Senate Bill S5268

2023-2024 Legislative Session

Relates to the authority of the state board of elections to issue subpoenas

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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Bill Amendments

2023-S5268 - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §§3-102 & 3-104, El L

2023-S5268 - Summary

Relates to the authority of the state board of elections to issue subpoenas; directs the board of elections to issue rules and regulations.

2023-S5268 - Sponsor Memo

2023-S5268 - Bill Text download pdf

                             
                     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
              

2023-S5268A (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §§3-102 & 3-104, El L

2023-S5268A (ACTIVE) - Summary

Relates to the authority of the state board of elections to issue subpoenas; directs the board of elections to issue rules and regulations.

2023-S5268A (ACTIVE) - Sponsor Memo

2023-S5268A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5268--A
     Cal. No. 462
 
                        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  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading

 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.  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.
   § 2.  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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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