STATE OF NEW YORK ________________________________________________________________________ 3804 2023-2024 Regular Sessions IN ASSEMBLY February 8, 2023 ___________ Introduced by M. of A. TAYLOR -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to the appointment of commissioners of elections The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 3-204 of the election law, as 2 amended by chapter 116 of the laws of 2010, is amended to read as 3 follows: 4 4. (a) Commissioners of election shall be appointed by the county 5 legislative body, or in the city of New York, by the city council. 6 (b) Provided, however, that if a legislative body shall fail to 7 appoint any person recommended by a party for appointment as a commis- 8 sioner pursuant to this section, within thirty days after the filing of 9 a certificate of recommendation with such legislative body, then the 10 member or members of such legislative body who are members of the poli- 11 tical party which filed such certificate may appoint such person. And 12 further provided, if there are no members of the legislative body who 13 are members of the political party which filed such certificate, the 14 [appointment shall take effect] person named in the certificate of party 15 recommendation shall be deemed appointed upon the expiration of thirty 16 days from the date that the certificate was filed. 17 (c) Where the legislative body includes a member or members of the 18 political party which filed such certificate, and no action is taken to 19 appoint such recommended person by either the legislative body or such 20 member or members within sixty days after the filing of any such certif- 21 icate, the person named in such certificate shall be deemed appointed 22 upon the expiration of such sixty days. 23 (d) If [none of the], pursuant to this subdivision, the members of 24 such legislative body who are members of the political party which filed 25 such certificate reject any persons named in any of the certificates EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07970-01-3
A. 3804 2 1 filed by a party [are so appointed within sixty days after the filing of 2 any such certificate] by majority vote, then such party may file another 3 certificate within thirty days after [the expiration of any such sixty 4 day period] such vote recommending a different person for such appoint- 5 ment. 6 (e) If the members of such legislative body who are members of the 7 political party which filed such certificate fail to appoint such person 8 recommended by a party in a second certificate of recommendation within 9 thirty days of the filing of such certificate, the person named in such 10 certificate shall be deemed appointed upon the expiration of thirty days 11 from the date that the second certificate was filed. 12 (f) If a party fails to file a certificate within the time prescribed 13 by this section, the members of the legislative body who are members of 14 such party may appoint any eligible person to such office. 15 § 2. This act shall take effect immediately.