S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  619--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  KRUEGER, HOYLMAN-SIGAL, MAY, RIVERA -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Elections -- recommitted to the Committee on Elections  in  accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT to amend the election law, in relation to the exercise of powers
   and duties of the board of elections of the city of New York  and  its
   executive management
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any inconsistent provision of  law  to  the
 contrary, on the effective date of this act the term of each commission-
 er  of  the  New  York  City Board of Elections, or any vacant position,
 shall be deemed expired, and each such commissioner or  vacant  position
 shall be replaced with new appointments made pursuant to this section.
   In  the city of New York, the county committee of each major political
 party shall, within sixty days after the effective  date  of  this  act,
 file  a  certificate  of party recommendation with the clerk of the city
 council of the city of New York recommending  one  qualified  individual
 for  consideration  to  serve  as  a commissioner of elections. The city
 council shall immediately, or as soon as practicable but  no  more  than
 thirty  days  thereafter, hold a public hearing on such recommendations,
 and provided further, no more than thirty days  thereafter  confirm  two
 qualified  individuals for such positions, who shall succeed those indi-
 viduals whose terms shall have expired pursuant to this section.
   § 2. The section heading and subdivision 3 of  section  3-200  of  the
 election  law, the section heading as amended by chapter 373 of the laws
 of 1978, are amended to read as follows:
   Boards  of  elections;  creation,  qualifications  of   commissioners,
 removal; ADDITIONAL QUALIFICATIONS AND TRAINING IN THE CITY OF NEW YORK.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02544-02-4
 S. 619--A                           2
              

 
   3.  In  the  city  of  New  York  the board shall consist of [ten] TWO
 commissioners of election who [shall be registered voters in the  county
 for  which  they  are appointed and they] shall be appointed by the city
 council of the city of New York. [Not more than two commissioners  shall
 be  registered  voters  of  the same county] NO TWO COMMISSIONERS MAY BE
 RESIDENTS OF THE SAME COUNTY OR REGISTERED VOTERS OF THE SAME PARTY.
   § 3. Subdivisions 2 and 4 of section 3-204 of the election law, subdi-
 vision 2 as amended by chapter 453 of the laws of 1997, and  subdivision
 4  as amended by chapter 116 of the laws of 2010, are amended to read as
 follows:
   2. (A) Party recommendations for election commissioner shall  be  made
 by  the  county committee or by such other committee as the rules of the
 party may provide, by a majority of the votes cast at a meeting  of  the
 members of such committee at which a quorum is present. If at any time a
 vacancy  occurs in the office of any election commissioner other than by
 expiration of term of office, party recommendations to fill such vacancy
 shall be made by the county committee or by such other committee as  the
 rules  of  the  party  may provide, by a majority of the votes cast at a
 meeting of the members of such committee at which a quorum is present.
   (B) PARTY RECOMMENDATIONS FOR ELECTION COMMISSIONER IN THE CITY OF NEW
 YORK OR TO FILL A VACANCY IN SUCH OFFICE SHALL BE  MADE  BY  THE  COUNTY
 COMMITTEE  OR  BY  SUCH  OTHER  COMMITTEE  AS THE RULES OF THE PARTY MAY
 PROVIDE, BY A MAJORITY OF THE VOTES CAST AT A MEETING OF THE MEMBERS  OF
 SUCH  COMMITTEE  AT WHICH A QUORUM IS PRESENT.  EACH PARTY SHALL, WITHIN
 SIXTY DAYS OF A VACANCY, FILE A CERTIFICATE OF PARTY RECOMMENDATION WITH
 THE CLERK OF THE CITY COUNCIL OF THE CITY OF NEW YORK  RECOMMENDING  ONE
 INDIVIDUAL  FOR  CONSIDERATION  TO SERVE AS A COMMISSIONER OF ELECTIONS.
 THE CITY COUNCIL SHALL IMMEDIATELY, OR AS SOON  AS  PRACTICABLE  BUT  NO
 MORE  THAN  THIRTY DAYS THEREAFTER, HOLD A PUBLIC HEARING ON SUCH RECOM-
 MENDATIONS AND PROVIDED FURTHER, NO MORE  THAN  THIRTY  DAYS  THEREAFTER
 CONFIRM AN INDIVIDUAL FOR SUCH POSITION.
