S T A T E O F N E W Y O R K
________________________________________________________________________
662
2023-2024 Regular Sessions
I N A S S E M B L Y
January 11, 2023
___________
Introduced by M. of A. ROZIC, BICHOTTE HERMELYN, SIMON, GALLAGHER,
ANDERSON, BURGOS, CARROLL, SEAWRIGHT, HEVESI, L. ROSENTHAL, MAMDANI,
REYES -- 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. Notwithstanding any inconsistent provision of law to the
contrary, on the effective date of this act the term of each commission-
er of the New York City Board of Elections, or any vacant position,
shall be deemed expired, and each such commissioner or vacant position
shall be replaced with new appointments made pursuant to this section.
In the city of New York, the county committee of each major political
party shall, within sixty days after the effective date of this act,
file a certificate of party recommendation with the clerk of the city
council of the city of New York recommending one qualified individual
for consideration to serve as a commissioner of elections. The city
council shall immediately, or as soon as practicable but no more than
thirty days thereafter, hold a public hearing on such recommendations,
and provided further, no more than thirty days thereafter confirm two
qualified individuals for such positions, who shall succeed those indi-
viduals whose terms shall have expired pursuant to this section.
§ 2. The section heading and subdivision 3 of section 3-200 of the
election law, the section heading as amended by chapter 373 of the laws
of 1978, are amended to read as follows:
Boards of elections; creation, qualifications of commissioners,
removal; ADDITIONAL QUALIFICATIONS AND TRAINING IN THE CITY OF NEW YORK.
3. In the city of New York the board shall consist of [ten] TWO
commissioners of election who [shall be registered voters in the county
for which they are appointed and they] shall be appointed by the city
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02544-01-3
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council of the city of New York. [Not more than two commissioners shall
be registered voters of the same county] NO TWO COMMISSIONERS MAY BE
RESIDENTS OF THE SAME COUNTY OR REGISTERED VOTERS OF THE SAME PARTY.
§ 3. Subdivisions 2 and 4 of section 3-204 of the election law, subdi-
vision 2 as amended by chapter 453 of the laws of 1997, and subdivision
4 as amended by chapter 116 of the laws of 2010, are amended to read as
follows:
2. (A) Party recommendations for election commissioner shall be made
by the county committee or by such other committee as the rules of the
party may provide, by a majority of the votes cast at a meeting of the
members of such committee at which a quorum is present. If at any time a
vacancy occurs in the office of any election commissioner other than by
expiration of term of office, party recommendations to fill such vacancy
shall be made by the county committee or by such other committee as the
rules of the party may provide, by a majority of the votes cast at a
meeting of the members of such committee at which a quorum is present.
(B) PARTY RECOMMENDATIONS FOR ELECTION COMMISSIONER IN THE CITY OF NEW
YORK OR TO FILL A VACANCY IN SUCH OFFICE SHALL BE MADE BY THE COUNTY
COMMITTEE OR BY SUCH OTHER COMMITTEE AS THE RULES OF THE PARTY MAY
PROVIDE, BY A MAJORITY OF THE VOTES CAST AT A MEETING OF THE MEMBERS OF
SUCH COMMITTEE AT WHICH A QUORUM IS PRESENT. EACH PARTY SHALL, WITHIN
SIXTY DAYS OF A VACANCY, FILE A CERTIFICATE OF PARTY RECOMMENDATION WITH
THE CLERK OF THE CITY COUNCIL OF THE CITY OF NEW YORK RECOMMENDING ONE
INDIVIDUAL FOR CONSIDERATION TO SERVE AS A COMMISSIONER OF ELECTIONS.
THE CITY COUNCIL SHALL IMMEDIATELY, OR AS SOON AS PRACTICABLE BUT NO
MORE THAN THIRTY DAYS THEREAFTER, HOLD A PUBLIC HEARING ON SUCH RECOM-
MENDATIONS AND PROVIDED FURTHER, NO MORE THAN THIRTY DAYS THEREAFTER
CONFIRM AN INDIVIDUAL FOR SUCH POSITION.
