NY State Senate Bill 2017-S6877

Senate Bill S6877

2017-2018 Legislative Session

Relates to the exercise of powers and duties of the board of elections of the city of New York and its executive management

download bill text pdf

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 03, 2018	referred to elections
Sep 20, 2017	referred to rules

2017-S6877 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §3-300, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2726
2021-2022: S6226
2023-2024: S619

2017-S6877 (ACTIVE) - Summary

Relates to the exercise of powers and duties of the board of elections of the city of New York and its executive management.

2017-S6877 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6877

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the election law, in relation to the exercise of powers
and duties of the board of elections of the city of New York and its
executive management

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends section 3-300 of the Election Law to add
a new subdivision delineating the powers and duties of the Board of
Elections in the City of New York ("the Board") and the Board's Execu-
tive Director and Deputy Executive Director. Specifically, the bill
provides that the Board will be responsible for promulgating regu-
lations, issuing orders and making decisions regarding general policies
affecting the administration of elections of the city of New York, while
the Executive Director and Deputy Executive, who shall jointly serve as
the chief executive of the Board, will be generally responsible for the
day-to-day operations of the Board.  The bill expressly reserves certain
powers and functions for the Board, including but not limited to the

designation of election districts and poll sites, approving procurement
contracts valued at greater than one million dollars, choosing voting
machines and systems, canvassing election results and making determi-
nations regarding the nomination and designation of candidates, the form
and content of ballots and challenges to voter registration.

The Executive Director and Deputy Executive Director, which must be of
separate political party affiliation, are responsible for all other
powers and duties delegated to local boards of elections under the
Election Law, including but not limited to the appointment, salaries and
removal of all staff, such as poll workers, inspectors and voter machine
technicians and all matters relating to voter registration and enroll-
ment, cancellation of voter registration, change of voter status and
registration records, except where such powers are expressly reserved
for the Board. The Executive Director and Deputy Executive Director must
exercise their powers in a manner not inconsistent with the policies
established by the Board.

Section two provides that the bill shall take effect sixty days after
enactment.

 
JUSTIFICATION:

The administration of elections in New York City is a significant opera-
tional undertaking that requires a system of accountability, swift deci-
sion-making and utmost efficiency. Unlike other jurisdictions where
Board commissioners receive annual salaries, in New York City, Commis-
sioners serve part-time and delegate many day-to-day operations to the
Executive Director, Deputy Executive Director and other staff. At the
same time, existing law does not provide a clear delineation of authori-
ty between the executive staff and the Commissioners. This bill would
provide an express allocation of powers and duties and would hold the
Executive Director and Deputy Executive Director accountable for the
day-to-day operations of the Board. This reform is intended to stream-
line the administration of elections in New York City, promote efficien-
cy and accuracy and further protect the voting rights of New Yorkers.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect sixty days after it shall become a law.

2017-S6877 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6877
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                            September 20, 2017
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the election law, in relation to the exercise of  powers
   and  duties  of the board of elections of the city of New York and its
   executive management

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  3-300  of the election law is amended to read as
 follows:
   § 3-300. Board employees; appointment. [Every] 1. EXCEPT  AS  PROVIDED
 IN  SUBDIVISION  TWO  OF  THIS  SECTION,  EVERY board of elections shall
 appoint, and at its pleasure remove, clerks, voting machine technicians,
 custodians and  other  employees,  fix  their  number,  prescribe  their
 duties,  fix  their  titles and rank and establish their salaries within
 the amounts appropriated therefor by  the  local  legislative  body  and
 shall  secure  in the appointment of employees of the board of elections
 equal representation of the major political parties.  Every commissioner
 in each board of elections except for  commissioners  of  the  board  of
 elections  of the city of New York, may approve and at pleasure remove a
 deputy, establish his title and prescribe his duties. [In]
   2. (A) NOTWITHSTANDING ANY PROVISION OF GENERAL, SPECIAL OR LOCAL LAW,
 IN the city of New York, the board of elections shall appoint an  execu-
 tive director and a deputy executive director WHO SHALL EACH BE OF SEPA-
 RATE  MAJOR  POLITICAL PARTIES AND whose duties it shall be to supervise
 the operations of the board of elections [under the supervision of  such
 board]  IN  ACCORDANCE  WITH THIS SUBDIVISION. THE BOARD OF ELECTIONS OF
 THE CITY OF NEW YORK SHALL ADVISE  THE  EXECUTIVE  DIRECTOR  AND  DEPUTY
 EXECUTIVE  DIRECTOR ON MATTERS OF POLICY AFFECTING THE ADMINISTRATION OF
 ELECTIONS IN THE CITY OF NEW YORK. EXCEPT AS EXPRESSLY PROVIDED IN  THIS
 SUBDIVISION, SUCH BOARD SHALL EXERCISE NO EXECUTIVE POWER AND PERFORM NO
 EXECUTIVE  OR  ADMINISTRATIVE FUNCTIONS. EXCEPT AS EXPRESSLY PROVIDED IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13520-01-7