   4. Commissioners of election shall be appointed by the county legisla-
 tive  body,  or in the city of New York, by the city council FOLLOWING A
 PUBLIC HEARING.  Provided, however, that if  a  legislative  body  shall
 fail  to  appoint any person recommended by a party for appointment as a
 commissioner pursuant to this section,  within  thirty  days  after  the
 filing  of  a  certificate of recommendation with such legislative body,
 then the members of such legislative body who are members of  the  poli-
 tical  party  which  filed such certificate may appoint such person. And
 further provided, if there are no members of the  legislative  body  who
 are  members  of  the  political party which filed such certificate, the
 appointment shall take effect upon the expiration of  thirty  days  from
 the date that the certificate was filed. If none of the persons named in
 any  of  the certificates filed by a party are so appointed within sixty
 days after the filing of any such certificate, then such party may  file
 another  certificate within thirty days after the expiration of any such
 sixty day period recommending a different person for  such  appointment.
 If  a  party  fails  to file a certificate within the time prescribed by
 this section, the members of the legislative body  who  are  members  of
 such party may appoint any eligible person to such office.
   §  4.  The  section  heading  of  section 3-212 of the election law is
 amended and a new subdivision 6 is added to read as follows:
   Boards of elections; organization, proceedings, reports  and  records;
 BUDGET REPORTING IN THE CITY OF NEW YORK.
   6.  IF,  AT  ANY  TIME  DURING THE CITY FISCAL YEAR OF THE CITY OF NEW
 YORK, THE DIRECTOR OF MANAGEMENT AND BUDGET OF SUCH CITY DETERMINES THAT
 S. 619--A                           3
 
 THE EXPENDITURES OF THE BOARD OF ELECTIONS OF THE CITY OF NEW  YORK  ARE
 REASONABLY  LIKELY  TO EXCEED APPROPRIATIONS TO SUCH BOARD FOR PERSONNEL
 SERVICES OR OTHER THAN PERSONNEL SERVICES FOR A QUARTER  OF  THE  FISCAL
 YEAR,  BASED UPON A REASONABLE ALLOTMENT BY SUCH DIRECTOR OF SUCH APPRO-
 PRIATIONS TO SUCH QUARTER, OR FOR THE ENTIRE FISCAL YEAR, SUCH  DIRECTOR
 SHALL  PROVIDE  WRITTEN  NOTICE  OF  SUCH DETERMINATION TO THE EXECUTIVE
 DIRECTOR OF SUCH BOARD, THE MAYOR OF SUCH CITY, THE SPEAKER OF THE  CITY
 COUNCIL  OF  SUCH  CITY,  AND THE PUBLIC ADVOCATE OF SUCH CITY, TOGETHER
 WITH ANY RELEVANT REQUESTS FOR ADDITIONAL DATA OR INFORMATION  THAT  THE
 DIRECTOR  DETERMINES  TO  BE  MATERIAL TO SUCH BOARD'S LEVEL OF EXPENDI-
 TURES. WITHIN TWENTY DAYS  OF  RECEIVING  SUCH  NOTICE,  SUCH  EXECUTIVE
 DIRECTOR  SHALL  SUBMIT  TO  SUCH  DIRECTOR,  MAYOR, PUBLIC ADVOCATE AND
 SPEAKER A PROJECTION OF WHETHER AND BY WHAT AMOUNT IT  WILL  EXCEED  ITS
 APPROPRIATIONS  FOR PERSONNEL SERVICES AND OTHER THAN PERSONNEL SERVICES
 FOR EACH QUARTER AND THE ENTIRE FISCAL YEAR, TOGETHER  WITH  A  DETAILED
 EXPLANATION  OF  THE NEEDS JUSTIFYING ANY SUCH PROJECTED EXCESS EXPENDI-
 TURES.  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED  TO  PREVENT  THE
 DIRECTOR  FROM  REQUIRING  THE  FURNISHING  OF DATA AND INFORMATION, AND
 ANSWERS TO PERTINENT INQUIRIES, AT ANY TIME IN ACCORDANCE  WITH  SECTION
 TWO HUNDRED TWENTY-FIVE OF THE NEW YORK CITY CHARTER.
   § 5. Section 3-300 of the election law is amended to read as follows:
   §  3-300.  Board employees; appointment. [Every] 1. EXCEPT AS PROVIDED
 IN SUBDIVISION TWO OF THIS  SECTION,  EVERY  board  of  elections  shall
 appoint, and at its pleasure remove, clerks, voting machine technicians,
 custodians  and  other  employees,  fix  their  number,  prescribe their
 duties, fix their titles and rank and establish  their  salaries  within
 the  amounts  appropriated  therefor  by the local legislative body [and
 shall secure in the appointment of employees of the board  of  elections
 equal representation of the major political parties]. Every commissioner
 in  each  board  of  elections  except for commissioners of the board of
 elections of the city of New York, may approve and at pleasure remove  a
 deputy, establish his OR HER title and prescribe his OR HER duties. [In]
   2.  THERE SHALL BE EQUAL REPRESENTATION OF THE MAJOR POLITICAL PARTIES
 AMONG THOSE EMPLOYEES OF THE BOARD OF ELECTIONS CHARGED WITH THE DUTY OF
 QUALIFYING VOTERS, DISTRIBUTING BALLOTS TO VOTERS, OR RECEIVING, RECORD-
 ING OR COUNTING VOTES AT ELECTIONS.
