the names of all persons
46 who were challenged on the day of election, and that each voter so
47 reported as having been challenged took the oaths as required, that such
48 report or list contains the names of all voters to whom such board gave
49 or allowed assistance and lists the nature of the disability which
50 required such assistance to be given and the names and family relation-
51 ship, if any, to the voter of the persons by whom such assistance was
52 rendered; that each such assisted voter informed such board under oath
53 that he required such assistance and that each person rendering such
54 assistance took the required oath; that such report or list contains the
55 names of all voters who were permitted to vote although their registra-
56 tion poll records were missing; that the entries made by such board are
S. 1510--B 16
1 a true and accurate record of its proceedings with respect to the
2 persons named in such report or list.
3 (f) Upon the return of such report [and] or lists to the board of
4 elections, it shall complete the investigation of voting qualifications
5 of all persons named in the second section thereof or for whom entries
6 were placed [on] in such computer generated registration lists in lieu
7 of the preparation of the second section of the challenge report, and
8 shall forthwith proceed to cancel the registration of any person who, as
9 noted upon such report, or in such list, was challenged at such election
10 and refused either to take a challenge oath or to answer any challenge
11 question.
12 (g) The state board of elections shall prescribe a form of challenge
13 report for use pursuant to the provisions of this section. Such form may
14 require the insertion of such other information as the state board shall
15 deem appropriate.
16 § 12. Section 8-510 of the election law, the section heading as
17 amended by chapter 373 of the laws of 1978, subdivision 1 as amended by
18 chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter
19 43 of the laws of 1988, is amended to read as follows:
20 § 8-510. Challenge report; completion of and [closing of registration
21 poll ledgers] procedure after. 1. Immediately after the close of the
22 polls the board of inspectors of election shall verify the entries which
23 it has made on the challenge report or [at the end of the] in the spaces
24 provided in the computer generated registration list by comparing such
25 entries with the information appearing on the registration poll records
26 of the affected voters or the information appearing [next to the names
27 of such voters on] in the spaces provided in the computer generated
28 registration list. If it has made no entries in section two, three or
29 four of such report it shall write across or note in such section the
30 words "No challenges", "No assistance" or "None", as the case may be, as
31 directed in this chapter.
32 2. After completing such report the inspectors shall sign [the] a
33 certificate [at the end of] in the spaces provided by the county board
34 of elections for such report.
35 3. The inspectors shall place such completed report, and each court
36 order, if any, directing that a person be permitted to vote, [inside a]
37 in the secure container provided by the county board of elections for
38 such ledger of registration records or computer generated registration
39 lists [between the front cover, and the first registration record] and
40 then shall close and seal each ledger of registration records or comput-
41 er generated registration lists, [affix their signature to the seal,]
42 lock such ledger in the carrying case furnished for that purpose and
43 enclose the keys in a sealed package or seal such list in the envelope
44 provided for that purpose.
45 § 13. Clauses (C) and (D) of subparagraph (i) of paragraph (a) of
46 subdivision 2 of section 9-209 of the election law, as amended by chap-
47 ter 308 of the laws of 2011, are amended to read as follows:
48 (C) If such person is found to be registered and has not voted in
49 person, an inspector shall compare the signature, if any, on each envel-
50 ope with the signature, if any, on the registration poll record, the
51 computer generated list of registered voters or the list of special
52 presidential voters, of the person of the same name who registered from
53 the same address. If the signatures are found to correspond, such
54 inspector shall certify thereto by [signing] placing his or her initials
55 in the ["Inspector's Initials" line on the] space provided in the
S. 1510--B 17
1 computer generated list of registered voters [or in the "remarks" column
2 as appropriate].
3 (D) If such person is found to be registered and has not voted in
4 person, and if no challenge is made, or if a challenge made is not
5 sustained, the envelope shall be opened, the ballot or ballots withdrawn
6 without unfolding, and the ballot or ballots deposited in the proper
7 ballot box or boxes, or envelopes, provided however that, in the case of
8 a primary election, the ballot shall be deposited in the box only if the
9 ballot is of the party with which the voter is enrolled according to the
10 entry on the back of his or her registration poll record or [next to his
11 or her name on] in the computer generated registration list; if not, the
12 ballot shall be rejected without inspection or unfolding and shall be
13 returned to the envelope which shall be endorsed "not enrolled." At the
14 time of the deposit of such ballot or ballots in the box or envelopes,
15 the inspectors shall enter the words "absentee vote" or "military vote"
16 in the space reserved for the voter's signature on the aforesaid list or
17 in the "remarks" [column] space as appropriate, and shall enter the year
18 and month of the election on the same line in the spaces provided there-
19 for.