 S. 6877                             2
 
 THIS SUBDIVISION, SUCH BOARD  SHALL  MAKE  NO  INDIVIDUALIZED  DECISIONS
 CONCERNING  THE  EMPLOYMENT  OF ANY SPECIFIC PERSON OR THE REGISTRATION,
 ENROLLMENT OR QUALIFICATIONS OF ANY  SPECIFIC  VOTER.  NOTHING  IN  THIS
 SUBDIVISION  SHALL  BE  CONSTRUED TO REQUIRE OR AUTHORIZE THE DAY-TO-DAY
 SUPERVISION OF THE EXECUTIVE DIRECTOR OR DEPUTY  EXECUTIVE  DIRECTOR  BY
 THE  BOARD.  THE BOARD MAY DELEGATE POWERS AND DUTIES CONFERRED UPON THE
 BOARD TO THE EXECUTIVE DIRECTOR AND DEPUTY  EXECUTIVE  DIRECTOR,  TO  BE
 EXERCISED CONSISTENT WITH PARAGRAPH (C) OF THIS SUBDIVISION.
   (B)  THE  BOARD  SHALL  HAVE  THE POWER AND DUTY TO TAKE THE FOLLOWING
 ACTIONS TO THE EXTENT OTHERWISE CONSISTENT WITH THE JURISDICTION OF  THE
 BOARD PURSUANT TO THIS CHAPTER:
   (1) TAKE ANY ACTION AUTHORIZED BY SECTION 2-122-A OF THIS CHAPTER;
   (2)  TAKE  ANY ACTION RELATED TO THE CREATION, CONSOLIDATION, DIVISION
 OR ALTERATION OF ELECTION DISTRICTS PURSUANT TO SECTION  4-100  OF  THIS
 CHAPTER  AND  THE DESIGNATION OF POLL SITES PURSUANT TO SECTION 4-104 OF
 THIS CHAPTER;
   (3) MAKE DETERMINATIONS REGARDING THE NOMINATION  AND  DESIGNATION  OF
 CANDIDATES FOR PUBLIC OFFICE AND PARTY POSITIONS PURSUANT TO ARTICLE SIX
 OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (4)  MAKE  DETERMINATIONS  REGARDING  THE FORM AND CONTENT OF BALLOTS,
 INCLUDING BUT NOT LIMITED TO THE DETERMINATION OF CANDIDATES  AND  QUES-
 TIONS  TO APPEAR ON THE BALLOT PURSUANT TO SECTION 4-114 OF THIS CHAPTER
 AND THE CERTIFICATION OF BALLOTS PURSUANT TO TITLE ONE OF ARTICLE  SEVEN
 OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (5)  ADOPT  RESOLUTIONS  ELIMINATING  MEETINGS  FOR LOCAL REGISTRATION
 PURSUANT TO SUBDIVISION SIX OF SECTION 5-202 OF THIS CHAPTER;
   (6) MAKE DETERMINATIONS CONCERNING CHALLENGES  TO  VOTER  REGISTRATION
 AND  APPLICATIONS  OF  VOTERS  UNLAWFULLY  DENIED THE RIGHT TO REGISTER,
 PURSUANT TO TITLE TWO OF ARTICLE FIVE OF THIS CHAPTER;
   (7) MAKE DETERMINATIONS CONCERNING THE  ADOPTION  AND  USE  OF  VOTING
 MACHINES OR SYSTEMS PURSUANT TO SECTION 7-200 OF THIS CHAPTER;
   (8) CANVASS ELECTION RESULTS AND PERFORM ALL FUNCTIONS OF THE BOARD OF
 CANVASSERS  IN  THE  CITY  OF NEW YORK, INCLUDING BUT NOT LIMITED TO THE
 CERTIFICATION OF ELECTION RESULTS, PURSUANT TO ARTICLE NINE OR ANY OTHER
 RELEVANT PROVISION OF THIS CHAPTER;
   (9) TAKE ANY ACTION AUTHORIZED BY SECTION 3-218 OF THIS ARTICLE;
   (10) APPROVE ANY CONTRACT WHERE THE VALUE OF THE CONTRACT  EXCEEDS  OR
 PROJECTS  AN  ANNUAL  EXPENDITURE  EXCEEDING ONE MILLION DOLLARS FOR THE
 FISCAL YEAR OR WHERE THE VALUE OF ANY  CONTRACTS  AWARDED  TO  A  SINGLE
 ENTITY  EXCEEDS  OR  IS  PROJECTED TO EXCEED ONE MILLION DOLLARS FOR THE
 FISCAL YEAR; AND
   (11) PROMULGATE REGULATIONS, ISSUE ORDERS AND MAKE DECISIONS REGARDING
 GENERAL POLICIES AFFECTING THE ADMINISTRATION OF ELECTIONS OF  THE  CITY
 OF NEW YORK.
   (C) THE EXECUTIVE DIRECTOR AND DEPUTY EXECUTIVE DIRECTOR SHALL COLLEC-
 TIVELY  SERVE  AS  THE CHIEF EXECUTIVE FOR THE BOARD OF ELECTIONS OF THE
 CITY OF NEW YORK AND SHALL COLLECTIVELY EXERCISE ALL  THEIR  POWERS  AND
 DUTIES IN A MANNER NOT INCONSISTENT WITH THE POLICIES OF THE BOARD. SUCH
 POWERS AND DUTIES SHALL INCLUDE BUT NOT BE LIMITED TO:
   (1) APPOINTING, AND AT THEIR PLEASURE REMOVING, CLERKS, VOTING MACHINE
 TECHNICIANS,  CUSTODIANS  AND  OTHER  EMPLOYEES,  FIXING  THEIR  NUMBER,
 PRESCRIBING THEIR DUTIES, FIXING THEIR TITLES AND RANK AND  ESTABLISHING
 THEIR  SALARIES WITHIN THE AMOUNTS APPROPRIATED THEREFOR BY THE NEW YORK
 CITY COUNCIL. THEY SHALL SECURE IN THE APPOINTMENT  OF  EMPLOYEES  EQUAL
 REPRESENTATION  OF  THE  MAJOR POLITICAL PARTIES. THE EXECUTIVE DIRECTOR
 AND DEPUTY EXECUTIVE DIRECTOR MAY EACH DELEGATE POWERS AND DUTIES TO THE