   3. (A) NOTWITHSTANDING ANY PROVISION OF GENERAL, SPECIAL OR LOCAL LAW,
 IN the city of New York, [the board of elections shall appoint] an exec-
 utive director [and a deputy executive director whose duties it shall be
 to supervise the operations of the board of elections under  the  super-
 vision of such board] SHALL BE APPOINTED AND MAY BE REMOVED, IN A MANNER
 SET  FORTH  IN PARAGRAPH (B) OF THIS SUBDIVISION. IT SHALL BE THEIR DUTY
 TO SUPERVISE THE OPERATIONS OF THE BOARD OF ELECTIONS IN ACCORDANCE WITH
 THIS SUBDIVISION. THE EXECUTIVE DIRECTOR SHALL BE SELECTED  FOLLOWING  A
 NATIONWIDE  SEARCH  FOR QUALIFIED AND EXPERIENCED CANDIDATES. THEY SHALL
 SERVE A TERM OF FOUR YEARS.
   (B) THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK  SHALL  ADVISE  THE
 EXECUTIVE  DIRECTOR ON MATTERS OF POLICY AFFECTING THE ADMINISTRATION OF
 ELECTIONS IN THE CITY OF NEW YORK. EXCEPT AS EXPRESSLY PROVIDED IN  THIS
 SUBDIVISION, SUCH BOARD SHALL EXERCISE NO EXECUTIVE POWER AND PERFORM NO
 EXECUTIVE  OR  ADMINISTRATIVE FUNCTIONS. EXCEPT AS EXPRESSLY PROVIDED IN
 THIS SUBDIVISION, SUCH BOARD  SHALL  MAKE  NO  INDIVIDUALIZED  DECISIONS
 CONCERNING  THE  EMPLOYMENT  OF ANY SPECIFIC PERSON OR THE REGISTRATION,
 PRE-REGISTRATION, ENROLLMENT OR QUALIFICATIONS OF ANY SPECIFIC VOTER  OR
 APPLICANT.  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE OR
 AUTHORIZE THE DAY-TO-DAY SUPERVISION OF THE EXECUTIVE  DIRECTOR  BY  THE
 S. 619--A                           4
 
 BOARD. THE BOARD MAY DELEGATE POWERS AND DUTIES CONFERRED UPON THE BOARD
 TO THE EXECUTIVE DIRECTOR, TO BE EXERCISED CONSISTENT WITH PARAGRAPH (E)
 OF  THIS  SUBDIVISION.  IN  THE CASE OF A VACANCY, AN EXECUTIVE DIRECTOR
 SHALL  BE APPOINTED TO SERVE THE REMAINDER OF THE UNEXPIRED TERM ACCORD-
 ING TO THE ORIGINAL MANNER OF  APPOINTMENT  OF  THE  PREVIOUS  EXECUTIVE
 DIRECTOR.
   (C)(1)    FOR  PURPOSES  OF  THIS  PARAGRAPH AND PARAGRAPH (F) OF THIS
 SUBDIVISION, THE TERM "APPOINTING AUTHORITIES" SHALL MEAN THE  MAYOR  OF
 THE  CITY OF NEW YORK, THE SPEAKER OF THE CITY COUNCIL OF SUCH CITY, AND
 THE PUBLIC ADVOCATE OF SUCH CITY, WHO SHALL ACT PURSUANT TO THIS  SUBDI-
 VISION  BY CONCURRING ACTION OF AT LEAST TWO OF SUCH OFFICIALS, PROVIDED
 THAT THE MAYOR SHALL BE ONE OF THE CONCURRING OFFICIALS.
   (2) NO EARLIER THAN THE FIRST DAY OF JANUARY AND  NO  LATER  THAN  THE
 FIRST  DAY OF FEBRUARY IN TWO THOUSAND TWENTY-FIVE AND IN EVERY CALENDAR
 YEAR THEREAFTER DURING WHICH THE FOUR-YEAR TERM OF THE EXECUTIVE  DIREC-
 TOR IS TO EXPIRE, THE COMMISSIONERS OF ELECTION FOR EACH POLITICAL PARTY
 SHALL  FILE  ONE  OR  MORE CERTIFICATES OF PARTY RECOMMENDATION WITH THE
 APPOINTING AUTHORITIES, AS DESCRIBED IN THIS PARAGRAPH.
