BILL NUMBER: S614                    Revised 4/13/23

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting election
commissioners and deputy election commissioners from holding a publicly
elected office

 
PURPOSE:

This bill would prohibit election commissioners and deputy election
commissioners, except any person currently serving as an election
commissioner or deputy election commissioner, from serving as chair-
person of the respective democratic or republican party and would
prohibit election commissioners and deputy commissioners from holding
most other public offices.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision of section 3-200 of the election law, as
amended by chapter 195 of the laws of 2003, which prohibits persons
              

appointed as election commissioner or deputy commissioner from holding
any other public office, except as commissioner of deeds, notary public,
community board member in New York City or officer of a school outside
the city unless they are a registered voter in the county or enrolled
member of the party recommending appointment.

Section 2 amends section subdivision 6 of 3-200 of the election law
which prohibits an election commissioner or deputy election commissioner
from being a candidate for any elective office that this article bars
unless they no longer hold the position prior to nomination.

Section 3 provides the effective date.

 
JUSTIFICATION:

This bill prohibits an election commissioner or deputy election commis-
sioner from serving as a village officer, town judge, city judge or,
except for any person currently serving as an election commissioner or
deputy election commissioner, as chairperson of the respective democrat-
ic or republican party or committee in such county.

Current law carves out exceptions allowing appointed election commis-
sioners to run for elected office in villages and as town and city judg-
es. It is inappropriate for election commissioners and deputy commis-
sioners to serve as neutral referees of the electoral process while at
the same time being able to run on a particular political party ticket
for these excepted elected positions. In addition, serious conflicts of
interest could arise in the event a commissioner or deputy commissioner
runs for one of these offices and is then called upon to rule on
objections to petitions, the validity of absentee ballots, affidavit
ballots, and eventually certify the race he or she ran for. Similarly,
conflicts could arise for a commissioner of election or deputy commis-
sioner of election that serves as a chairperson of the respective demo-
cratic or republican party and therefore these commissioners, except any
person currently serving as an election commissioner or deputy election
commissioner, will be prohibited from serving as such a chairperson.

 
LEGISLATIVE HISTORY:

S7442 of 2021-22: Passed Senate.

S2918 of 2017-18: Referred to Elections.

S1858 of 2015-16: Referred to Elections.

S433A of 2013-14: Referred to Elections.

S1322 of 2011-12: Referred to Elections.

S1434A of 2009-10: Passed Senate.

S1505 of 2007-08: Referred to Elections.

S7860 of 2005-06: Referred to Elections.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.