BILL NUMBER:  S5694

 TITLE OF BILL :

An act to amend the election law, in relation to the appointment of
election commissioners


 PURPOSE :

Section 1: Amends Election Law section 3-204 subdivision 4 to provide
that when a party has issued a certificate of recommendation for an
election commissioner and the county legislative body (or, in the case
of New York City, the City Council) has failed to appoint the
recommended person within thirty days, then the party that recommended
such appointment can submit a new certificate of recommendation for
that commissioner and his or her appointment will become effective on
the date of filing of that recommendation.

Section 2: Provides that the Act takes effect immediately.

 EXISTING LAW :

Under the existing law, when a legislative body fails to appoint the
person recommended within thirty days, then the members of the
legislative body who are members of the political party that filed the
              

certificate of recommendation may appoint such person within sixty
days after its filing.  And, if none of the people in the certificate
are so appointed, then the party may file another certificate
recommending a different person after the end of that sixty day
period.

 JUSTIFICATION :

When a county legislative body is not just controlled by one party,
but its members solely belong to one party, there is nobody from the
other party in the county legislature who can appoint that party's
recommendation for election commissioner as permitted by the statute
as it currently exists. The party in power could then block any
appointment of an election commissioner from the other party, despite
the requirement of the N.Y.S. Constitution, Article II, Section 8 that
on boards of elections there shall be "equal representation of the two
political parties ... All such boards and officers shall be appointed
or elected in such manner, and upon the nomination of such
representatives of said parties respectively, as the legislature may
direct."

On September 25, 2008, the Democratic Committee in Hamilton County
nominated Cathleen E.  Rogers for reappointment as the Democratic
Election Commissioner, a post which she has held since 1991.
Nevertheless, reportedly because of undisclosed complaints, her
appointment was delayed and tabled, and was not approved until more
than ninety (90) days later on December 29, 2008. Because there were
no Democratic members of the county legislature, there was no group of
Democratic party members within the legislature who could appoint her
as permitted by Section 3-204 subdivision 4. Taken to its ultimate
extreme, which this incident approaches, a one party county
legislature could force the other party to appoint an election
commissioner chosen by the party that is in power.

The untenable situation created in Hamilton County has led the
bipartisan Election Commissioners Association to not only recommend
this legislation, but also to declare that it is their number one
priority.

 LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill is effective immediately.