4. Commissioners of election shall be appointed by the county legisla-
tive body, or in the city of New York, by the city council FOLLOWING A
PUBLIC HEARING. Provided, however, that if a legislative body shall
fail to appoint any person recommended by a party for appointment as a
commissioner pursuant to this section, within thirty days after the
filing of a certificate of recommendation with such legislative body,
then the members of such legislative body who are members of the poli-
tical party which filed such certificate may appoint such person. And
further provided, if there are no members of the legislative body who
are members of the political party which filed such certificate, the
appointment shall take effect upon the expiration of thirty days from
the date that the certificate was filed. If none of the persons named in
any of the certificates filed by a party are so appointed within sixty
days after the filing of any such certificate, then such party may file
another certificate within thirty days after the expiration of any such
sixty day period recommending a different person for such appointment.
If a party fails to file a certificate within the time prescribed by
this section, the members of the legislative body who are members of
such party may appoint any eligible person to such office.
§ 4. The section heading of section 3-212 of the election law is
amended and a new subdivision 6 is added to read as follows:
Boards of elections; organization, proceedings, reports and records;
BUDGET REPORTING IN THE CITY OF NEW YORK.
6. IF, AT ANY TIME DURING THE CITY FISCAL YEAR OF THE CITY OF NEW
YORK, THE DIRECTOR OF MANAGEMENT AND BUDGET OF SUCH CITY DETERMINES THAT
THE EXPENDITURES OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK ARE
REASONABLY LIKELY TO EXCEED APPROPRIATIONS TO SUCH BOARD FOR PERSONNEL
SERVICES OR OTHER THAN PERSONNEL SERVICES FOR A QUARTER OF THE FISCAL
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YEAR, BASED UPON A REASONABLE ALLOTMENT BY SUCH DIRECTOR OF SUCH APPRO-
PRIATIONS TO SUCH QUARTER, OR FOR THE ENTIRE FISCAL YEAR, SUCH DIRECTOR
SHALL PROVIDE WRITTEN NOTICE OF SUCH DETERMINATION TO THE EXECUTIVE
DIRECTOR OF SUCH BOARD, THE MAYOR OF SUCH CITY, THE SPEAKER OF THE CITY
COUNCIL OF SUCH CITY, AND THE PUBLIC ADVOCATE OF SUCH CITY, TOGETHER
WITH ANY RELEVANT REQUESTS FOR ADDITIONAL DATA OR INFORMATION THAT THE
DIRECTOR DETERMINES TO BE MATERIAL TO SUCH BOARD'S LEVEL OF EXPENDI-
TURES. WITHIN TWENTY DAYS OF RECEIVING SUCH NOTICE, SUCH EXECUTIVE
DIRECTOR SHALL SUBMIT TO SUCH DIRECTOR, MAYOR, PUBLIC ADVOCATE AND
SPEAKER A PROJECTION OF WHETHER AND BY WHAT AMOUNT IT WILL EXCEED ITS
APPROPRIATIONS FOR PERSONNEL SERVICES AND OTHER THAN PERSONNEL SERVICES
FOR EACH QUARTER AND THE ENTIRE FISCAL YEAR, TOGETHER WITH A DETAILED
EXPLANATION OF THE NEEDS JUSTIFYING ANY SUCH PROJECTED EXCESS EXPENDI-
TURES. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT THE
DIRECTOR FROM REQUIRING THE FURNISHING OF DATA AND INFORMATION, AND
ANSWERS TO PERTINENT INQUIRIES, AT ANY TIME IN ACCORDANCE WITH SECTION
TWO HUNDRED TWENTY-FIVE OF THE NEW YORK CITY CHARTER.
