Senate Bill S612A

2023-2024 Legislative Session

Prohibits conflicts of interest among board of elections employees

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & 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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Votes

Bill Amendments

co-Sponsors

2023-S612 - Details

Law Section:
Election Law
Laws Affected:
Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:
S4542

2023-S612 - 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-S612 - Sponsor Memo

2023-S612 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    612
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER, MAY -- 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  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-S612A - Details

Law Section:
Election Law
Laws Affected:
Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:
S4542

2023-S612A - 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-S612A - Sponsor Memo

2023-S612A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  612--A
     Cal. No. 11
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER, MAY -- read twice and ordered printed, and
   when printed to be committed to the Committee on Elections -- reported
   favorably from said committee and committed to the Committee on  Rules
   -- reported favorably from said committee, ordered to a third reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, restored to 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 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 DISTRICT LEADER AS OUTLINED
 IN SECTION 2-110 OF THIS CHAPTER, SHALL ENGAGE IN OR PARTICIPATE IN  ANY
 TRADE  OR  BUSINESS  WHICH  CREATES, OR MAY TEND TO CREATE, AN ACTUAL OR
 POTENTIAL CONFLICT OF INTEREST. NO BOARD OF ELECTIONS EMPLOYEE, WITH THE
 EXCEPTION OF 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 COMPA-
 NIES,  ELECTION  CONSULTING COMPANIES, DIRECT MAIL COMPANIES AND DIGITAL
 MARKETING COMPANIES. NO BOARD OF ELECTIONS EMPLOYEE, WITH THE  EXCEPTION
 OF 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 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.

co-Sponsors

2023-S612B - Details

Law Section:
Election Law
Laws Affected:
Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:
S4542

2023-S612B - 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-S612B - Sponsor Memo

2023-S612B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  612--B
     Cal. No. 623
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER, MAY -- read twice and ordered printed, and
   when printed to be committed to the Committee on Elections -- reported
   favorably from said committee and committed to the Committee on  Rules
   -- reported favorably from said committee, ordered to a third reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, restored to third reading,  amended  and  ordered  reprinted,
   retaining  its  place  in the order of third reading -- recommitted to
   the Committee on Elections in accordance with Senate Rule 6, sec. 8 --
   reported favorably from  said  committee,  ordered  to  first  report,
   amended  on  first  report,  ordered  to  a  second report and ordered
   reprinted, retaining its place in the order of second report
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02172-27-4

co-Sponsors

2023-S612C - Details

Law Section:
Election Law
Laws Affected:
Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:
S4542

2023-S612C - 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-S612C - Sponsor Memo

2023-S612C - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  612--C
     Cal. No. 623
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER, MAY -- read twice and ordered printed, and
   when printed to be committed to the Committee on Elections -- reported
   favorably from said committee and committed to the Committee on  Rules
   -- reported favorably from said committee, ordered to a third reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, restored to third reading,  amended  and  ordered  reprinted,
   retaining  its  place  in the order of third reading -- recommitted to
   the Committee on Elections in accordance with Senate Rule 6, sec. 8 --
   reported favorably from  said  committee,  ordered  to  first  report,
   amended  on  first  report,  ordered  to  a  second report and ordered
   reprinted, retaining its place  in  the  order  of  second  report  --
   reported  favorably  from  said  committee,  amended on 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2023-S612D (ACTIVE) - Details

Law Section:
Election Law
Laws Affected:
Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:
S4542

2023-S612D (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-S612D (ACTIVE) - Sponsor Memo

2023-S612D (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  612--D
     Cal. No. 623
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by Sens. MAYER, JACKSON, MAY, WEBB -- read twice and ordered
   printed, and  when  printed  to  be  committed  to  the  Committee  on
   Elections  --  reported favorably from said committee and committed to
   the Committee on Rules --  reported  favorably  from  said  committee,
   ordered  to  a  third  reading,  passed by Senate and delivered to the
   Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading -- recommitted to the Committee on Elections in  accord-
   ance  with  Senate  Rule  6,  sec.  8  -- reported favorably from said
   committee, ordered to first report, amended on first  report,  ordered
   to  a  second report and ordered reprinted, retaining its place in the
   order of second report --  reported  favorably  from  said  committee,
   amended  on  second  report,  ordered  to a third reading, amended and
   ordered reprinted, retaining its place in the order of  third  reading
   --  passed  by  Senate  and  delivered to the Assembly, recalled, vote
   reconsidered,  restored  to  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 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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