Bill S433A-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.

Details

Actions

  • Jan 8, 2014: REFERRED TO ELECTIONS
  • Mar 25, 2013: PRINT NUMBER 433A
  • Mar 25, 2013: AMEND AND RECOMMIT TO ELECTIONS
  • Jan 9, 2013: REFERRED TO ELECTIONS

Memo

BILL NUMBER:S433A

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, except any person currently serving as an election commissioner or deputy election commissioner, from serving as chairperson of the respective democratic or republican parry and would prohibit election commissioners and deputy commissioners from holding most other public offices.

SUMMARY OF PROVISIONS: This bill amends election law section 3-200(4) and (6) by adding deputy commissioner of elections to both sections; by Prohibiting an election commissioner or deputy commissioner, except any person currently serving as an election commissioner or deputy election commissioner, from serving as chairperson of the respective democratic or republican party; and by striking provisions within election law section 3-200(4) that allow a commissioner of elections to be a village officer, town judge or a city judge.

JUSTIFICATION: This bill prohibits an election commissioner or deputy election commissioner from serving as a village officer, town judge, city judge or, except for any person currently serving as an election commissioner or deputy election commissioner, as chairperson of the respective democratic or republican party or committee in such county.

Current law carves out exceptions allowing appointed election commissioners to run for elected office in villages and as town and city judges. It is inappropriate for election 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 these excepted elected positions. In addition, serious conflicts of interest could arise in the event a commissioner or deputy commissioner runs for one of these offices and is then called upon to rule on objections to petitions, the validity of absentee ballots, affidavit ballots, and eventually certify the race he or she ran for. Similarly, conflicts could arise for a commissioner of election or deputy commissioner of election that serves as a chairperson of the respective democratic or republican party and therefore these commissioners, except any person currently serving as an election commissioner or deputy election commissioner, will be prohibited from serving as such a chairperson.

LEGISLATIVE HISTORY: None in Assembly; 2012: S.1322 (Dilan); 2010: S.1434A Passed Senate

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 433--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. DILAN, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee 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; PROVIDED, HOWEVER, THAT THE PROVISION OF THIS SUBDIVISION PROHIBITING AN ELECTION COMMISSIONER OR DEPUTY ELECTION COMMISSIONER FROM CONTINUING TO HOLD OFFICE WHO IS THE CHAIR OF THE RESPECTIVE DEMOCRATIC OR REPUBLICAN PARTY OR COMMITTEE IN SUCH COUNTY SHALL NOT APPLY TO ANY PERSON CURRENTLY SERVING AS ELECTION COMMISSIONER OR DEPUTY ELECTION COMMISSIONER. 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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