§ 5. 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 OR HER title and prescribe his OR HER duties. [In]
2. THERE SHALL BE EQUAL REPRESENTATION OF THE MAJOR POLITICAL PARTIES
AMONG THOSE EMPLOYEES OF THE BOARD OF ELECTIONS CHARGED WITH THE DUTY OF
QUALIFYING VOTERS, DISTRIBUTING BALLOTS TO VOTERS, OR RECEIVING, RECORD-
ING OR COUNTING VOTES AT ELECTIONS.
3. (A) NOTWITHSTANDING ANY PROVISION OF GENERAL, SPECIAL OR LOCAL LAW,
IN the city of New York, [the board of elections shall appoint] an exec-
utive director [and a deputy executive director whose duties it shall be
to supervise the operations of the board of elections under the super-
vision of such board] SHALL BE APPOINTED AND MAY BE REMOVED, IN A MANNER
SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION. IT SHALL BE THEIR DUTY
TO SUPERVISE THE OPERATIONS OF THE BOARD OF ELECTIONS IN ACCORDANCE WITH
THIS SUBDIVISION. THE EXECUTIVE DIRECTOR SHALL BE SELECTED FOLLOWING A
NATIONWIDE SEARCH FOR QUALIFIED AND EXPERIENCED CANDIDATES. THEY SHALL
SERVE A TERM OF FOUR YEARS.
(B) THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK SHALL ADVISE THE
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,
PRE-REGISTRATION, ENROLLMENT OR QUALIFICATIONS OF ANY SPECIFIC VOTER OR
APPLICANT. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE OR
AUTHORIZE THE DAY-TO-DAY SUPERVISION OF THE EXECUTIVE DIRECTOR BY THE
BOARD. THE BOARD MAY DELEGATE POWERS AND DUTIES CONFERRED UPON THE BOARD
TO THE EXECUTIVE DIRECTOR, TO BE EXERCISED CONSISTENT WITH PARAGRAPH (E)
OF THIS SUBDIVISION. IN THE CASE OF A VACANCY, AN EXECUTIVE DIRECTOR
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SHALL BE APPOINTED TO SERVE THE REMAINDER OF THE UNEXPIRED TERM ACCORD-
ING TO THE ORIGINAL MANNER OF APPOINTMENT OF THE PREVIOUS EXECUTIVE
DIRECTOR.
(C)(1) FOR PURPOSES OF THIS PARAGRAPH AND PARAGRAPH (F) OF THIS
SUBDIVISION, THE TERM "APPOINTING AUTHORITIES" SHALL MEAN THE MAYOR OF
THE CITY OF NEW YORK, THE SPEAKER OF THE CITY COUNCIL OF SUCH CITY, AND
THE PUBLIC ADVOCATE OF SUCH CITY, WHO SHALL ACT PURSUANT TO THIS SUBDI-
VISION BY CONCURRING ACTION OF AT LEAST TWO OF SUCH OFFICIALS, PROVIDED
THAT THE MAYOR SHALL BE ONE OF THE CONCURRING OFFICIALS.
(2) NO EARLIER THAN THE FIRST DAY OF JANUARY AND NO LATER THAN THE
FIRST DAY OF FEBRUARY IN TWO THOUSAND TWENTY-FOUR AND IN EVERY CALENDAR
YEAR THEREAFTER DURING WHICH THE FOUR-YEAR TERM OF THE EXECUTIVE DIREC-
TOR IS TO EXPIRE, THE COMMISSIONERS OF ELECTION FOR EACH POLITICAL PARTY
SHALL FILE ONE OR MORE CERTIFICATES OF PARTY RECOMMENDATION WITH THE
APPOINTING AUTHORITIES, AS DESCRIBED IN THIS PARAGRAPH.