   (3) PARTY RECOMMENDATIONS FOR EXECUTIVE DIRECTOR SHALL BE MADE BY  THE
 COMMISSIONER  OF  ELECTION  FOR  EACH POLITICAL PARTY. SUCH COMMISSIONER
 SHALL RECOMMEND NO FEWER THAN THREE CANDIDATES FOR THE POSITION OF EXEC-
 UTIVE DIRECTOR.  IF AT ANY TIME A VACANCY OCCURS IN THE OFFICE OF EXECU-
 TIVE DIRECTOR OTHER THAN BY EXPIRATION  OF  TERM  OF  OFFICE,  OR  IF  A
 REQUEST  FOR ADDITIONAL CANDIDATES IS MADE BY THE APPOINTING AUTHORITIES
 PURSUANT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH,  PARTY  RECOMMENDATIONS
 TO  FILL  SUCH  VACANCY  SHALL BE MADE WITHIN THIRTY DAYS. IF FEWER THAN
 THREE CANDIDATES ARE RECOMMENDED IN A TIMELY MANNER BY THE  COMMISSIONER
 OF  ELECTION  FOR THE APPLICABLE POLITICAL PARTY THEN THE MEMBERS OF THE
 CITY COUNCIL WHO ARE MEMBERS OF THE APPLICABLE POLITICAL PARTY  MAY,  BY
 MAJORITY VOTE OF SUCH MEMBERS, FILE CERTIFICATES OF PARTY RECOMMENDATION
 WITH THE APPOINTING AUTHORITIES WITHIN FIFTEEN DAYS AFTER THE EXPIRATION
 OF  THE  TIME  FOR  FILING  BY  THE  COMMISSIONERS OF ELECTION, SO AS TO
 INCREASE THE TOTAL NUMBER OF CANDIDATES TO THREE. IF THE MEMBERS OF  THE
 CITY  COUNCIL  FROM ONE POLITICAL PARTY DO NOT RECOMMEND ANY CANDIDATES,
 THE APPOINTING AUTHORITIES WILL  CHOOSE  FROM  THE  LIST  OF  CANDIDATES
 SUBMITTED.
   (4)  CANDIDATES  CONSIDERED  FOR  EXECUTIVE  DIRECTOR MUST SATISFY ALL
 QUALIFICATIONS REQUIRED FOR LOCAL OFFICERS PURSUANT TO THE PUBLIC  OFFI-
 CERS  LAW.  FURTHER,  NO  LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-FOUR, THE STATE BOARD OF  ELECTIONS  SHALL  PRESCRIBE  ADDITIONAL
 QUALIFICATIONS FOR THE POSITION OF EXECUTIVE DIRECTOR, WHICH SHALL APPLY
 TO RECOMMENDATIONS AND APPOINTMENTS MADE THEREAFTER. SUCH QUALIFICATIONS
 SHALL THEREAFTER BE REVIEWED BY SUCH  BOARD AT    LEAST EVERY  TWO YEARS
 AND  UPDATED AS    NECESSARY, AND SHALL BE PRESCRIBED ONLY AFTER CONSID-
 ERATION OF THE SKILLS AND KNOWLEDGE NECESSARY OR USEFUL FOR THE EXERCISE
 OF THE DUTIES  AND   RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR, AS WELL
 AS THE ABILITY TO RECRUIT A SUFFICIENT NUMBER OF CANDIDATES TO BE EXECU-
 TIVE DIRECTOR.
   (5) THE EXECUTIVE DIRECTOR SHALL   BE   APPOINTED   JOINTLY   BY   THE
 APPOINTING  AUTHORITIES  IN ACCORDANCE WITH THIS SUBDIVISION, FROM AMONG
 THE  CANDIDATES RECOMMENDED PURSUANT TO SUBPARAGRAPH THREE OF THIS PARA-
 GRAPH.
   (6) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  PARAGRAPH,  NO
 EARLIER THAN THE FIRST DAY OF JANUARY AND NO LATER THAN THE THIRTY-FIRST
 DAY  OF  JANUARY IN THE LAST YEAR OF THE TERM OF THE EXECUTIVE DIRECTOR,
 THE APPOINTING AUTHORITIES AND COMMISSIONERS OF ELECTION, MAY  AGREE  TO
 S. 619--A                           5
 
 ISSUE A CERTIFICATE OF PARTY RECOMMENDATION AND APPOINTMENT TO REAPPOINT
 SUCH  EXECUTIVE  DIRECTOR TO ANOTHER TERM OF OFFICE.  IN SUCH EVENT, THE
 PROCESS OTHERWISE SPECIFIED IN SUBPARAGRAPHS TWO, THREE AND FOUR OF THIS
 PARAGRAPH SHALL NOT APPLY.
