This bill has been amended

Bill S433-2013

Prohibits election commissioners and deputy election commissioners from holding a publicly elected office

Prohibits election commissioners and deputy election commissioners from holding a publicly elected office or from being the respective chair of the county democratic or republican committees.

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  • Jan 9, 2013: REFERRED TO ELECTIONS

Memo

BILL NUMBER:S433

TITLE OF BILL: An act to amend the election law, in relation to prohibiting election commissioners and deputy elections commissioners from holding a publicly elected office

PURPOSE: This bill would prohibit election commissioners and deputy election commissioners from holding an elected office or serving as chairperson of the respective democratic or republican party or committee in such county with the exception of notary public, commissioner of deeds, member of a community board within the city of New York or trustee of school officer outside of a city.

SUMMARY OF PROVISIONS: This bill amends subdivision four of section 3-200 of the election law by adding deputy commissioner of elections to the section and striking provisions within the section that allow a commissioner of elections to be a village officer, town judge, city judge or as chairperson of the respective democratic or republican party or committee in such county.

JUSTIFICATION: This bill prohibits an election commissioner or deputy election commissioner from serving as a village officer, town judge, city judge or as chairperson of the respective democratic or republican party or committee in such county. Currently under the statute exceptions are carved out allowing these purportedly non-partisan appointed representatives to run for elected office in villages and as town and city judges. Under the current statute, it is illogical for commissioners and deputy commissioners to serve as neutral referees of the electoral process while at the same time being able to run on a particular political party ticket for the elected positions carved out as exceptions in the statute or to serve as chairperson of the respective democratic or republican party or committee in such county that works to elect candidates running on his/her party line. In addition, serious conflicts of interest could arise in the event a commissioner did run for one of the excepted positions in the statute only to have to turn around and rule on objections to petitions, the validity of absentee ballots, affidavit ballots, and eventually certify the race he or she ran for.

LEGISLATIVE HISTORY: 2011/12 - S.1322 2009/10 - S.1434A Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 433 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to prohibiting election commissioners and deputy elections commissioners from holding a publicly elected office THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 3-200 of the election law, as amended by chapter 195 of the laws of 2003, is amended to read as follows: 4. No person [shall be] appointed as election commissioner or DEPUTY ELECTION COMMISSIONER SHALL continue to hold office who is not a regis- tered voter in the county and not an enrolled member of the party recom- mending his OR HER appointment, OR WHO IS THE CHAIR OF THE RESPECTIVE DEMOCRATIC OR REPUBLICAN PARTY OR COMMITTEE IN SUCH COUNTY or who holds any other public office, except that of commissioner of deeds, notary public, [village officer, city or town justice,] member of a community board within the city of New York or trustee or officer of a school district outside of a city. S 2. Subdivision 6 of section 3-200 of the election law is amended to read as follows: 6. An election commissioner OR DEPUTY ELECTION COMMISSIONER shall not be a candidate for any elective office which he OR SHE would not be entitled to hold under the provisions of this article, unless he OR SHE has ceased by resignation or otherwise, to be commissioner OR DEPUTY COMMISSIONER prior to his OR HER nomination or designation therefor. Otherwise such nomination or designation shall be null and void. S 3. This act shall take effect immediately.

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