(3) PARTY RECOMMENDATIONS FOR EXECUTIVE DIRECTOR SHALL BE MADE BY THE
COMMISSIONER OF ELECTION FOR EACH POLITICAL PARTY. SUCH COMMISSIONER
SHALL RECOMMEND NO FEWER THAN THREE CANDIDATES FOR THE POSITION OF EXEC-
UTIVE DIRECTOR. IF AT ANY TIME A VACANCY OCCURS IN THE OFFICE OF EXECU-
TIVE DIRECTOR OTHER THAN BY EXPIRATION OF TERM OF OFFICE, OR IF A
REQUEST FOR ADDITIONAL CANDIDATES IS MADE BY THE APPOINTING AUTHORITIES
PURSUANT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH, PARTY RECOMMENDATIONS
TO FILL SUCH VACANCY SHALL BE MADE WITHIN THIRTY DAYS. IF FEWER THAN
THREE CANDIDATES ARE RECOMMENDED IN A TIMELY MANNER BY THE COMMISSIONER
OF ELECTION FOR THE APPLICABLE POLITICAL PARTY THEN THE MEMBERS OF THE
CITY COUNCIL WHO ARE MEMBERS OF THE APPLICABLE POLITICAL PARTY MAY, BY
MAJORITY VOTE OF SUCH MEMBERS, FILE CERTIFICATES OF PARTY RECOMMENDATION
WITH THE APPOINTING AUTHORITIES WITHIN FIFTEEN DAYS AFTER THE EXPIRATION
OF THE TIME FOR FILING BY THE COMMISSIONERS OF ELECTION, SO AS TO
INCREASE THE TOTAL NUMBER OF CANDIDATES TO THREE. IF THE MEMBERS OF THE
CITY COUNCIL FROM ONE POLITICAL PARTY DO NOT RECOMMEND ANY CANDIDATES,
THE APPOINTING AUTHORITIES WILL CHOOSE FROM THE LIST OF CANDIDATES
SUBMITTED.
(4) CANDIDATES CONSIDERED FOR EXECUTIVE DIRECTOR MUST SATISFY ALL
QUALIFICATIONS REQUIRED FOR LOCAL OFFICERS PURSUANT TO THE PUBLIC OFFI-
CERS LAW. FURTHER, NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-THREE, THE STATE BOARD OF ELECTIONS SHALL PRESCRIBE ADDITIONAL
QUALIFICATIONS FOR THE POSITION OF EXECUTIVE DIRECTOR, WHICH SHALL APPLY
TO RECOMMENDATIONS AND APPOINTMENTS MADE THEREAFTER. SUCH QUALIFICATIONS
SHALL THEREAFTER BE REVIEWED BY SUCH BOARD AT LEAST EVERY TWO YEARS
AND UPDATED AS NECESSARY, AND SHALL BE PRESCRIBED ONLY AFTER CONSID-
ERATION OF THE SKILLS AND KNOWLEDGE NECESSARY OR USEFUL FOR THE EXERCISE
OF THE DUTIES AND RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR, AS WELL
AS THE ABILITY TO RECRUIT A SUFFICIENT NUMBER OF CANDIDATES TO BE EXECU-
TIVE DIRECTOR.
(5) THE EXECUTIVE DIRECTOR SHALL BE APPOINTED JOINTLY BY THE
APPOINTING AUTHORITIES IN ACCORDANCE WITH THIS SUBDIVISION, FROM AMONG
THE CANDIDATES RECOMMENDED PURSUANT TO SUBPARAGRAPH THREE OF THIS PARA-
GRAPH.
(6) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS PARAGRAPH, NO
EARLIER THAN THE FIRST DAY OF JANUARY AND NO LATER THAN THE THIRTY-FIRST
DAY OF JANUARY IN THE LAST YEAR OF THE TERM OF THE EXECUTIVE DIRECTOR,
THE APPOINTING AUTHORITIES AND COMMISSIONERS OF ELECTION, MAY AGREE TO
ISSUE A CERTIFICATE OF PARTY RECOMMENDATION AND APPOINTMENT TO REAPPOINT
SUCH EXECUTIVE DIRECTOR TO ANOTHER TERM OF OFFICE. IN SUCH EVENT, THE
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PROCESS OTHERWISE SPECIFIED IN SUBPARAGRAPHS TWO, THREE AND FOUR OF THIS
PARAGRAPH SHALL NOT APPLY.
