S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5268
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 the  authority  of  the
   state board of elections to issue subpoenas
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 5 of section 3-102 of  the  election  law,  as
 redesignated  by  chapter  9  of the laws of 1978, is amended to read as
 follows:
   5. administer oaths or affirmations, subpoena  witnesses  THROUGH  ITS
 CHIEF  ENFORCEMENT  COUNSEL, compel their attendance, examine them under
 oath or affirmation and require the production of  any  books,  records,
 documents or other evidence it may deem relevant or material;
   §  2.  Paragraph (b) of subdivision 1 of section 3-104 of the election
 law, as amended by section 4 of subpart B of part H of chapter 55 of the
 laws of 2014,  is amended to read as follows:
   (b) The state board of elections shall have jurisdiction  of,  and  be
 responsible  for,  the  execution  and  enforcement of the provisions of
 article fourteen of this chapter and other statutes governing campaigns,
 elections and  related  procedures;  provided  however  that  the  chief
 enforcement  counsel shall have sole authority within the state board of
 elections  to  investigate  on  his  or  her  own  initiative,  or  upon
 complaint,  alleged  violations  of  such  statutes,  and all complaints
 alleging violations shall be forwarded to the division of  election  law
 enforcement.
   §  3.   Subdivision 3 of section 3-104 of the election law, as amended
 by section 4 of subpart B of part H of chapter 55 of the laws  of  2014,
 is amended to read as follows:
   3. Upon receipt of a complaint and supporting information alleging any
 violation  of this chapter, or upon his or her own initiative, the chief
 enforcement counsel shall determine if an investigation should be under-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06814-03-3
              

 S. 5268                             2
 
 taken. The chief enforcement counsel shall, if necessary,  obtain  addi-
 tional  information from the complainant or from other sources to assist
 such counsel in making this determination. Such analysis  shall  include
 the following: first, whether the allegations, if true, would constitute
 a  violation  of  this  chapter and, second, whether the allegations are
 supported by credible evidence. The chief enforcement counsel may at any
 time ask that the board authorize him or  her  to  exercise  the  powers
 which the board is otherwise authorized to exercise pursuant to subdivi-
 sions five and six of section 3-102 of this title.  The board shall vote
 on  whether  to  grant  or  refuse to grant such authority no later than
 twenty days after the chief enforcement counsel makes such request.  For
 purposes  of considering and voting on such request, QUORUM REQUIREMENTS
 ARE MET IF TWO BOARD MEMBERS AND THE CHIEF ENFORCEMENT COUNSEL ARE PRES-
 ENT AT THE VOTE, AND the chief enforcement counsel shall be entitled  to
 participate in all matters related thereto and shall vote on the board's
 granting  or  refusal  to  grant  such request only when there is a tie.
 Should the board not vote on such request  within  twenty  days  of  its
 submission,  or grant the chief enforcement counsel's request, the chief
 enforcement counsel shall be so empowered to act  pursuant  to  subdivi-
 sions five and six of section 3-102 of this title.
   §  4.  Within thirty days of the effective date of this act, the state
 board of elections shall issue any rules and regulations  necessary  for
 the implementation of this act.
   § 5.  This act shall take effect immediately.