 S. 6877                             3
 
 OTHER, AND MAY COLLECTIVELY DELEGATE POWERS AND DUTIES TO  EMPLOYEES  IN
 FURTHERANCE OF THE PURPOSES OF THIS CHAPTER;
   (2) EXERCISING THE POWERS AND DUTIES DELEGATED TO BOARDS OF ELECTIONS,
 OR  SPECIFICALLY  TO  THE  BOARD  OF  ELECTIONS OF THE CITY OF NEW YORK,
 EXCEPT WHERE SUCH POWERS AND DUTIES  ARE  EXPRESSLY  RESERVED  FOR  SUCH
 BOARD  PURSUANT  TO  THIS SUBDIVISION, IN ALL MATTERS RELATING TO QUALI-
 FICATION OF VOTERS, VOTER REGISTRATION AND ENROLLMENT,  CANCELLATION  OF
 VOTER  REGISTRATION,  CHANGE  OF  VOTER  STATUS AND REGISTRATION RECORDS
 PURSUANT TO ARTICLE FIVE OF THIS CHAPTER; AND
   (3) EXERCISING THE POWERS AND DUTIES DELEGATED TO BOARDS OF ELECTIONS,
 OR SPECIFICALLY TO THE BOARD OF ELECTIONS OF THE CITY OF  NEW  YORK,  IN
 ALL  MATTERS  RELATED  TO THE ADMINISTRATION OF ELECTIONS IN THE CITY OF
 NEW YORK NOT OTHERWISE SPECIFIED IN  PARAGRAPHS  ONE  AND  TWO  OF  THIS
 SUBDIVISION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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