Assembly Bill A9162

2023-2024 Legislative Session

Relates to the removal of an election commissioner

download bill text pdf

Sponsored By

Current 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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2023-A9162 (ACTIVE) - Details

See Senate Version of this Bill:
S585
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §3-200, El L
Versions Introduced in 2021-2022 Legislative Session:
S8337

2023-A9162 (ACTIVE) - Summary

Relates to the removal of an election commissioner by the governor or by affirmative vote of a majority of commissioners of the state board of elections for incompetence, misconduct, or other good cause, provided that prior to removal, such election commissioner shall be given a written copy of the charges against them and have an opportunity to be heard in their defense.

2023-A9162 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9162
 
                           I N  A S S E M B L Y
 
                             February 8, 2024
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election law, in  relation  to  the  removal  of  an
   election commissioner
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of section  3-200  of  the  election  law  is
 amended to read as follows:
   7. An election commissioner may be removed from office by the governor
 [for  cause in the same manner as a sheriff] OR BY AFFIRMATIVE VOTE OF A
 MAJORITY OF COMMISSIONERS OF THE STATE BOARD OF ELECTIONS  FOR  INCOMPE-
 TENCE,  MISCONDUCT, OR OTHER GOOD CAUSE, PROVIDED THAT PRIOR TO REMOVAL,
 SUCH ELECTION COMMISSIONER SHALL BE GIVEN A WRITTEN COPY OF THE  CHARGES
 AGAINST  HIM  OR  HER  AND HAVE AN OPPORTUNITY TO BE HEARD IN HIS OR HER
 DEFENSE. Any vacancy so resulting shall be filled in a manner prescribed
 by this article for filling vacancies.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03653-03-3

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