(7) AN EXECUTIVE DIRECTOR MAY BE REMOVED FROM OFFICE FOR CAUSE BY
THE APPOINTING AUTHORITIES. IN ADDITION, AN EXECUTIVE DIRECTOR MAY BE
REMOVED WITHOUT CAUSE BY THE APPOINTING AUTHORITIES ACTING JOINTLY WITH
THE COMMISSIONERS OF ELECTION. ANY VACANCY SO RESULTING SHALL BE
FILLED IN THE MANNER PRESCRIBED BY THIS PARAGRAPH FOR FILLING VACANCIES.
(D) 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) MAKE DETERMINATIONS REGARDING THE NOMINATION AND DESIGNATION OF
CANDIDATES FOR PUBLIC OFFICE AND PARTY POSITIONS PURSUANT TO ARTICLE SIX
OF THIS CHAPTER OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
(2) 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
OF THIS CHAPTER OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
(3) ADOPT RESOLUTIONS ELIMINATING MEETINGS FOR LOCAL REGISTRATION
PURSUANT TO SUBDIVISION SIX OF SECTION 5-202 OF THIS CHAPTER;
(4) 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;
(5) MAKE DETERMINATIONS CONCERNING THE ADOPTION AND USE OF VOTING
MACHINES OR SYSTEMS PURSUANT TO SECTION 7-200 OF THIS CHAPTER;
(6) 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;
(7) TAKE ANY ACTION AUTHORIZED BY SECTION 3-218 OF THIS ARTICLE;
(8) 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
(9) PROMULGATE REGULATIONS, ISSUE ORDERS AND MAKE DECISIONS REGARDING
GENERAL POLICIES AFFECTING THE ADMINISTRATION OF ELECTIONS OF THE CITY
OF NEW YORK.
(E) THE EXECUTIVE DIRECTOR SHALL SERVE AS THE CHIEF EXECUTIVE FOR THE
BOARD OF ELECTIONS OF THE CITY OF NEW YORK AND SHALL EXERCISE ALL THEIR
POWERS AND DUTIES IN A MANNER NOT INCONSISTENT WITH THE POLICIES OF A
BOARD. THE EXECUTIVE DIRECTOR MAY DELEGATE POWERS AND DUTIES TO A DEPUTY
DIRECTOR AND MAY DELEGATE POWERS AND DUTIES TO EMPLOYEES IN FURTHERANCE
OF THE PURPOSES OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO THE ABILI-
TY TO EXERCISE THE POWERS AND DUTIES OF THE EXECUTIVE DIRECTOR IN THE
EVENT OF A VACANCY. SUCH POWERS AND DUTIES SHALL INCLUDE BUT NOT BE
LIMITED TO:
(1) APPOINTING, AND AT THEIR PLEASURE REMOVING, A DEPUTY DIRECTOR,
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
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THEREFOR IN THE EXPENSE BUDGET OF THE CITY OF NEW YORK, PROVIDED THAT
THIS SUBPARAGRAPH SHALL NOT AFFECT THE FIXING OF A DAILY RATE OF COMPEN-
SATION PURSUANT TO SUBDIVISION ONE OF SECTION 3-420 OF THIS ARTICLE. IN
EXERCISING THE POWERS CONFERRED BY THIS PARAGRAPH WITH RESPECT TO THE
APPOINTMENT OF EMPLOYEES, THE EXECUTIVE DIRECTOR SHALL, IN CONSULTATION
WITH THE NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES
ESTABLISH WRITTEN POLICIES AND PROCEDURES ON PERSONNEL, INCLUDING EXECU-
TIVE STAFF, OTHER THAN THOSE PAID AT A DAILY RATE PURSUANT TO SUBDIVI-
SION 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, INCLUDING
EXECUTIVE STAFF, WITH APPOINTMENTS TO BE MADE CONSISTENT WITH SUCH SPEC-
IFICATIONS. SUCH SPECIFICATIONS SHALL IN ADDITION TO SECURING SUCH
REPRESENTATION, GIVE DUE WEIGHT TO SENIORITY, PREVIOUS TRAININGS AND
EXPERIENCE, PREVIOUS WORK FOR THE BOARD OF ELECTIONS OR IN ELECTIONS
ADMINISTRATION OR IN VOTING RIGHTS, EDUCATION AND PROFESSIONAL CREDEN-
TIALS, 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;
(IV) POLICIES TO REQUIRE THE POSTING OF ALL VACANT POSITIONS FOURTEEN
DAYS BEFORE INTERVIEWS COMMENCE. ALL POSTINGS SHALL BE ON A PUBLICLY
ACCESSIBLE WEBSITE, IN THE CITY RECORD, OR ON AN OPEN DATA PORTAL. NOTH-
ING SHALL PREVENT THE POSTING OF VACANCIES ON ALL THREE; AND
(V) 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 ALL 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
QUALIFICATION OF VOTERS, VOTER REGISTRATION AND ENROLLMENT, CANCELLATION
OF VOTER REGISTRATION, CHANGE OF VOTER STATUS AND REGISTRATION RECORDS
PURSUANT TO ARTICLE FIVE OF THIS CHAPTER; IN ALL MATTERS RELATING TO
CREATION AND ALTERATIONS OF ELECTION DISTRICTS PURSUANT TO ARTICLE FOUR
OF THIS CHAPTER, AND IN ALL MATTERS RELATING TO DESIGNATION OF PLACES
FOR REGISTRATION AND POLLING PLACES PURSUANT TO ARTICLES FIVE AND EIGHT
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 OTHER MATTERS RELATED TO THE ADMINISTRATION OF ELECTIONS IN THE CITY
OF NEW YORK NOT OTHERWISE SPECIFIED IN THIS SUBDIVISION.
(F) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, IN LIEU OF ANY
OTHERWISE APPLICABLE LAW CONCERNING PUBLIC CONDUCT OF BUSINESS OR
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RENDERING OF DETERMINATIONS BY THE EXECUTIVE DIRECTOR, THEY SHALL
PROVIDE INFORMATION TO THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
AND THE PUBLIC IN ACCORDANCE WITH THIS PARAGRAPH.
(1) AT REGULAR MEETINGS OF SUCH BOARD CONDUCTED IN ACCORDANCE WITH
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, THE EXECUTIVE DIRECTOR SHALL
REPORT TO THE COMMISSIONERS OF SUCH BOARD ON THE DISCHARGE OF ANY POWERS
AND DUTIES EXERCISED BY THE EXECUTIVE DIRECTOR UNDER PARAGRAPH (E) OF
THIS SUBDIVISION AS WELL AS ANY ADDITIONAL RELEVANT INFORMATION AS MAY
BE REQUESTED BY MAJORITY VOTE OF SUCH BOARD. AT SUCH MEETINGS, A REASON-
ABLE OPPORTUNITY SHALL BE PROVIDED TO THE PUBLIC TO PROVIDE ORAL COMMENT
ON THE ACTIONS AND OPERATIONS OF THE BOARD AND ITS STAFF.