20 § 14. Subdivision 4 of section 11-206 of the election law, as amended
21 by chapter 91 of the laws of 1992, is amended to read as follows:
22 4. The registration poll records of special federal voters shall be
23 filed, in alphabetical order, by election district. At each election at
24 which [the ballots of] special federal voters are [delivered to the
25 inspectors of election in each election district] eligible to vote, the
26 registration poll records of all special federal voters [eligible to
27 vote at such election] shall be delivered to such inspectors of election
28 together with the other registration poll records or the names of such
29 voters shall be included [on] in the computer generated registration
30 list. Such records shall be delivered either in a separate poll ledger
31 or a separate, clearly marked section, of the main poll ledger or [in a
32 separate,] be clearly marked[, section of] in the computer generated
33 registration list as the board of elections shall determine.
34 § 15. This act shall take effect immediately; provided, however, that
35 the amendments to subparagraph (ii) of paragraph (e) of subdivision 3 of
36 section 8-302 of the election law made by section eight of this act
37 shall take effect on the same date and in the same manner as chapter 3
38 of the laws of 2019, takes effect.
39 PART O
40 Intentionally Omitted
41 PART P
42 Intentionally Omitted
43 PART Q
44 Intentionally Omitted
45 PART R
46 Intentionally Omitted
47 PART S
S. 1510--B 18
1 Intentionally Omitted
2 PART T
3 Intentionally Omitted
4 PART U
5 Intentionally Omitted
6 PART V
7 Section 1. Subdivision 1 of section 94 of the executive law, as
8 amended by section 6 of part A of chapter 399 of the laws of 2011, is
9 amended to read as follows:
10 1. There is established within the department of state a joint commis-
11 sion on public ethics which shall consist of fourteen members and shall
12 have and exercise the powers and duties set forth in this section with
13 respect to statewide elected officials, members of the legislature and
14 employees of the legislature, and state officers and employees, as
15 defined in sections seventy-three and seventy-three-a of the public
16 officers law, candidates for statewide elected office and for the senate
17 or assembly, and the political party chairman as that term is defined in
18 section seventy-three-a of the public officers law, lobbyists and the
19 clients of lobbyists as such terms are defined in article one-A of the
20 legislative law, and individuals who have formerly held such positions,
21 were lobbyists or clients of lobbyists, as such terms are defined in
22 article one-A of the legislative law, or who have formerly been such
23 candidates. The commission shall also have and exercise the powers set
24 forth in this section with respect to covered municipal officers as such
25 term is defined in section eight hundred ten of the general municipal
26 law, provided, however, that the jurisdiction of the joint commission on
27 public ethics with respect to such covered municipal officers shall be
28 limited to the provisions of this section relating to the filing of
29 accurate annual statements of financial disclosure, and provided,
30 further, if the commission has a reasonable basis to believe that there
31 are ethical or legal issues outside its jurisdiction, but related to the
32 annual statement of financial disclosure, such issues shall be referred
33 to the appropriate body as defined in section eight hundred ten of the
34 general municipal law or the district attorney from the county where the
35 municipal corporation is located. This section shall not be deemed to
36 have revoked or rescinded any regulations or advisory opinions issued by
37 the legislative ethics commission, the commission on public integrity,
38 the state ethics commission and the temporary lobbying commission in
39 effect upon the effective date of chapter fourteen of the laws of two
40 thousand seven which amended this section to the extent that such regu-
41 lations or opinions are not inconsistent with any law of the state of
42 New York, but such regulations and opinions shall apply only to matters
43 over which such commissions had jurisdiction at the time such regu-
44 lations and opinions were promulgated or issued. The commission shall
45 undertake a comprehensive review of all such regulations and opinions,
46 which will address the consistency of such regulations and opinions
47 among each other and with the new statutory language, and of the effec-
48 tiveness of the existing laws, regulations, guidance and ethics enforce-
49 ment structure to address the ethics of covered public officials and
50 related parties. Such review shall be conducted with the legislative
S. 1510--B 19
1 ethics commission and, to the extent possible, the report's findings
2 shall reflect the full input and deliberations of both commissions after
3 joint consultation. The commission shall, before February first, two
4 thousand fifteen, report to the governor and legislature regarding such
5 review and shall propose any regulatory or statutory changes and issue
6 any advisory opinions necessitated by such review.