   (7)  AN  EXECUTIVE DIRECTOR MAY BE REMOVED FROM OFFICE  FOR  CAUSE  BY
 THE APPOINTING AUTHORITIES.  IN ADDITION, AN EXECUTIVE DIRECTOR  MAY  BE
 REMOVED  WITHOUT CAUSE BY THE APPOINTING AUTHORITIES ACTING JOINTLY WITH
 THE  COMMISSIONERS  OF  ELECTION. ANY VACANCY   SO   RESULTING  SHALL BE
 FILLED IN THE MANNER PRESCRIBED BY THIS PARAGRAPH FOR FILLING VACANCIES.
   (D) THE BOARD SHALL HAVE THE POWER AND  DUTY  TO  TAKE  THE  FOLLOWING
 ACTIONS  TO THE EXTENT OTHERWISE CONSISTENT WITH THE JURISDICTION OF THE
 BOARD PURSUANT TO THIS CHAPTER:
   (1) MAKE DETERMINATIONS REGARDING THE NOMINATION  AND  DESIGNATION  OF
 CANDIDATES FOR PUBLIC OFFICE AND PARTY POSITIONS PURSUANT TO ARTICLE SIX
 OF THIS CHAPTER OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (2)  MAKE  DETERMINATIONS  REGARDING  THE FORM AND CONTENT OF BALLOTS,
 INCLUDING BUT NOT LIMITED TO THE DETERMINATION OF CANDIDATES  AND  QUES-
 TIONS  TO APPEAR ON THE BALLOT PURSUANT TO SECTION 4-114 OF THIS CHAPTER
 AND THE CERTIFICATION OF BALLOTS PURSUANT TO TITLE ONE OF ARTICLE  SEVEN
 OF THIS CHAPTER OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (3)  ADOPT  RESOLUTIONS  ELIMINATING  MEETINGS  FOR LOCAL REGISTRATION
 PURSUANT TO SUBDIVISION SIX OF SECTION 5-202 OF THIS CHAPTER;
   (4) MAKE DETERMINATIONS CONCERNING CHALLENGES  TO  VOTER  REGISTRATION
 AND  APPLICATIONS  OF  VOTERS  UNLAWFULLY  DENIED THE RIGHT TO REGISTER,
 PURSUANT TO TITLE TWO OF ARTICLE FIVE OF THIS CHAPTER;
   (5) MAKE DETERMINATIONS CONCERNING THE  ADOPTION  AND  USE  OF  VOTING
 MACHINES OR SYSTEMS PURSUANT TO SECTION 7-200 OF THIS CHAPTER;
   (6) CANVASS ELECTION RESULTS AND PERFORM ALL FUNCTIONS OF THE BOARD OF
 CANVASSERS  IN  THE  CITY  OF NEW YORK, INCLUDING BUT NOT LIMITED TO THE
 CERTIFICATION OF ELECTION RESULTS, PURSUANT TO ARTICLE NINE OR ANY OTHER
 RELEVANT PROVISION OF THIS CHAPTER;
   (7) TAKE ANY ACTION AUTHORIZED BY SECTION 3-218 OF THIS ARTICLE;
   (8) APPROVE ANY CONTRACT WHERE:
   (I) SUCH CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER  THAN  COMPET-
 ITIVE  SEALED  BIDDING  WHERE  THE  CONTRACT  WAS  AWARDED TO THE LOWEST
 RESPONSIBLE BIDDER;
   (II) SUCH CONTRACT PROVIDES  FOR  TECHNICAL,  CONSULTANT  OR  PERSONAL
 SERVICES; AND
   (III) THE VALUE OF THE CONTRACT EXCEEDS OR PROJECTS AN ANNUAL EXPENDI-
 TURE  EXCEEDING  ONE  MILLION  DOLLARS  FOR THE FISCAL YEAR OR WHERE THE
 VALUE OF ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS OR IS PROJECT-
 ED TO EXCEED ONE MILLION DOLLARS FOR THE FISCAL YEAR; AND
   (9) PROMULGATE REGULATIONS, ISSUE ORDERS AND MAKE DECISIONS  REGARDING
 GENERAL  POLICIES  AFFECTING THE ADMINISTRATION OF ELECTIONS OF THE CITY
 OF NEW YORK.
