S7847-2011 Actions

• Sep 14, 2012: REFERRED TO RULES

S7847-2011 Memo

BILL NUMBER:S7847

TITLE OF BILL:
An act to amend the election law, in relation to creating the "Help New
York Vote act" for reforming the New York city board of elections

PURPOSE OF THE BILL:
This legislation will help ensure that New Yorker's have the appropriate
information about elections in a timely manner. This legislation will
also help promote and maintain fairness and impartiality in NYC based
elections.

SUMMARY OF SPECIFIC PROVISIONS:
Section 3-200;
Subdivision 3 adjusts the NYC BOE from ten members to five, with two
(diff parties) being appointed by speaker of the city council, two by
NYC mayor and one (chair) will be selected jointly by speaker and mayor
(must alternate party affiliation).

Subdivision 4 restricts appointees from being an officer in a political
party, employee of NYC agency, or lobbyist.

Subdivision 9 ensures appointed election commissioner(s) shall not make
financial contributions to any candidate for any public office in NYC.

Section 3-201;
Subdivision 1 delineates that subsequent election commissioners in NYC
will serve for year terms (formally two) but will be term limited to
four terms.

Section 3-204;
Subdivision 1 which sets up requirements for the Political Party chair-
man or secretary to file a certificate of party recommendation with the
clerk of the appropriate local legislative body (city council) no longer
applies in NYC.

Section 3-212;
Subdivision 5 amends to include that public computer database must be
accessible to voters and contain names, addresses and voting locations
of ALL eligible voters in an election district.

Section 4-120;
Subdivision 3 is amended to require that the BOE of NYC must publish all
important information about an upcoming election thirty days (instead of
eight) prior to election. BOE will also email voters who provide email
addresses the necessary information.

JUSTIFICATION:
Recent election controversies in New York City have illuminated a need
to ensure that accurate and timely information is available and properly
distributed to voters before an election, It is also important that

political power structures are held accountable with a system of checks-
and-balances to ensure potential voters are encouraged to exercise their
right to vote and not the other way around.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on January first, two thousand thirteen.

S7847-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7847
 I N  SENATE
 September 14, 2012
 
 Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
 printed to be committed to the Committee on Rules
 AN  ACT to amend the election law, in relation to creating the "Help New
 York Vote act" for reforming the New York city board of elections
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. This act may be known as and may be cited as the "Help New
 York Vote act".
 

S 2. Subdivisions 3 and 4 of section 3-200 of the election law, subdi
 vision 4 as amended by chapter 195 of the laws of 2003, are amended  and
 three new subdivisions 8, 9 and 10 are added to read as follows:

 3.  In  the  city  of  New  York the board shall consist of [ten] FIVE
 commissioners of election who shall be registered voters in  the  county
 for  which  they are appointed [and they]. TWO shall be appointed by the
 SPEAKER OF THE city council of the  city  of  New  York,  TWO  SHALL  BE
 APPOINTED  BY THE NEW YORK CITY MAYOR AND ONE SHALL BE APPOINTED JOINTLY
 BY THE SPEAKER OF THE CITY COUNCIL OF THE CITY OF NEW YORK AND  THE  NEW
 YORK  CITY  MAYOR.  [Not more than two commissioners shall be registered
 voters of the same county.] THE TWO MEMBERS APPOINTED BY THE SPEAKER  OF
 THE  CITY COUNCIL OF THE CITY OF NEW YORK SHALL NOT BE REGISTERED IN THE
 SAME POLITICAL PARTY.  THE TWO MEMBERS APPOINTED BY THE  NEW  YORK  CITY
 MAYOR  SHALL  NOT BE REGISTERED IN THE SAME POLITICAL PARTY.  THE MEMBER
 APPOINTED JOINTLY BY THE SPEAKER OF THE CITY COUNCIL OF THE CITY OF  NEW
 YORK  AND  THE  NEW  YORK CITY MAYOR SHALL SERVE AS THE CHAIRPERSON, AND
 SHALL BE REGISTERED TO A  DIFFERENT  POLITICAL  PARTY  THAN  THE  MEMBER
 PREVIOUSLY  APPOINTED  JOINTLY BY THE SPEAKER OF THE CITY COUNCIL OF THE
 CITY OF NEW YORK AND THE NEW YORK CITY MAYOR.
 4. No person shall be appointed as election commissioner  or  continue
 to  hold  office  who is not a registered voter in the county and not an
 enrolled member of the party recommending his appointment, 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. NO PERSON SHALL  BE  APPOINTED  AS  ELECTION
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD16453-03-2
 
       S. 7847                             2
 COMMISSIONER  IN  THE  CITY OF NEW YORK WHO IS AN OFFICER IN A POLITICAL
 PARTY, EMPLOYEE OF THE CITY OF NEW YORK  OR  AN  AGENCY  THEREOF,  IS  A
 LOBBYIST  REQUIRED TO FILE A STATEMENT OF REGISTRATION OR BE EMPLOYED BY
 A LOBBYIST.
 8.  AN ELECTION COMMISSIONER IN THE CITY OF NEW YORK SHALL NOT PARTIC
 IPATE IN ANY CAPACITY IN A CAMPAIGN BY A CANDIDATE  FOR  NOMINATION  FOR
 ELECTION OR ELECTION TO THE OFFICE OF MAYOR, COMPTROLLER, BOROUGH PRESI
 DENT OR MEMBER OF THE CITY COUNCIL.
 9.  AN  ELECTION  COMMISSIONER  IN THE CITY OF NEW YORK SHALL NOT MAKE
 FINANCIAL CONTRIBUTIONS TO ANY CANDIDATE FOR ANY PUBLIC  OFFICE  IN  THE
 CITY OF NEW YORK.
 10.  AN ELECTION COMMISSIONER IN THE CITY OF NEW YORK SHALL BE REMOVED
 FOR CAUSE AND UPON NOTICE AND HEARING.
 

