Bill S90-2011

Relates to the composition of boards of elections

Relates to the composition of boards of elections.

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  • Feb 8, 2012: OPINION REFERRED TO JUDICIARY
  • Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Apr 27, 2011: OPINION REFERRED TO JUDICIARY
  • Jan 14, 2011: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 5, 2011: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S90

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: 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 90 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
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. LBD89010-01-1

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