Makes reforms to the New York city board of elections by decreasing members to five; provides that two shall be appointed by the speaker of the city council, two appointed by the NYC mayor and one appointed by both; provides for three year terms; limits such service to four terms; provides that members shall not hold public office or participate in another candidate's campaign; restricts financial contributions to candidates.
STATE OF NEW YORK
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7847
IN SENATE
September 14, 2012
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Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the election law, in relation to creating the "Help New
York Vote act" for reforming the New York city board of elections
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act may be known as and may be cited as the "Help New
2 York Vote act".
3 § 2. Subdivisions 3 and 4 of section 3-200 of the election law, subdi-
4 vision 4 as amended by chapter 195 of the laws of 2003, are amended and
5 three new subdivisions 8, 9 and 10 are added to read as follows:
6 3. In the city of New York the board shall consist of [ten] five
7 commissioners of election who shall be registered voters in the county
8 for which they are appointed [and they]. Two shall be appointed by the
9 speaker of the city council of the city of New York, two shall be
10 appointed by the New York city mayor and one shall be appointed jointly
11 by the speaker of the city council of the city of New York and the New
12 York city mayor. [Not more than two commissioners shall be registered
13 voters of the same county.] The two members appointed by the speaker of
14 the city council of the city of New York shall not be registered in the
15 same political party. The two members appointed by the New York city
16 mayor shall not be registered in the same political party. The member
17 appointed jointly by the speaker of the city council of the city of New
18 York and the New York city mayor shall serve as the chairperson, and
19 shall be registered to a different political party than the member
20 previously appointed jointly by the speaker of the city council of the
21 city of New York and the New York city mayor.
22 4. No person shall be appointed as election commissioner or continue
23 to hold office who is not a registered voter in the county and not an
24 enrolled member of the party recommending his appointment, or who holds
25 any other public office, except that of commissioner of deeds, notary
26 public, village officer, city or town justice, [member of a community
27 board within the city of New York] or trustee or officer of a school
28 district outside of a city. No person shall be appointed as election
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16453-03-2
S. 7847 2
1 commissioner in the city of New York who is an officer in a political
2 party, employee of the city of New York or an agency thereof, is a
3 lobbyist required to file a statement of registration or be employed by
4 a lobbyist.
5 8. An election commissioner in the city of New York shall not partic-
6 ipate in any capacity in a campaign by a candidate for nomination for
7 election or election to the office of mayor, comptroller, borough presi-
8 dent or member of the city council.
9 9. An election commissioner in the city of New York shall not make
10 financial contributions to any candidate for any public office in the
11 city of New York.
12 10. An election commissioner in the city of New York shall be removed
13 for cause and upon notice and hearing.
14 § 3. Subdivision 1 of section 3-202 of the election law is amended to
15 read as follows:
16 1. The term of office of an election commissioner shall be two years
17 beginning January first of each odd numbered year except that in the
18 city of New York the term shall be three years and the county of Sche-
19 nectady the term shall be four years beginning on January first of each
20 alternate odd numbered year. The county legislative body of any other
21 county may determine that the commissioners of elections thereafter
22 appointed shall serve for a term of four years. Such determination may
23 be rescinded by a subsequent action of the county legislative body which
24 shall take effect at the expiration of the terms of the commissioners
25 then in office. Election commissioners in the city of New York shall
26 not serve more than four terms.
27 § 4. Subdivisions 1 and 4 of section 3-204 of the election law, subdi-
28 vision 4 as amended by chapter 116 of the laws of 2010, are amended and
29 a new subdivision 6 is added to read as follows:
30 1. At least thirty days before the first day of January of any year in
31 which a commissioner of elections is to be appointed, the chairman or
32 secretary of the appropriate party county committee shall file a certif-
33 icate of party recommendation with the clerk of the appropriate local
34 legislative body. This subdivision shall not apply to the city of New
35 York.
36 4. Commissioners of election shall be appointed by the county legisla-
37 tive body, or in the city of New York, by the speaker of the city coun-
38 cil and the New York city mayor. Provided, however, that if a legisla-
39 tive body shall fail to appoint any person recommended by a party for
40 appointment as a commissioner pursuant to this section, within thirty
41 days after the filing of a certificate of recommendation with such
42 legislative body, then the members of such legislative body who are
43 members of the political party which filed such certificate may appoint
44 such person. And further provided, if there are no members of the legis-
45 lative body who are members of the political party which filed such
46 certificate, the appointment shall take effect upon the expiration of
47 thirty days from the date that the certificate was filed. If none of the
48 persons named in any of the certificates filed by a party are so
49 appointed within sixty days after the filing of any such certificate,
50 then such party may file another certificate within thirty days after
51 the expiration of any such sixty day period recommending a different
52 person for such appointment. If a party fails to file a certificate
53 within the time prescribed by this section, the members of the legisla-
54 tive body who are members of such party may appoint any eligible person
55 to such office.
S. 7847 3
1 6. If at any time a vacancy occurs in the New York city board of
2 elections, the position shall be filled in the same manner as the
3 original appointment, as established in subdivision three of section
4 3-200 of this article.
5 § 5. Subdivision 5 of section 3-212 of the election law is amended to
6 read as follows:
7 5. The board of elections of the city of New York[, upon the affirma-
8 tive vote of six commissioners, may adopt rules authorizing a number of
9 commissioners less than the total membership of the board to act on
10 behalf of the board on matters required to be performed by boards of
11 election pursuant to the provisions of this chapter, provided that such
12 number shall be comprised of commissioners representing equally the two
13 political parties entitled to representation on the board] shall develop
14 a computer database to be accessible to the public which shall contain
15 the names, legal addresses and voting locations of all eligible voting
16 residents in an election district.
17 § 6. Subdivision 3 of section 4-120 of the election law, as amended by
18 chapter 359 of the laws of 1989, is amended to read as follows:
19 3. The board of elections of the city of New York shall publish on the
20 [eighth] thirtieth day before and the day before each general election,
21 in at least two newspapers in such city, a notice, at least one-half
22 page in size, in English and such other languages as such board deems
23 appropriate, which sets forth the dates and hours of the election and
24 the phone number to call for information about the location of polling
25 places, their accessibility to the handicapped, applications for absen-
26 tee ballots and any other subjects which such board deems appropriate.
27 The board of elections of the city of New York shall electronically
28 notify voters of such information where electronic mail addresses are
29 available.
30 § 7. This act shall take effect January 1, 2013.