(2) NOT LATER THAN JANUARY THIRTY-FIRST OF EACH YEAR, THE EXECUTIVE
DIRECTOR SHALL PROVIDE TO THE APPOINTING AUTHORITIES A REPORT REGARDING
THE ACTUAL PERFORMANCE OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
AS AN AGENCY FOR THE PREVIOUS CALENDAR YEAR, RELATIVE TO PROGRAMMATIC
GOALS AND MEASURES. SUCH REPORT SHALL INCLUDE SUCH ADDITIONAL INFORMA-
TION, AND BE PRESENTED IN SUCH FORM, AS MAY BE SPECIFIED IN WRITING BY
THE CITY COUNCIL AND SPEAKER AND COMMUNICATED TO THE EXECUTIVE DIRECTOR
NO LATER THAN DECEMBER FIRST OF THE PREVIOUS CALENDAR YEAR, PROVIDED
THAT ANY SPECIFICATION REQUIRING THE COLLECTION OR MAINTENANCE OF ADDI-
TIONAL DATA NOT ALREADY COLLECTED OR MAINTAINED SHALL BE SPECIFIED AT
LEAST THREE MONTHS PRIOR TO THE ANTICIPATED COMMENCEMENT OF SUCH
COLLECTION OR MAINTENANCE. FURTHER, AT LEAST ONCE ANNUALLY, THE EXECU-
TIVE DIRECTOR AND ELECTIONS COMMISSIONERS SHALL PRESENT ON THE FINDINGS
OF THE REPORT AT A PUBLIC HEARING IN FRONT OF THE CITY COUNCIL AND
ANSWER ANY QUESTIONS OR PROVIDE ANY ADDITIONAL FOLLOW UP INFORMATION
ASKED FOR BY THE COUNCIL.
(3) FOR EACH ELECTION, THE BOARD SHALL TRACK AND REPORT KEY VOTING AND
ELECTION ADMINISTRATION DATA, INCLUDING: TURNOUT BY ELECTION DISTRICT;
AVERAGE WAIT TIMES BY POLL SITE AND ELECTION DISTRICT; CALL VOLUME BY
POLL SITE AND TYPES OF COMPLAINTS RECEIVED; THE TYPE AND FREQUENCY OF
USE OF DIFFERENT VOTING METHODS, INCLUDING ABSENTEE, EARLY, AND ELECTION
DAY VOTING, AFFIDAVIT BALLOT USAGE RATES; RATES OF AND REASONS FOR
BALLOT REJECTIONS; AND, LANGUAGE INTERPRETER STAFFING BY LANGUAGE PER
POLL SITE.
§ 6. 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
and applicable state law FOR ALL PURCHASE CONTRACTS, INCLUDING BUT NOT
LIMITED TO PURCHASE OF GOODS, SERVICES OR TECHNOLOGY.
§ 7. Notwithstanding any inconsistent provision of law, the current
board of elections commissioners for the city of New York shall perform
the functions assigned to the commissioners until the expiration of
their term.
§ 8. Notwithstanding any inconsistent provision of this act, until the
executive director takes office in accordance with section 3-300 of the
election law, as amended by section five of this act, the executive
director or deputy executive director of the board of elections of the
city of New York appointed by such board and representative of such
party shall perform the functions assigned to the applicable executive
director by such section of the election law, as amended by this act, or
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any other law. Further, while remaining in office, such executive
director and deputy executive director shall be subject to removal and
replacement by action of such board, consistent with the provisions of
section 3-300 of the election law as such section was in existence prior
to its amendment by this act. If an executive director has not been
appointed by May 1, 2024, the status of the executive director or deputy
executive director appointed by such board and representative of the
applicable political party shall terminate, and the new position of
executive director shall be deemed in existence and vacant for all
purposes after such date.
§ 9. Severability. If any provision of this act is held invalid or
ineffective in whole or in part or inapplicable to any person or situ-
ation, such invalidity or holding shall not affect, impair or invalidate
other provisions or applications of this act that can be given effect
without the invalid provision or application, and all other provisions
thereof shall nevertheless be separately and fully effective, and to
this end the provisions of this act are declared to be severable.
§ 10. This act shall take effect immediately; provided, however, that
sections one, three, four, and five of this act shall take effect Janu-
ary 1, 2024; and provided further, however, that sections six, seven and
eight of this act shall take effect on the sixtieth day after it shall
have become a law.