BILL NUMBER:  S7742

 TITLE OF BILL :
An act to amend the election law, in relation to appointment of
commissioners of election


 PURPOSE OR GENERAL IDEA OF BILL :
This bill is intended to preserve the bipartisan nature of all boards
of elections, as required by the New York State Constitution, by
making the political party nomination of a board of elections
commissioner effective within 30 days of the nomination when the
legislative body fails to act on the nomination and there are no
members of the legislative body who are members of the party making
the nomination.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of the bill amends election law § 3-204(4) to provide that
when a legislative body fails to act on a political party's nomination
of a board of elections commissioner and there are no members of the
legislative body who are members of the party making the nomination,
such appointment will take effect upon the expiration of 30 days from
the filing of the certificate of nomination.

Section 2 of the bill is the effective date.

              

 JUSTIFICATION :
Article II, section B of the New York Constitution requires that all
laws creating, regulating or affecting boards of elections ensure
equal representation of the 2 major political parties at such board.
The Constitution further provides that the officers of such boards
shall be appointed in such a manner as the Legislature directs upon
the nomination of representatives of the each of the two major
political parties. Election Law § 3-204 provides the mechanism for
making the nomination and for the subsequent appointment of the
nominee.  Specifically, the commissioners shall be appointed by the
legislative body in the county or, in the city of New York, by the
city council.  Moreover, if the legislative body fails to act within
30 days, the members of the legislative body who are members of the
political party making the nomination, may appoint the nominee.

However, there are counties in New York which are governed by
legislative bodies that contain only members of one of the major
statewide political parties. The statute does not address how a
nominated commissioner is appointed in such circumstances after the
legislative body fails to act. This bill is intended to maintain the
bipartisan nature of the board of elections by providing that an
appointment will take effect within 30 days of the legislative body's
failure to act when there are no members of the legislative body who
are members of the party making the nomination.

 FISCAL IMPLICATION :
None.

 EFFECTIVE DATE :
Immediately.