§ 3-100. New York state board of elections; membership; organization.
1. There is hereby created within the executive department a New York
state board of elections, hereafter referred to as the "state board of
elections", composed of four commissioners appointed by the governor:
two commissioners, one each from among not fewer than two persons
recommended by the chairman of the state committee of each of the major
political parties; and two other commissioners, one upon the joint
recommendation of the legislative leaders, of one major political party,
in each house of the legislature and one upon the joint recommendation
of the legislative leaders, of the other major political party, in each
house of the legislature. The commissioners shall be appointed for terms
of two years each and in the same manner as their respective
predecessors. A commissioner appointed to the board to fill a vacancy
caused other than by expiration of a term, shall serve for the balance
of the unexpired term. In the event that there is a vacancy in the
office of the commissioner appointed on the recommendation of such
legislative leaders caused by expiration of term or otherwise, such
legislative leaders responsible for making the joint recommendation to
fill such vacancy shall jointly recommend an individual to fill such
vacancy and the governor shall make the appointment from such joint
recommendation within thirty days of receiving such joint
recommendation. In the event the governor does not act on such joint
recommendation within thirty days or objects to such joint
recommendation, then the legislative leaders making such joint
recommendation shall have the option of: (a) appointing the individual
so jointly recommended as a commissioner, or (b) jointly recommending
another individual for appointment by the governor according to the
procedure outlined in this subdivision.

2. The two commissioners of the board appointed upon the
recommendation of the legislative leaders shall be co-chairs of the
state board of elections.

3. The commissioners of the state board of elections shall have no
other public employment. The commissioners shall receive an annual
salary of twenty-five thousand dollars, within the amounts made
available therefor by appropriation. The board shall, for the purposes
of sections seventy-three and seventy-four of the public officers law,
be a "state agency", and such commissioners shall be "officers" of the
state board of elections for the purposes of such sections. Within the
amounts made available by appropriation therefor, the state board of
elections shall appoint two co-executive directors, and such other staff
members as are necessary in the exercise of its functions, and may fix
their compensation. The commissioners or, in the case of a vacancy on
the board, the commissioner of each of the major political parties shall
appoint one co-executive director. Each co-executive director shall
serve a term of four years. Any vacancy in the office of co-executive
director shall be filled by the commissioners or, in the case of a
vacancy on the board, the commissioner of the same major political party
as the vacating incumbent for the remaining period of the term of such
vacating incumbent.

3-a. There is established within the state board of elections the
office of chief enforcement counsel to head the division of election law
enforcement. Such counsel shall serve in said office for a fixed term of
five years commencing September first, two thousand fourteen, and may
only be removed by the governor for substantial neglect of duty, gross
misconduct in office, or the inability to discharge the powers or duties
of office, upon notice with an opportunity to be heard. The chief
enforcement counsel shall have sole authority over personnel decisions
within the enforcement division. All hiring decisions made by the chief
enforcement counsel shall be made without regard to political
affiliation. The chief enforcement counsel shall not hold any other
public office, be a party officer during his or her term of office, or
otherwise engage in outside employment. He or she shall be chosen by the
governor which choice shall be confirmed by each house of the
legislature separately by a majority vote of the members elected to each
house of the legislature.

4. For the purposes of meetings, three commissioners shall constitute
a quorum. The affirmative vote of three commissioners shall be required
for any official action of the state board of elections.

5. The principal office of the state board of elections shall be in
the county of Albany.