S180-2013 Actions

• Feb 6, 2013: OPINION REFERRED TO JUDICIARY
• Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
• Jan 9, 2013: REFERRED TO JUDICIARY

S180-2013 Memo

BILL NUMBER:S180

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 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:
2012: Referred to Judiciary to Attorney General for Opinion
2012: Referred to Judiciary to Attorney General for Opinion
2010: S.5288A (Passed Senate)/A.657A (Kavanagh) Judiciary
2008: A.9096 (Kavanagh) - Judiciary
2007: A.9096 (Kavanagh) - Judiciary

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
Resolved, (if the Assembly 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.

S180-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          180
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary
 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 Assembly concur), That section 8 of  arti
 cle 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 Assembly 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.
 LBD89004-01-3

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