S T A T E   O F   N E W   Y O R K
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                                   11169
 
                           I N  A S S E M B L Y
 
                             December 4, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Rozic) --
   read once and referred to the Committee on Election Law
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08885-03-0

 A. 11169                            2

 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 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;
   (2)  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;
   (3) 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;
   (4) ADOPT RESOLUTIONS  ELIMINATING  MEETINGS  FOR  LOCAL  REGISTRATION
 PURSUANT TO SUBDIVISION SIX OF SECTION 5-202 OF THIS CHAPTER;
   (5)  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;
   (6)  MAKE  DETERMINATIONS  CONCERNING  THE  ADOPTION AND USE OF VOTING
 MACHINES OR SYSTEMS PURSUANT TO SECTION 7-200 OF THIS CHAPTER;
   (7) 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;
   (8) TAKE ANY ACTION AUTHORIZED BY SECTION 3-218 OF THIS ARTICLE;
   (9) APPROVE ANY CONTRACT WHERE:
   (I)  SUCH  CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER THAN COMPET-
 ITIVE SEALED BIDDING WHERE  THE  CONTRACT  WAS  AWARDED  TO  THE  LOWEST
 RESPONSIBLE BIDDER;
   (II)  SUCH  CONTRACT  PROVIDES  FOR  TECHNICAL, CONSULTANT OR PERSONAL
 SERVICES;
   (III) THE VALUE OF THE CONTRACT EXCEEDS OR PROJECTS AN ANNUAL EXPENDI-
 TURE EXCEEDING ONE MILLION DOLLARS FOR THE  FISCAL  YEAR  OR  WHERE  THE
 VALUE OF ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS OR IS PROJECT-
 ED TO EXCEED ONE MILLION DOLLARS FOR THE FISCAL YEAR; AND
   (10) 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.  THE
 EXECUTIVE DIRECTOR AND  DEPUTY  EXECUTIVE  DIRECTOR  MAY  EACH  DELEGATE
 POWERS AND DUTIES TO THE OTHER, AND MAY COLLECTIVELY DELEGATE POWERS AND
 DUTIES  TO  EMPLOYEES  IN  FURTHERANCE  OF THE PURPOSES OF THIS CHAPTER.
 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

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 THEIR SALARIES WITHIN THE AMOUNTS APPROPRIATED THEREFOR BY THE NEW  YORK
 CITY  COUNCIL,  PROVIDED  THAT  THIS  SUBPARAGRAPH  SHALL NOT AFFECT THE
 FIXING OF A DAILY RATE OF COMPENSATION PURSUANT TO  SUBDIVISION  ONE  OF
 SECTION  3-420 OF THIS ARTICLE.  THEY SHALL SECURE IN THE APPOINTMENT OF
 EMPLOYEES EQUAL REPRESENTATION OF THE MAJOR POLITICAL PARTIES.  IN EXER-
 CISING THE POWERS CONFERRED  BY  THIS  PARAGRAPH  WITH  RESPECT  TO  THE
 APPOINTMENT  OF  EMPLOYEES,  THE EXECUTIVE DIRECTOR AND DEPUTY EXECUTIVE
 DIRECTOR SHALL, IN CONSULTATION WITH THE NEW  YORK  CITY  DEPARTMENT  OF
 CITYWIDE  ADMINISTRATIVE  SERVICES ESTABLISH WRITTEN POLICIES AND PROCE-
 DURES ON PERSONNEL, OTHER THAN THOSE PAID AT A DAILY  RATE  PURSUANT  TO
 SUBDIVISION  ONE OF SECTION 3-420 OF THIS ARTICLE, WITHIN NINETY DAYS OF
 THE EFFECTIVE DATE OF THIS PARAGRAPH. SUCH POLICIES AND PROCEDURES SHALL
 INCLUDE:
   (I) SPECIFICATIONS SETTING FORTH THE QUALIFICATIONS FOR AND THE NATURE
 AND SCOPE OF  THE  DUTIES  AND  RESPONSIBILITIES  OF  EACH  TITLE,  WITH
 APPOINTMENTS  TO  BE  MADE CONSISTENT WITH SUCH SPECIFICATIONS, PROVIDED
 THAT APPOINTMENTS SHALL SECURE EQUAL REPRESENTATION OF THE  MAJOR  POLI-
 TICAL  PARTIES.  SUCH  SPECIFICATIONS SHALL IN ADDITION TO SECURING SUCH
 REPRESENTATION, GIVE DUE WEIGHT TO  SENIORITY,  PREVIOUS  TRAININGS  AND
 EXPERIENCE,  EDUCATION  AND  PROFESSIONAL  CREDENTIALS,  AND PERFORMANCE
 RATINGS WHERE AVAILABLE.  THIS  PARAGRAPH  SHALL  NOT  BE  CONSTRUED  TO
 REQUIRE  THE PREPARATION OF ADMINISTRATION OF COMPETITIVE EXAMINATION OF
 ELIGIBLE LIST FOR ANY TITLE, NOR SHALL IT BE CONSTRUED  TO  REQUIRE  THE
 TERMINATION  OF ANY INDIVIDUAL EMPLOYED BY THE BOARD OF ELECTIONS OF THE
 CITY OF NEW YORK PRIOR TO THE ESTABLISHMENT OF SUCH SPECIFICATIONS;
   (II) POLICIES PROTECTING EMPLOYEES  FROM  RETALIATION  FOR  DISCLOSING
 INFORMATION  CONCERNING  ACTS  OF WRONGDOING, MISCONDUCT, MALFEASANCE OF
 OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER;
   (III) POLICIES PROVIDING FOR APPROPRIATE ONGOING TRAINING  OF  EMPLOY-
 EES,  INCLUDING THOSE INDIVIDUALS EMPLOYED PRIOR TO THE ESTABLISHMENT OF
 SUCH POLICIES, WITH THE PURPOSE OF ENSURING THAT ALL EMPLOYEES HAVE  THE
 KNOWLEDGE AND EXPERIENCE TO FULFILL THE DUTIES OF THE POSITION THAT THEY
 HOLD; AND
   (IV)  POLICIES ESTABLISHING AN EMPLOYEE PERFORMANCE EVALUATION PROGRAM
 BASED UPON EVIDENCE OF WORK ACTUALLY PERFORMED BY EMPLOYEES AS  COMPARED
 WITH PRE-ESTABLISHED PERFORMANCE STANDARDS;
   (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 SUBPARAGRAPHS ONE AND  TWO  OF  THIS
 PARAGRAPH.
   § 2. Subdivision 3 of section 4-136 of the election law, as amended by
 chapter 155 of the laws of 2010, is amended to read as follows:
   3.  In  the  city  of  New  York  all  leased  or purchased equipment,
 supplies, ballots, printing and publications, except  newspaper  notices
 and  advertisements,  to  be  used  or  furnished  by such board, may be
 procured for it by the purchasing department or agency of such  city  as
 if  such board were an agency of such city. Such board shall comply with
 the rules and regulations of the New York city procurement policy  board

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 and  applicable  state law FOR ALL PURCHASE CONTRACTS, INCLUDING BUT NOT
 LIMITED TO PURCHASE OF GOODS, SERVICES OR TECHNOLOGY.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.