S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1015
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT  to amend the election law, in relation to permitting candidates
   for office to be employees of a board of elections with prior authori-
   zation and a majority vote of the election commissioners

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 3-304 of the election law, as
 added by a chapter of the laws of 2024 amending the election law  relat-
 ing  to  prohibiting  conflicts  of  interest  among  board of elections
 employees, as proposed in  legislative  bills  numbers  S.612-D  and  A.
 1244-D, is amended to read as follows:
   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, WITHOUT PRIOR
 AUTHORIZATION BY A MAJORITY VOTE OF THE BOARD OF ELECTIONS COMMISSIONERS
 AND IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE STATE BOARD.
   (A) THE STATE BOARD SHALL PROMULGATE RULES AND REGULATIONS RELATING TO
 THE  CIRCUMSTANCES  THAT MAY PERMIT A BOARD OF ELECTIONS TO AUTHORIZE AN
 EMPLOYEE WHO IS ALSO A CANDIDATE FOR AN OFFICE WHO HAS AN ELECTION OVER-
 SEEN BY THE BOARD  AT  WHICH  THEY  ARE  EMPLOYED  TO  REMAIN  EMPLOYED,
 PROVIDED  THAT  SUCH  EMPLOYEE  BE  RESTRICTED  FROM  WORKING ON MATTERS
 DIRECTLY RELATED TO THE  ELECTION  IN  THE  JURISDICTION  IN  WHICH  THE
 EMPLOYEE  IS  A  CANDIDATE AND ANY OTHER RESTRICTIONS SET FORTH BY STATE
 BOARD RULES AND REGULATIONS.
   (B) For the purposes of this article, a board  of  elections  employee
 shall  be  deemed  a  candidate for elective office upon the filing of a
 designating or nominating petition 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02799-01-5
 A. 1015                             2
 
 such  time as their candidacy shall cease, or upon the day following the
 certification of election  results  for  such  office,  whichever  comes
 first.
   (C)  Notwithstanding the provisions of this section, when there are no
 primary elections for the office being sought by  a  candidate  that  is
 employed  by  the  board  of elections, that candidate may remain on the
 board of elections payroll for no more  than  ninety  days  prior  to  a
 general election.
   (D) The provisions of this subdivision shall not apply to unpaid party
 positions.
   §  2.    This  act  shall take effect on the same date and in the same
 manner as a chapter of the laws of 2024 amending the election law relat-
 ing to prohibiting  conflicts  of  interest  among  board  of  elections
 employees,  as  proposed  in  legislative  bills  numbers S.612-D and A.
 1244-D, takes effect.