   (E) THE EXECUTIVE DIRECTOR SHALL SERVE AS THE CHIEF EXECUTIVE FOR  THE
 BOARD  OF ELECTIONS OF THE CITY OF NEW YORK AND SHALL EXERCISE ALL THEIR
 POWERS AND DUTIES IN A MANNER NOT INCONSISTENT WITH THE  POLICIES  OF  A
 BOARD. THE EXECUTIVE DIRECTOR MAY DELEGATE POWERS AND DUTIES TO A DEPUTY
 DIRECTOR  AND MAY DELEGATE POWERS AND DUTIES TO EMPLOYEES IN FURTHERANCE
 OF THE PURPOSES OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO THE ABILI-
 TY TO EXERCISE THE POWERS AND DUTIES OF THE EXECUTIVE  DIRECTOR  IN  THE
 EVENT  OF  A  VACANCY.   SUCH POWERS AND DUTIES SHALL INCLUDE BUT NOT BE
 LIMITED TO:
   (1) APPOINTING, AND AT THEIR PLEASURE  REMOVING,  A  DEPUTY  DIRECTOR,
 CLERKS,  VOTING  MACHINE  TECHNICIANS,  CUSTODIANS  AND OTHER EMPLOYEES,
 S. 619--A                           6
 
 FIXING THEIR NUMBER, PRESCRIBING THEIR DUTIES, FIXING THEIR  TITLES  AND
 RANK  AND  ESTABLISHING  THEIR  SALARIES WITHIN THE AMOUNTS APPROPRIATED
 THEREFOR IN THE EXPENSE BUDGET OF THE CITY OF NEW  YORK,  PROVIDED  THAT
 THIS SUBPARAGRAPH SHALL NOT AFFECT THE FIXING OF A DAILY RATE OF COMPEN-
 SATION PURSUANT TO SUBDIVISION ONE OF SECTION 3-420 OF THIS ARTICLE.  IN
 EXERCISING  THE  POWERS  CONFERRED BY THIS PARAGRAPH WITH RESPECT TO THE
 APPOINTMENT OF EMPLOYEES, THE EXECUTIVE DIRECTOR SHALL, IN  CONSULTATION
 WITH  THE  NEW  YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES
 ESTABLISH WRITTEN POLICIES AND PROCEDURES ON PERSONNEL, INCLUDING EXECU-
 TIVE STAFF, OTHER THAN THOSE PAID AT A DAILY RATE PURSUANT  TO  SUBDIVI-
 SION  ONE  OF  SECTION  3-420 OF THIS ARTICLE, WITHIN NINETY DAYS OF THE
 EFFECTIVE DATE OF THIS PARAGRAPH. SUCH  POLICIES  AND  PROCEDURES  SHALL
 INCLUDE:
   (I) SPECIFICATIONS SETTING FORTH THE QUALIFICATIONS FOR AND THE NATURE
 AND  SCOPE  OF  THE DUTIES AND RESPONSIBILITIES OF EACH TITLE, INCLUDING
 EXECUTIVE STAFF, WITH APPOINTMENTS TO BE MADE CONSISTENT WITH SUCH SPEC-
 IFICATIONS. SUCH SPECIFICATIONS  SHALL  IN  ADDITION  TO  SECURING  SUCH
 REPRESENTATION,  GIVE  DUE  WEIGHT  TO SENIORITY, PREVIOUS TRAININGS AND
 EXPERIENCE, PREVIOUS WORK FOR THE BOARD OF  ELECTIONS  OR  IN  ELECTIONS
 ADMINISTRATION  OR  IN VOTING RIGHTS, EDUCATION AND PROFESSIONAL CREDEN-
 TIALS, AND PERFORMANCE RATINGS WHERE AVAILABLE. THIS PARAGRAPH SHALL NOT
 BE CONSTRUED TO REQUIRE THE PREPARATION OF ADMINISTRATION OF COMPETITIVE
 EXAMINATION OF ELIGIBLE LIST FOR ANY TITLE, NOR SHALL IT BE CONSTRUED TO
 REQUIRE THE TERMINATION OF ANY  INDIVIDUAL  EMPLOYED  BY  THE  BOARD  OF
 ELECTIONS  OF  THE  CITY  OF NEW YORK PRIOR TO THE ESTABLISHMENT OF SUCH
 SPECIFICATIONS;
   (II) POLICIES PROTECTING EMPLOYEES  FROM  RETALIATION  FOR  DISCLOSING
 INFORMATION  CONCERNING  ACTS  OF WRONGDOING, MISCONDUCT, MALFEASANCE OF
 OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER;