S 3. Subdivision 1 of section 3-202 of the election law is amended  to
 read as follows:

 1.  The  term of office of an election commissioner shall be two years
 beginning January first of each odd numbered year  except  that  in  the
 city  of  New York THE TERM SHALL BE THREE YEARS and the county of Sche
 nectady the term shall be four years beginning on January first of  each
 alternate  odd  numbered  year. The county legislative body of any other
 county may determine that  the  commissioners  of  elections  thereafter
 appointed  shall  serve for a term of four years. Such determination may
 be rescinded by a subsequent action of the county legislative body which
 shall take effect at the expiration of the terms  of  the  commissioners
 then  in  office.   ELECTION COMMISSIONERS IN THE CITY OF NEW YORK SHALL
 NOT SERVE MORE THAN FOUR TERMS.
 

S 4. Subdivisions 1 and 4 of section 3-204 of the election law, subdi
 vision 4 as amended by chapter 116 of the laws of 2010, are amended  and
 a new subdivision 6 is added to read as follows:

 1. At least thirty days before the first day of January of any year in
 which  a  commissioner  of elections is to be appointed, the chairman or
 secretary of the appropriate party county committee shall file a certif
 icate of party recommendation with the clerk of  the  appropriate  local
 legislative  body.   THIS SUBDIVISION SHALL NOT APPLY TO THE CITY OF NEW
 YORK.
 4. Commissioners of election shall be appointed by the county legisla
 tive body, or in the city of New York, by the SPEAKER OF THE city  coun
 cil  AND  THE NEW YORK CITY MAYOR. Provided, however, that if a legisla
 tive body shall fail to appoint any person recommended by  a  party  for
 appointment  as  a  commissioner pursuant to this section, within thirty
 days after the filing of  a  certificate  of  recommendation  with  such
 legislative  body,  then  the  members  of such legislative body who are
 members of the political party which filed such certificate may  appoint
 such person. And further provided, if there are no members of the legis
 lative  body  who  are  members  of the political party which filed such
 certificate, the appointment shall take effect upon  the  expiration  of
 thirty days from the date that the certificate was filed. If none of the
 persons  named  in  any  of  the  certificates  filed  by a party are so
 appointed within sixty days after the filing of  any  such  certificate,
 then  such  party  may file another certificate within thirty days after
 the expiration of any such sixty day  period  recommending  a  different
 person  for  such  appointment.  If  a party fails to file a certificate
 within the time prescribed by this section, the members of the  legisla
 tive  body who are members of such party may appoint any eligible person
 to such office.
 
       S. 7847                             3
 6. IF AT ANY TIME A VACANCY OCCURS IN  THE  NEW  YORK  CITY  BOARD  OF
 ELECTIONS,  THE  POSITION  SHALL  BE  FILLED  IN  THE SAME MANNER AS THE
 ORIGINAL APPOINTMENT, AS ESTABLISHED IN  SUBDIVISION  THREE  OF  SECTION
 3-200 OF THIS ARTICLE.
 

S  5. Subdivision 5 of section 3-212 of the election law is amended to
 read as follows:

 5. The board of elections of the city of New York[, upon the  affirma-
 tive  vote of six commissioners, may adopt rules authorizing a number of
 commissioners less than the total membership of  the  board  to  act  on
 behalf  of  the  board  on matters required to be performed by boards of
 election pursuant to the provisions of this chapter, provided that  such
 number  shall be comprised of commissioners representing equally the two
 political parties entitled to representation on the board] SHALL DEVELOP
 A COMPUTER DATABASE TO BE ACCESSIBLE TO THE PUBLIC WHICH  SHALL  CONTAIN
 THE  NAMES,  LEGAL ADDRESSES AND VOTING LOCATIONS OF ALL ELIGIBLE VOTING
 RESIDENTS IN AN ELECTION DISTRICT.
 

S 6. Subdivision 3 of section 4-120 of the election law, as amended by
 chapter 359 of the laws of 1989, is amended to read as follows:

 3. The board of elections of the city of New York shall publish on the
 [eighth] THIRTIETH day before and the day before each general  election,
 in  at  least  two  newspapers in such city, a notice, at least one-half
 page in size, in English and such other languages as  such  board  deems
 appropriate,  which  sets  forth the dates and hours of the election and
 the phone number to call for information about the location  of  polling
 places,  their accessibility to the handicapped, applications for absen
 tee ballots and any other subjects which such board  deems  appropriate.
 THE  BOARD  OF  ELECTIONS  OF  THE CITY OF NEW YORK SHALL ELECTRONICALLY
 NOTIFY VOTERS OF SUCH INFORMATION WHERE ELECTRONIC  MAIL  ADDRESSES  ARE
 AVAILABLE.
 

S 7. This act shall take effect January 1, 2013.

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