7 § 2. Subparagraph 1 of paragraph (a) of subdivision 19 of section 94
8 of the executive law, as amended by section 6 of part A of chapter 399
9 of the laws of 2011, is amended to read as follows:
10 (1) the information set forth in an annual statement of financial
11 disclosure filed pursuant to section seventy-three-a of the public offi-
12 cers law and pursuant to subdivision three of section eight hundred
13 eleven and subdivision one of section eight hundred twelve of the gener-
14 al municipal law, except information deleted pursuant to paragraph (h)
15 of subdivision nine of this section;
16 § 3. Section 810 of the general municipal law is amended by adding a
17 new subdivision 13 to read as follows:
18 13. "Covered municipal officer" means (a) any individual elected to
19 serve the government of any municipal corporation who receives compen-
20 sation of fifty thousand dollars or more annually from such municipal
21 corporation as well as (b) any individual who is either elected or
22 appointed to serve as county executive, county manager, or chair of the
23 county board of supervisors.
24 § 4. Section 811 of the general municipal law is amended by adding a
25 new subdivision 3 to read as follows:
26 3. (a) Notwithstanding any local law, ordinance, or resolution provid-
27 ing for the annual filing of an annual statement of financial disclo-
28 sure, a covered municipal officer shall be required to file the annual
29 statement of financial disclosure set forth in section seventy-three-a
30 of the public officers law with the joint commission on public ethics,
31 provided, however a covered municipal officer may satisfy the filing
32 requirements of this subdivision by filing a copy of the statement of
33 financial disclosure filed pursuant to paragraph (a) or (a-1) of subdi-
34 vision one of this section with the joint commission on public ethics on
35 or before the filing deadline provided in section seventy-three-a of the
36 public officers law, if such statement of financial disclosure filed
37 pursuant to paragraph (a) or (a-1) of subdivision one of this section
38 has been authorized by the joint commission on public ethics pursuant to
39 paragraph (b) of this subdivision.
40 (b) The governing body of each municipal corporation may adopt a
41 resolution to request authorization from the joint commission on public
42 ethics for its covered municipal officers to file with the joint commis-
43 sion on public ethics a copy of the annual statement of financial
44 disclosure filed pursuant to paragraph (a) or (a-1) of subdivision one
45 of this section to satisfy the filing requirements of a covered munici-
46 pal officer of paragraph (a) of this subdivision. The joint commission
47 on public ethics shall promptly make a determination in response to each
48 request, which shall include an explanation for its determination. If
49 authorization is denied, the municipal corporation may amend its request
50 and resubmit.
51 (c) The governing body of each municipal corporation may adopt a local
52 law, ordinance, or resolution authorizing its covered municipal officers
53 to satisfy the filing requirements of paragraph (a) or (a-1) of subdivi-
54 sion one of this section by filing a copy of the annual statement of
55 financial disclosure as set forth in section seventy-three-a of the
S. 1510--B 20
1 public officers law filed pursuant to paragraph (a) of this subdivision
2 with the appropriate body.
3 § 5. Subdivision 1 of section 812 of the general municipal law is
4 amended by adding a new paragraph (j) to read as follows:
5 (j) A covered municipal officer shall be required to file the annual
6 statement of financial disclosure set forth in section seventy-three-a
7 of the public officers law with the joint commission on public ethics. A
8 covered municipal officer may satisfy the filing requirements of para-
9 graph (a) of this subdivision by filing a copy of the annual statement
10 of financial disclosure filed pursuant to this paragraph with the appro-
11 priate body.
12 § 6. This act shall take effect January 1, 2021.
13 PART W
14 Intentionally Omitted
15 PART X
16 Intentionally Omitted
17 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
18 sion, section or part of this act shall be adjudged by any court of
19 competent jurisdiction to be invalid, such judgment shall not affect,
20 impair, or invalidate the remainder thereof, but shall be confined in
21 its operation to the clause, sentence, paragraph, subdivision, section
22 or part thereof directly involved in the controversy in which such judg-
23 ment shall have been rendered. It is hereby declared to be the intent of
24 the legislature that this act would have been enacted even if such
25 invalid provisions had not been included herein.
26 § 3. This act shall take effect immediately provided, however, that
27 the applicable effective date of Parts A through X of this act shall be
28 as specifically set forth in the last section of such Parts.