   (III) POLICIES PROVIDING FOR APPROPRIATE ONGOING TRAINING  OF  EMPLOY-
 EES,  INCLUDING THOSE INDIVIDUALS EMPLOYED PRIOR TO THE ESTABLISHMENT OF
 SUCH POLICIES, WITH THE PURPOSE OF ENSURING THAT ALL EMPLOYEES HAVE  THE
 KNOWLEDGE AND EXPERIENCE TO FULFILL THE DUTIES OF THE POSITION THAT THEY
 HOLD;
   (IV)  POLICIES TO REQUIRE THE POSTING OF ALL VACANT POSITIONS FOURTEEN
 DAYS BEFORE INTERVIEWS COMMENCE. ALL POSTINGS SHALL  BE  ON  A  PUBLICLY
 ACCESSIBLE WEBSITE, IN THE CITY RECORD, OR ON AN OPEN DATA PORTAL. NOTH-
 ING SHALL PREVENT THE POSTING OF VACANCIES ON ALL THREE; AND
   (V)  POLICIES  ESTABLISHING AN EMPLOYEE PERFORMANCE EVALUATION PROGRAM
 BASED UPON EVIDENCE OF WORK ACTUALLY PERFORMED BY EMPLOYEES AS  COMPARED
 WITH PRE-ESTABLISHED PERFORMANCE STANDARDS;
   (2)  EXERCISING  ALL  THE  POWERS  AND  DUTIES  DELEGATED TO BOARDS OF
 ELECTIONS, OR SPECIFICALLY TO THE BOARD OF ELECTIONS OF THE CITY OF  NEW
 YORK,  EXCEPT  WHERE  SUCH  POWERS AND DUTIES ARE EXPRESSLY RESERVED FOR
 SUCH BOARD PURSUANT TO THIS SUBDIVISION,  IN  ALL  MATTERS  RELATING  TO
 QUALIFICATION OF VOTERS, VOTER REGISTRATION AND ENROLLMENT, CANCELLATION
 OF  VOTER  REGISTRATION, CHANGE OF VOTER STATUS AND REGISTRATION RECORDS
 PURSUANT TO ARTICLE FIVE OF THIS CHAPTER; IN  ALL  MATTERS  RELATING  TO
 CREATION  AND ALTERATIONS OF ELECTION DISTRICTS PURSUANT TO ARTICLE FOUR
 OF THIS CHAPTER, AND IN ALL MATTERS RELATING TO  DESIGNATION  OF  PLACES
 FOR  REGISTRATION AND POLLING PLACES PURSUANT TO ARTICLES FIVE AND EIGHT
 OF THIS CHAPTER; AND
   (3) EXERCISING THE POWERS AND DUTIES DELEGATED TO BOARDS OF ELECTIONS,
 OR SPECIFICALLY TO THE BOARD OF ELECTIONS OF THE CITY OF  NEW  YORK,  IN
 ALL OTHER MATTERS RELATED TO THE ADMINISTRATION OF ELECTIONS IN THE CITY
 OF NEW YORK NOT OTHERWISE SPECIFIED IN THIS SUBDIVISION.
 S. 619--A                           7
 
   (F)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, IN LIEU OF ANY
 OTHERWISE APPLICABLE  LAW  CONCERNING  PUBLIC  CONDUCT  OF  BUSINESS  OR
 RENDERING  OF  DETERMINATIONS  BY  THE  EXECUTIVE  DIRECTOR,  THEY SHALL
 PROVIDE INFORMATION TO THE BOARD OF ELECTIONS OF THE CITY  OF  NEW  YORK
 AND THE PUBLIC IN ACCORDANCE WITH THIS PARAGRAPH.
   (1)  AT  REGULAR  MEETINGS  OF SUCH BOARD CONDUCTED IN ACCORDANCE WITH
 ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, THE EXECUTIVE  DIRECTOR  SHALL
 REPORT TO THE COMMISSIONERS OF SUCH BOARD ON THE DISCHARGE OF ANY POWERS
 AND  DUTIES  EXERCISED  BY THE EXECUTIVE DIRECTOR UNDER PARAGRAPH (E) OF
 THIS SUBDIVISION AS WELL AS ANY ADDITIONAL RELEVANT INFORMATION  AS  MAY
 BE REQUESTED BY MAJORITY VOTE OF SUCH BOARD. AT SUCH MEETINGS, A REASON-
 ABLE OPPORTUNITY SHALL BE PROVIDED TO THE PUBLIC TO PROVIDE ORAL COMMENT
 ON THE ACTIONS AND OPERATIONS OF THE BOARD AND ITS STAFF.
