BILL NUMBER:S1322

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 from holding an elected office or serving as
chairperson of the respective democratic or republican party or
committee in such county with the exception of notary public,
commissioner of deeds, member of a community board within the city of
New York or trustee of school officer outside of a city.

SUMMARY OF PROVISIONS:
This bill amends subdivision four of section 3-200 of the election law
by adding deputy commissioner of elections to the section and
striking provisions within the section that allow a commissioner of
elections to be a village officer, town judge, city judge or as
chairperson of the respective democratic or republican party or
committee in such county.

JUSTIFICATION:
This bill prohibits an election commissioner or deputy election
              

commissioner from serving as a village officer, town judge, city
judge or as chairperson of the respective democratic or republican
party or committee in such county.
Currently under the statute exceptions are carved out allowing these
purportedly non-partisan appointed representatives to run for elected
office in villages and as town and city judges. Under the current
statute, it is illogical for 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 the elected positions carved out as exceptions in the statute or
to serve as chairperson of the respective democratic or republican
party or committee in such county that works to elect candidates
running on his/her party line. In addition, serious conflicts of
interest could arise in the event a commissioner did run for one of
the excepted positions in the statute only to have to turn around and
rule on objections to petitions, the validity of absentee ballots,
affidavit ballots, and eventually certify the race he or she ran for.

LEGISLATIVE HISTORY:
2009/10 - S.1434A Passed Senate
2007/08 - S.1505/A.6766 Referred to Elections
2007/08 - A.6766  Referred to Election Law
2005-06 - S.7860/A.10820 Referred to Election Law

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.