STATE OF NEW YORK ________________________________________________________________________ 1243 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. GALLAGHER, GONZALEZ-ROJAS, GALLAHAN, SEAWRIGHT, FORREST, EPSTEIN -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to providing for the appointment and removal of commissioners of election; and to repeal certain provisions of the election law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading of section 3-200 of the election law, 2 as amended by chapter 373 of the laws of 1978, is amended to read as 3 follows: 4 Boards of elections; creation, qualifications of commissioners[, 5 removal]. 6 § 2. Subdivision 7 of section 3-200 of the election law is REPEALED. 7 § 3. Section 3-202 of the election law is amended to read as follows: 8 § 3-202. Election commissioners; term of office. 1. The term of office 9 of an election commissioner shall be [two] four years beginning [January 10 first] February fifteenth of [each odd numbered year except that in the 11 city of New York and the county of Schenectady the term shall be four 12 years beginning on January] the first alternate odd numbered year. [The 13 county legislative body of any other county may determine that the 14 commissioners of elections thereafter appointed shall serve for a term 15 of four years. Such determination may be rescinded by a subsequent 16 action of the county legislative body which shall take effect at the 17 expiration of the terms of the commissioners then in office.] 18 2. The local legislative body may, at any time, determine that the 19 terms of office for commissioners shall be staggered and may make subse- 20 quent appointments so as to provide for staggered terms of office there- 21 after. 22 § 4. Subdivision 4 of section 3-204 of the election law, as amended by 23 chapter 116 of the laws of 2010, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00196-01-3
A. 1243 2 1 4. Commissioners of election shall be appointed by the county legisla- 2 tive body, or in the city of New York, by the city council. Provided, 3 however, that if a legislative body shall fail to appoint any person 4 recommended by a party for appointment as a commissioner pursuant to 5 this section, within thirty days after the filing of a certificate of 6 recommendation with such legislative body, then the members of such 7 legislative body who are members of the political party which filed such 8 certificate may appoint such person. And further provided, if there are 9 no members of the legislative body who are members of the political 10 party which filed such certificate, the [appointment shall take effect 11 upon the expiration of thirty days from the date that the certificate 12 was filed] county committee or such other committee as the rules of the 13 party may provide shall recommend not fewer than two additional persons 14 for the county legislative body to choose from. If none of the persons 15 named in any of the certificates filed by a party are so appointed with- 16 in sixty days after the filing of any such certificate, then such party 17 may file another certificate within thirty days after the expiration of 18 any such sixty day period recommending a different person for such 19 appointment. If a party fails to file a certificate within the time 20 prescribed by this section, the members of the legislative body who are 21 members of such party may appoint any eligible person to such office. 22 § 5. The election law is amended by adding a new section 3-206 to read 23 as follows: 24 § 3-206. Election commissioners; removal. 1. The state board of 25 elections shall have the power to remove the election commissioner of 26 any county for any willful violation or neglect of duty under this chap- 27 ter, or willfully disobeying any law, decision, order, settlement, rule 28 or regulation of the state board of elections. 29 2. An election commissioner may be removed from office by the governor 30 for cause in the same manner as a sheriff. 31 3. Any vacancy so resulting shall be filled in a manner prescribed by 32 this article for filling vacancies. 33 § 6. This act shall take effect immediately.