Assembly Bill A1244D

2023-2024 Legislative Session

Prohibits conflicts of interest among board of elections employees

download bill text pdf

Sponsored By

Current Bill Status Via S612 - Passed Assembly

  • 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

co-Sponsors

2023-A1244 - Details

See Senate Version of this Bill:
S612
Law Section:
Election Law
Laws Affected:
Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:
A7561, S4542

2023-A1244 - 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.

2023-A1244 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1244
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Election Law
 
 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
 REMAIN  IN  "LEAVE  WITHOUT  PAY"  STATUS  UNTIL SUCH TIME AS HIS OR HER
 CANDIDACY SHALL CEASE, OR UPON THE DAY FOLLOWING  THE  CERTIFICATION  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02172-01-3

co-Sponsors

2023-A1244A - Details

See Senate Version of this Bill:
S612
Law Section:
Election Law
Laws Affected:
Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:
A7561, S4542

2023-A1244A - 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.

2023-A1244A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1244--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. JACOBSON, EACHUS, GUNTHER, McDONALD, GIBBS --
   read once and referred to the Committee on Election Law  --  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, WITH THE EXCEPTION OF A MEMBER OF A COUNTY COMMITTEE
 AS  DEFINED  IN  SECTION  2-104 OF THIS CHAPTER AND A DISTRICT LEADER AS
 OUTLINED IN SECTION 2-110 OF THIS CHAPTER, SHALL ENGAGE  IN  OR  PARTIC-
 IPATE  IN ANY TRADE OR BUSINESS WHICH CREATES, OR MAY TEND TO CREATE, AN
 ACTUAL OR POTENTIAL CONFLICT OF INTEREST. NO BOARD OF ELECTIONS  EMPLOY-
 EE,  WITH  THE EXCEPTION OF A MEMBER OF A COUNTY COMMITTEE AS DEFINED IN
 SECTION 2-104 OF THIS CHAPTER AND  A  DISTRICT  LEADER  AS  OUTLINED  IN
 SECTION  2-110  OF  THIS  CHAPTER,  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  COMPANIES. NO BOARD OF
 ELECTIONS EMPLOYEE, WITH THE EXCEPTION OF A MEMBER OF A COUNTY COMMITTEE
 AS DEFINED IN SECTION 2-104 OF THIS CHAPTER AND  A  DISTRICT  LEADER  AS
 OUTLINED  IN  SECTION  2-110 OF THIS CHAPTER, SHALL MAINTAIN A FINANCIAL
 INTEREST, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02172-07-3
 A. 1244--A                          2

co-Sponsors

multi-Sponsors

2023-A1244B - Details

See Senate Version of this Bill:
S612
Law Section:
Election Law
Laws Affected:
Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:
A7561, S4542

2023-A1244B - 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.

2023-A1244B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1244--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. JACOBSON, EACHUS, GUNTHER, McDONALD, GIBBS --
   read once and referred to the Committee on Election Law  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- recommitted to the Committee on Election Law in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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  OR BE EMPLOYED BY A
 VENDOR OR 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 COMPANIES. NO BOARD OF ELECTIONS EMPLOY-
 EE SHALL MAINTAIN A FINANCIAL INTEREST, DIRECTLY OR INDIRECTLY, IN OR BE
 EMPLOYED BY A VENDOR OR COMPANY THAT SELLS TO THE BOARD VOTING MACHINES,
 ELECTRONIC  POLL BOOKS, PRINTERS OR OTHER TECHNICAL OR ELECTRONIC EQUIP-
 MENT. 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.  (A)  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02172-26-4

co-Sponsors

multi-Sponsors

2023-A1244C - Details

See Senate Version of this Bill:
S612
Law Section:
Election Law
Laws Affected:
Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:
A7561, S4542

2023-A1244C - 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.

2023-A1244C - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1244--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. JACOBSON, EACHUS, GUNTHER, McDONALD, GIBBS, ARDI-
   LA,  SIMON, DAVILA -- Multi-Sponsored by -- M. of A. LEVENBERG -- read
   once and referred to  the  Committee  on  Election  Law  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- recommitted to the Committee on Election Law in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- recommitted to the Committee on Election Law in accordance with
   Assembly Rule 3, sec. 2 -- 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
 DIRECT  FINANCIAL  INTEREST  IN  OR BE EMPLOYED BY A VENDOR OR 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 MARKET-
 ING COMPANIES. NO BOARD OF ELECTIONS EMPLOYEE SHALL  MAINTAIN  A  DIRECT
 FINANCIAL  INTEREST  IN OR BE EMPLOYED BY A VENDOR OR COMPANY THAT SELLS
 TO THE BOARD VOTING MACHINES, ELECTRONIC POLL BOOKS, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02172-29-4
 A. 1244--C                          2

co-Sponsors

multi-Sponsors

2023-A1244D (ACTIVE) - Details

See Senate Version of this Bill:
S612
Law Section:
Election Law
Laws Affected:
Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:
A7561, S4542

2023-A1244D (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.

2023-A1244D (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1244--D
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. JACOBSON, EACHUS, GUNTHER, McDONALD, GIBBS, ARDI-
   LA,  SIMON, DAVILA, SIMONE -- Multi-Sponsored by -- M. of A. LEVENBERG
   -- read once and referred to the Committee on Election Law --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee -- recommitted to the Committee  on  Election
   Law   in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Election  Law  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee -- reported and referred to the Committee on Codes -- reported and
   referred  to the Committee on Rules -- recommitted to the Committee on
   Election Law in accordance with Assembly Rule 3, sec. 2  --  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
 DIRECT FINANCIAL INTEREST IN OR BE EMPLOYED BY A  VENDOR  OR  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 MARKET-
 ING  COMPANIES.  NO  BOARD OF ELECTIONS EMPLOYEE SHALL MAINTAIN A DIRECT
 FINANCIAL INTEREST IN OR BE EMPLOYED BY A VENDOR OR COMPANY  THAT  SELLS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02172-31-4

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