Establishes a code of ethics for all board of election employees so that no employee of a board of election should have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his or her duties in the public interest.
STATE OF NEW YORK
________________________________________________________________________
2100--A
2023-2024 Regular Sessions
IN SENATE
January 18, 2023
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the election law, in relation to establishing a code of
ethics for all 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 3-201
2 to read as follows:
3 § 3-201. Boards of elections; employee code of ethics. 1. Definition.
4 As used in this section the term "board of elections employee" shall
5 mean any permanent full-time employee of a board of elections.
6 2. Rule with respect to conflicts of interest. No board of elections
7 employee should have any interest, financial or otherwise, direct or
8 indirect, or engage in any business or transaction or professional
9 activity or incur any obligation of any nature, which is in substantial
10 conflict with the proper discharge of their duties in the public inter-
11 est.
12 3. Standards. (a) No board of elections employee should accept other
13 employment which will impair their independence of judgment in the exer-
14 cise of their official duties, including but not limited to, receiving
15 compensation or other forms of payment from a campaign or political
16 campaign account for non-governmental political work.
17 (b) No board of elections employee should use or attempt to use their
18 official position to secure unwarranted privileges or exemptions for
19 themselves or others, including but not limited to, the misappropriation
20 to themselves or to others, of the property, services or other resources
21 of the state for private business or other compensated non-governmental
22 purposes.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06393-03-3
S. 2100--A 2
1 (c) A board of elections employee should not, by their conduct, give
2 reasonable basis for the impression that any person can improperly
3 influence such employee or unduly enjoy their favor in the performance
4 of their official duties, or that they are affected by the kinship,
5 rank, position or influence of any party or person.
6 (d) A board of elections employee should abstain from making personal
7 investments in enterprises which they have reason to believe may be
8 directly involved in decisions to be made by the employee or which will
9 otherwise create substantial conflict between their duty in the public
10 interest and their private interest.
11 (e) A board of elections employee should endeavor to pursue a course
12 of conduct which will not raise suspicion among the public that they are
13 likely to be engaged in acts that are in violation of their trust.
14 4. Violations. In addition to any penalty contained in any other
15 provision of law, any such board of elections employee who shall know-
16 ingly and intentionally violate any of the provisions of this section
17 may be fined, suspended or removed from office or employment in the
18 manner provided by law.
19 (a) Any such employee who knowingly and intentionally violates the
20 provisions of paragraph (b), (c) or (d) of subdivision three of this
21 section shall be subject to a civil penalty in an amount not to exceed
22 ten thousand dollars plus the value of any gift, compensation or benefit
23 received as a result of such violation.
24 (b) Any such employee who knowingly and intentionally violates the
25 provisions of paragraph (a) or (e) of subdivision three of this section
26 shall be subject to a civil penalty in an amount not to exceed the value
27 of any gift, compensation or benefit received as a result of such
28 violation.
29 § 2. This act shall take effect on the sixtieth day after it shall
30 have become a law.