Bill A657A-2009

Relates to the composition of boards of elections

Relates to the composition of boards of elections.

Details

Actions

  • Apr 16, 2010: opinion referred to judiciary
  • Mar 23, 2010: to attorney-general for opinion
  • Mar 19, 2010: print number 657a
  • Mar 19, 2010: amend and recommit to election law
  • Jan 6, 2010: referred to election law
  • Jan 7, 2009: referred to election law

Memo

BILL NUMBER:A657A

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 8 of article 2 of the constitution, in relation to the composition of boards of elections

PURPOSE: To amend the constitution to enable the legislature to set qualifications for members and officers of boards of elections.

SUMMARY OF PROVISIONS: The bill proposes to amend Section 8 of Article 2 of the State Constitution to enable the legislature to set qualifications for members and officers of boards of elections.

JUSTIFICATION: The Constitution specifies that the two parties that receive the highest and next highest number of votes shall be equally represented on boards of elections. However, it does not provide for or authorize the legislature to provide for qualifications of the individuals who serve. Without affecting the bipartisan parity requirement, this proposed constitutional change would allow the legislature to enact legislation specifying qualifications for members and officers of boards of elections that the legislature deems appropriate for the boards to carry out their duties in administering elections. The present bill is silent on what specific qualifications might be appropriate, leaving that to later legislative enactment.

LEGISLATIVE HISTORY:

2009: A00657-Election Law 2008: A09096 (Kavanagh)-Election Law 2007: A09096 (Kavanagh)-Election Law

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: Resolved (if the Senate concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.


Text

STATE OF NEW YORK ________________________________________________________________________ 657--A 2009-2010 Regular Sessions IN ASSEMBLY (PREFILED) January 7, 2009 ___________
Introduced by M. of A. KAVANAGH, KOON, PERRY -- Multi-Sponsored by -- M. of A. MOLINARO, ROBINSON, THIELE, TOBACCO -- read once and referred to the Committee on Election Law -- 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 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 8 of article 2 of the constitution, in relation to the composition of boards of elections Section 1. Resolved (if the Senate concur), That section 8 of article 2 of the constitution be amended to read as follows: S 8. All laws creating, regulating or affecting boards or officers charged with the duty of qualifying voters, or of distributing ballots to voters, or of receiving, recording or counting votes at elections, shall secure equal representation of the two political parties which, at the general election next preceding that for which such boards or offi- cers are to serve, cast the highest and the next highest number of votes. All such boards and officers shall be appointed or elected in such manner, and upon the nomination of such representatives of said parties respectively, as the legislature may direct AND SHALL HAVE SUCH OTHER QUALIFICATIONS FOR PERFORMING THEIR DUTIES AS THE LEGISLATURE MAY DIRECT. Existing laws on this subject shall continue until the legisla- ture shall otherwise provide. This section shall not apply to town, or village elections. S 2. Resolved (if the Senate concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89020-03-0

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