Senate Bill S4542A

2021-2022 Legislative Session

Prohibits conflicts of interest among board of elections employees

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

2021-S4542 - Details

See Assembly Version of this Bill:
A7561
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Add §3-304, El L
Versions Introduced in 2023-2024 Legislative Session:
S612, A1244

2021-S4542 - Summary

Prohibits conflicts of interest among board of elections employees; prevents a board of elections employee from remaining on the board of elections payroll while also a candidate for an office who has an election overseen by the board at which they are employed; allows for a member to remain on the board until 90 days before the general election if there is no primary for such office.

2021-S4542 - Sponsor Memo

2021-S4542 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4542
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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  conflicts
   of interest among board of elections employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election law is amended by adding a new  section  3-304
 to read as follows:
   §  3-304.  BOARD  EMPLOYEES;  CONFLICTS  OF  INTEREST.  1. NO BOARD OF
 ELECTIONS EMPLOYEE SHALL ENGAGE IN OR PARTICIPATE IN ANY TRADE OR  BUSI-
 NESS  WHICH  CREATES,  OR  MAY  TEND  TO  CREATE, AN ACTUAL OR POTENTIAL
 CONFLICT OF INTEREST. NO BOARD OF ELECTIONS EMPLOYEE  SHALL  MAINTAIN  A
 FINANCIAL  INTEREST,  DIRECTLY  OR  INDIRECTLY,  IN  A COMPANY PROVIDING
 SERVICES TO A CANDIDATE WHO HAS AN ELECTION OVERSEEN BY SUCH  EMPLOYEE'S
 OFFICE,  INCLUDING  BUT  NOT  LIMITED  TO,  PRINTING COMPANIES, ELECTION
 CONSULTING COMPANIES, DIRECT MAIL COMPANIES AND DIGITAL MARKETING COMPA-
 NIES. NO BOARD OF ELECTIONS EMPLOYEE SHALL MAINTAIN A  FINANCIAL  INTER-
 EST,  DIRECTLY  OR INDIRECTLY, IN A VENDOR THAT SELLS VOTING MACHINES. A
 VIOLATION OF ANY OF THE PROVISIONS OF THIS SUBDIVISION  SHALL  BE  CAUSE
 FOR DISCIPLINE BY THE BOARD OF ELECTIONS, INCLUDING REMOVAL OF THE BOARD
 OF ELECTIONS EMPLOYEE.
   2.  NO  BOARD  OF  ELECTIONS  EMPLOYEE  SHALL  REMAIN  ON THE BOARD OF
 ELECTIONS PAYROLL WHILE ALSO A  CANDIDATE  FOR  AN  OFFICE  WHO  HAS  AN
 ELECTION  OVERSEEN  BY  THE  BOARD  AT  WHICH THEY ARE EMPLOYED. FOR THE
 PURPOSES OF THIS ARTICLE, A BOARD OF ELECTIONS EMPLOYEE SHALL BE  DEEMED
 A CANDIDATE FOR ELECTIVE OFFICE UPON THE FILING OF DESIGNATING PETITIONS
 FOR  SUCH  OFFICE  OR,  WHERE NOMINATIONS FOR SUCH OFFICE ARE MADE OTHER
 THAN BY PETITION, UPON ACCEPTANCE OF A  NOMINATION.  SUCH  EMPLOYEE  MAY
 REMAIN  IN  "LEAVE  WITHOUT  PAY"  STATUS  UNTIL SUCH TIME AS HIS OR HER
 CANDIDACY SHALL CEASE, OR UPON THE DAY FOLLOWING  THE  CERTIFICATION  OF
 ELECTION RESULTS FOR SUCH OFFICE, WHICHEVER COMES FIRST. NOTWITHSTANDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-S4542A (ACTIVE) - Details

See Assembly Version of this Bill:
A7561
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Add §3-304, El L
Versions Introduced in 2023-2024 Legislative Session:
S612, A1244

2021-S4542A (ACTIVE) - Summary

Prohibits conflicts of interest among board of elections employees; prevents a board of elections employee from remaining on the board of elections payroll while also a candidate for an office who has an election overseen by the board at which they are employed; allows for a member to remain on the board until 90 days before the general election if there is no primary for such office.

2021-S4542A (ACTIVE) - Sponsor Memo

2021-S4542A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4542--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Elections  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the election law, in relation to prohibiting conflicts
   of interest among board of elections employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The election law is amended by adding a new section 3-304
 to read as follows:
   § 3-304. BOARD EMPLOYEES;  CONFLICTS  OF  INTEREST.  1.  NO  BOARD  OF
 ELECTIONS  EMPLOYEE SHALL ENGAGE IN OR PARTICIPATE IN ANY TRADE OR BUSI-
 NESS WHICH CREATES, OR MAY  TEND  TO  CREATE,  AN  ACTUAL  OR  POTENTIAL
 CONFLICT  OF  INTEREST.  NO BOARD OF ELECTIONS EMPLOYEE SHALL MAINTAIN A
 FINANCIAL INTEREST, DIRECTLY  OR  INDIRECTLY,  IN  A  COMPANY  PROVIDING
 SERVICES  TO A CANDIDATE WHO HAS AN ELECTION OVERSEEN BY SUCH EMPLOYEE'S
 OFFICE, INCLUDING BUT  NOT  LIMITED  TO,  PRINTING  COMPANIES,  ELECTION
 CONSULTING COMPANIES, DIRECT MAIL COMPANIES AND DIGITAL MARKETING COMPA-
 NIES.  NO  BOARD OF ELECTIONS EMPLOYEE SHALL MAINTAIN A FINANCIAL INTER-
 EST, DIRECTLY OR INDIRECTLY, IN OR BE EMPLOYED BY A  VENDOR  OR  COMPANY
 THAT  SELLS  VOTING  MACHINES,  ELECTRONIC  POLLBOOKS, PRINTERS OR OTHER
 TECHNICAL OR ELECTRONIC EQUIPMENT.  A VIOLATION OF ANY OF THE PROVISIONS
 OF THIS SUBDIVISION SHALL BE  CAUSE  FOR  DISCIPLINE  BY  THE  BOARD  OF
 ELECTIONS, INCLUDING REMOVAL OF THE BOARD OF ELECTIONS EMPLOYEE.
   2.  NO  BOARD  OF  ELECTIONS  EMPLOYEE  SHALL  REMAIN  ON THE BOARD OF
 ELECTIONS PAYROLL WHILE ALSO A  CANDIDATE  FOR  AN  OFFICE  WHO  HAS  AN
 ELECTION  OVERSEEN  BY  THE  BOARD  AT  WHICH THEY ARE EMPLOYED. FOR THE
 PURPOSES OF THIS ARTICLE, A BOARD OF ELECTIONS EMPLOYEE SHALL BE  DEEMED
 A CANDIDATE FOR ELECTIVE OFFICE UPON THE FILING OF DESIGNATING PETITIONS
 FOR  SUCH  OFFICE  OR,  WHERE NOMINATIONS FOR SUCH OFFICE ARE MADE OTHER
 THAN BY PETITION, UPON ACCEPTANCE OF A  NOMINATION.  SUCH  EMPLOYEE  MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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