NY State Senate Bill 2015-S1858

Senate Bill S1858

2015-2016 Legislative Session

Prohibits election commissioners and deputy commissioners from holding a publicly elected office

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Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to elections
Jan 15, 2015	referred to elections

co-Sponsors

2015-S1858 (ACTIVE) - Details

See Assembly Version of this Bill:: A5075
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §3-200, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1434
2011-2012: S1322
2013-2014: S433, A1815
2017-2018: S2918, A1989
2019-2020: A962
2021-2022: A4254
2023-2024: A3331

2015-S1858 (ACTIVE) - Summary

Prohibits election commissioners and deputy election commissioners from holding a publicly elected office or from being the respective chair of the county democratic or republican committees.

2015-S1858 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1858

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, except any person currently serving as an election
commissioner or deputy election commissioner, from serving as
chairperson of the respective democratic or republican party and would
prohibit election commissioners and deputy commissioners from holding
most other public offices.

SUMMARY OF PROVISIONS:

This bill amends election law section 3-200(4) and (6) by adding
deputy commissioner of elections to both sections; by Prohibiting an
election commissioner or deputy commissioner, except any person
currently serving as an election commissioner or deputy election
commissioner, from serving as chairperson of the respective democratic
or republican party; and by striking provisions within election law
section 3-200(4) that allow a commissioner of elections to be a

village officer, town judge or a city judge.

JUSTIFICATION:

This bill prohibits an election commissioner or deputy election
commissioner from serving as a village officer, town judge, city judge
or, except for any person currently serving as an election
commissioner or deputy election commissioner, as chairperson of the
respective democratic or republican party or committee in such county.

Current law carves out exceptions allowing appointed election
commissioners to run for elected office in villages and as town and
city judges. It is inappropriate for election 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 these excepted elected positions. In addition,
serious conflicts of interest could arise in the event a commissioner
or deputy commissioner runs for one of these offices and is then
called upon to rule on objections to petitions, the validity of
absentee ballots, affidavit ballots, and eventually certify the race
he or she ran for. Similarly, conflicts could arise for a commissioner
of election or deputy commissioner of election that serves as a
chairperson of the respective democratic or republican party and
therefore these commissioners, except any person currently serving as
an election commissioner or deputy election commissioner, will be
prohibited from serving as such a chairperson.

LEGISLATIVE HISTORY:

2013-2014 S.433A/A.1815B: Referred to Elections


FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately

2015-S1858 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1858

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation  to  prohibiting  election
  commissioners  and  deputy  elections  commissioners  from  holding  a
  publicly elected office

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  4  of  section 3-200 of the election law, as
amended by chapter 195 of the laws  of  2003,  is  amended  to  read  as
follows:
  4.  No  person [shall be] appointed as election commissioner or DEPUTY
ELECTION COMMISSIONER SHALL continue to hold office who is not a  regis-
tered voter in the county and not an enrolled member of the party recom-
mending  his  OR  HER appointment, OR WHO IS THE CHAIR OF THE RESPECTIVE
DEMOCRATIC OR REPUBLICAN PARTY OR COMMITTEE IN SUCH COUNTY 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; PROVIDED, HOWEVER,  THAT  THE  PROVISION  OF
THIS SUBDIVISION PROHIBITING AN ELECTION COMMISSIONER OR DEPUTY ELECTION
COMMISSIONER  FROM  CONTINUING  TO  HOLD  OFFICE WHO IS THE CHAIR OF THE
RESPECTIVE DEMOCRATIC OR REPUBLICAN PARTY OR COMMITTEE  IN  SUCH  COUNTY
SHALL NOT APPLY TO ANY PERSON CURRENTLY SERVING AS ELECTION COMMISSIONER
OR DEPUTY ELECTION COMMISSIONER.
  S  2. Subdivision 6 of section 3-200 of the election law is amended to
read as follows:
  6. An election commissioner OR DEPUTY ELECTION COMMISSIONER shall  not
be  a  candidate  for  any  elective office which he OR SHE would not be
entitled to hold under the provisions of this article, unless he OR  SHE
has  ceased  by  resignation  or otherwise, to be commissioner OR DEPUTY
COMMISSIONER prior to his OR HER  nomination  or  designation  therefor.
Otherwise such nomination or designation shall be null and void.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD04358-01-5

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Senate Bill S1858

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Sponsored By

Martin Malavé Dilan