Prohibits conflicts of interest among board of elections employees; prevents a board of elections employee from remaining on the board of elections payroll while also a candidate for an office who has an election overseen by the board at which they are employed; allows for a member to remain on the board until 90 days before the general election if there is no primary for such office.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1244D
SPONSOR: Jacobson TITLE OF BILL:
An act to amend the election law, in relation to prohibiting conflicts
of interest among board of elections employees
PURPOSE OR GENERAL IDEA OF BILL:
To end the actual and perceived conflicts of interests of board of
elections employees caused by outside income relating to the adminis-
tration of and supervision of elections as well as prohibiting board
employees from being a candidate in a contested election that the board
oversees.
SUMMARY OF PROVISIONS:
Section 1 adds a new section 3-304 to the Election Law, which sets forth
a ban on board of elections employees engaging in a trade or business
activity which creates, or may tend to create, an actual or potential
conflict of interest.
No board of elections employee shall maintain a financial interest in or
be employed by a vendor or company that provides services to a candi-
date' who has an election overseen by such employee's office, including
but not limited to:
* Printing companies,
* Election consulting companies, *Direct mail companies, and *Digital
marketing companies. No board of elections employee shall maintain a
financial interest in or be employed by a vendor or company that sells
to the board:
* Voting machines,
* Electronic poll books,
* Printers, or
* Other technical or electronic equipment. A violation of any of the
provisions of this section shall be cause for discipline by the board of
elections, including removal of the board of elections employee.
Subdivision 2 (a) states that no board of elections employee shall
remain on the board of elections payroll while also a candidate for an
office with an election overseen by the board at which they are
employed.
A board of elections employee shall be deemed a candidate for elective
office upon the filing of a designating or nominating petition for such
office or, where nominations for such office are made other than by
petition, upon acceptance of a nomination.
Such employee may remain in "leave without pay" status until their
candidacy ends or on the day following the certification of election
results for such office, whichever comes first.
When there are no primary elections for the office being sought by a
candidate that is employed by the board of elections, that candidate may
remain on the board of elections payroll for no more than 90 days prior
to a general election. Provided that this paragraph shall not apply to
unpaid party positions.
Subdivision 2 states it shall not be considered a conflict of interest
for a board of elections employee who is:
* a member of a county committee as defined in section 2-104 of this
chapter, *a district leader as outlined in section 2-110 of this chap-
ter,
* a member of the state committee as described in section 2-102 of this
chapter,
* a delegate or alternate delegate to judicial district nominating
conventions as described in section 6-124 of this section, or
* a delegate or alternate delegate to national party conventions as
described in section 2122 of this chapter, who, as part of their duties
in said party position, endorses or supports a candidate for a party
position or public office.
Section 2 sets forth the effective date, which is one year after it
shall have become a law.
JUSTIFICATION:
Our democracy is under attack. The electoral system is questioned on a
regular basis. Whether based on fact or conspiracy theories, these
attacks have undermined the public's confidence in our boards of
elections and the basic work that they do. For our democratic process to
work, the public must have faith that boards of elections are acting in
the best interest of the public and not themselves, and that they are
fairly administering elections.
This bill will help restore faith in our boards of elections by expand-
ing and clarifying what constitutes conflicts of interest by board
employees - eliminating financial conflicts of interest and prohibiting
board employees from working at the board while they are candidates in a
contested primary or in a general election.
This bill specifically prohibits board employees from dealing in a trade
or business that creates or tends to create an actual or potential
conflict of interest.
This prohibition includes, but is not limited to, maintaining a finan-
cial interest in a company providing services to a candidate who has an
election overseen by such employee's office; including, but not limited
to, printing companies, election consulting companies, direct mail
companies, and digital marketing companies.
This prohibition also includes, but is not limited to, maintaining a
financial interest in or being employed by a vendor or company that
sells voting machines, electronic poll books, printers, or other techni-
cal or electronic equipment to the board of elections at which they are
employed.
In addition, no board employee may continue to work for the board while
they are a candidate in a contested primary or general election for a
public office. This prohibition also prohibits a board employee from
working at the board while they are a candidate in a contested primary
for a party position.
Unfortunately, prohibited conflicts have occurred too often and have
drawn legitimate public scrutiny and criticism. This bill will restore
public confidence that boards of elections are working to ensure fair
elections, and not for the benefit of board employees.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act takes effect one year after becoming law.
STATE OF NEW YORK
________________________________________________________________________
1244--D
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. JACOBSON, EACHUS, GUNTHER, McDONALD, GIBBS, ARDI-
LA, SIMON, DAVILA, SIMONE -- Multi-Sponsored by -- M. of A. LEVENBERG
-- read once and referred to the Committee on Election Law -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- recommitted to the Committee on Election
Law in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Election Law in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported and referred to the Committee on Codes -- reported and
referred to the Committee on Rules -- recommitted to the Committee on
Election Law in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the election law, in relation to prohibiting conflicts
of interest among 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 3-304
2 to read as follows:
3 § 3-304. Board employees; conflicts of interest. 1. No board of
4 elections employee shall engage in or participate in any trade or busi-
5 ness which creates, or may tend to create, an actual or potential
6 conflict of interest. No board of elections employee shall maintain a
7 direct financial interest in or be employed by a vendor or a company
8 providing services to a candidate who has an election overseen by such
9 employee's office, including but not limited to, printing companies,
10 election consulting companies, direct mail companies and digital market-
11 ing companies. No board of elections employee shall maintain a direct
12 financial interest in or be employed by a vendor or company that sells
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02172-31-4
A. 1244--D 2
1 to the board voting machines, electronic poll books, printers or other
2 technical or electronic equipment. A violation of any of the provisions
3 of this subdivision shall be cause for discipline by the board of
4 elections, including removal of the board of elections employee.
5 2. No board of elections employee shall remain on the board of
6 elections payroll while also a candidate for an office who has an
7 election overseen by the board at which they are employed. For the
8 purposes of this article, a board of elections employee shall be deemed
9 a candidate for elective office upon the filing of a designating or
10 nominating petition for such office or, where nominations for such
11 office are made other than by petition, upon acceptance of a nomination.
12 Such employee may remain in "leave without pay" status until such time
13 as their candidacy shall cease, or upon the day following the certif-
14 ication of election results for such office, whichever comes first.
15 Notwithstanding the provisions of this section, when there are no prima-
16 ry elections for the office being sought by a candidate that is employed
17 by the board of elections, that candidate may remain on the board of
18 elections payroll for no more than ninety days prior to a general
19 election. The provisions of this subdivision shall not apply to unpaid
20 party positions.
21 3. It shall not be considered a conflict of interest for a board of
22 elections employee who is a member of a county committee as defined in
23 section 2-104 of this chapter, a district leader as outlined in section
24 2-110 of this chapter, a member of the state committee as described in
25 section 2-102 of this chapter, a delegate or an alternate delegate to
26 judicial district nominating conventions as described in section 6-124
27 of this chapter, or a delegate or an alternate delegate to national
28 party conventions as described in section 2-122 of this chapter who, as
29 part of their duties in said party position, endorses or supports a
30 candidate for a party position or public office.
31 § 2. This act shall take effect one year after it shall have become a
32 law.