   (2)  NOT  LATER  THAN JANUARY THIRTY-FIRST OF EACH YEAR, THE EXECUTIVE
 DIRECTOR SHALL PROVIDE TO THE APPOINTING AUTHORITIES A REPORT  REGARDING
 THE ACTUAL PERFORMANCE OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
 AS  AN  AGENCY  FOR THE PREVIOUS CALENDAR YEAR, RELATIVE TO PROGRAMMATIC
 GOALS AND MEASURES. SUCH REPORT SHALL INCLUDE SUCH  ADDITIONAL  INFORMA-
 TION,  AND  BE PRESENTED IN SUCH FORM, AS MAY BE SPECIFIED IN WRITING BY
 THE CITY COUNCIL AND SPEAKER AND COMMUNICATED TO THE EXECUTIVE  DIRECTOR
 NO  LATER  THAN  DECEMBER  FIRST OF THE PREVIOUS CALENDAR YEAR, PROVIDED
 THAT ANY SPECIFICATION REQUIRING THE COLLECTION OR MAINTENANCE OF  ADDI-
 TIONAL  DATA  NOT  ALREADY COLLECTED OR MAINTAINED SHALL BE SPECIFIED AT
 LEAST THREE  MONTHS  PRIOR  TO  THE  ANTICIPATED  COMMENCEMENT  OF  SUCH
 COLLECTION  OR  MAINTENANCE. FURTHER, AT LEAST ONCE ANNUALLY, THE EXECU-
 TIVE DIRECTOR AND ELECTIONS COMMISSIONERS SHALL PRESENT ON THE  FINDINGS
 OF  THE  REPORT  AT  A  PUBLIC  HEARING IN FRONT OF THE CITY COUNCIL AND
 ANSWER ANY QUESTIONS OR PROVIDE ANY  ADDITIONAL  FOLLOW  UP  INFORMATION
 ASKED FOR BY THE COUNCIL.
   (3) FOR EACH ELECTION, THE BOARD SHALL TRACK AND REPORT KEY VOTING AND
 ELECTION  ADMINISTRATION  DATA, INCLUDING: TURNOUT BY ELECTION DISTRICT;
 AVERAGE WAIT TIMES BY POLL SITE AND ELECTION DISTRICT;  CALL  VOLUME  BY
 POLL  SITE  AND  TYPES OF COMPLAINTS RECEIVED; THE TYPE AND FREQUENCY OF
 USE OF DIFFERENT VOTING METHODS, INCLUDING ABSENTEE, EARLY, AND ELECTION
 DAY VOTING, AFFIDAVIT BALLOT USAGE  RATES;  RATES  OF  AND  REASONS  FOR
 BALLOT  REJECTIONS;  AND,  LANGUAGE INTERPRETER STAFFING BY LANGUAGE PER
 POLL SITE.
   § 6. Subdivision 3 of section 4-136 of the election law, as amended by
 chapter 155 of the laws of 2010, is amended to read as follows:
   3. In the  city  of  New  York  all  leased  or  purchased  equipment,
 supplies,  ballots,  printing and publications, except newspaper notices
 and advertisements, to be used  or  furnished  by  such  board,  may  be
 procured  for  it by the purchasing department or agency of such city as
 if such board were an agency of such city. Such board shall comply  with
 the  rules and regulations of the New York city procurement policy board
 and applicable state law FOR ALL PURCHASE CONTRACTS, INCLUDING  BUT  NOT
 LIMITED TO PURCHASE OF GOODS, SERVICES OR TECHNOLOGY.
   §  7.  Notwithstanding  any inconsistent provision of law, the current
 board of elections commissioners for the city of New York shall  perform
 the  functions  assigned  to  the  commissioners until the expiration of
 their term.
   § 8. Notwithstanding any inconsistent provision of this act, until the
 executive director takes office in accordance with section 3-300 of  the
 election  law,  as  amended  by  section five of this act, the executive
 director or deputy executive director of the board of elections  of  the
 city  of  New  York  appointed  by such board and representative of such
 S. 619--A                           8

 party shall perform the functions assigned to the  applicable  executive
 director by such section of the election law, as amended by this act, or
 any  other  law.    Further,  while  remaining in office, such executive
 director  and  deputy executive director shall be subject to removal and
 replacement by action of such board, consistent with the  provisions  of
 section 3-300 of the election law as such section was in existence prior
 to  its  amendment  by this act.   If an executive director has not been
 appointed by May 1, 2025, the status of the executive director or deputy
 executive director appointed by such board  and  representative  of  the
 applicable  political  party  shall  terminate,  and the new position of
 executive director shall be deemed  in  existence  and  vacant  for  all
 purposes after such date.
   §  9.  Severability.  If  any provision of this act is held invalid or
 ineffective in whole or in part or inapplicable to any person  or  situ-
 ation, such invalidity or holding shall not affect, impair or invalidate
 other  provisions  or  applications of this act that can be given effect
 without the invalid provision or application, and all  other  provisions
 thereof  shall  nevertheless  be  separately and fully effective, and to
 this end the provisions of this act are declared to be severable.
   § 10. This act shall take effect immediately; provided, however,  that
 sections  one, three, four, and five of this act shall take effect Janu-
 ary 1, 2025; and provided further, however, that sections six, seven and
 eight of this act shall take effect on the sixtieth day after  it  shall
 have become a law.