S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  3208
                       2011-2012 Regular Sessions
                          I N  A S S E M B L Y
                            January 24, 2011
                               ___________
Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Election Law
AN ACT to amend the election law, in  relation  to  the  appointment  of
  commissioners of elections
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. Subdivision 4 of section 3-204  of  the  election  law,  as
amended  by  chapter  116  of  the  laws  of 2010, is amended to read as
follows:
  4. Commissioners of [election] ELECTIONS shall  be  appointed  by  the
county  legislative  body, or in the city of New York, by the city coun-
cil.   Provided, however, that [if a  legislative  body  shall  fail  to
appoint  any  person recommended by a party for appointment as a commis-
sioner 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 political  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] THE LEGISLA-
TIVE BODY SHALL AUTOMATICALLY APPROVE ANY  RECOMMENDATIONS  FOR  COMMIS-
SIONERS OF ELECTIONS BY A PARTY.
  S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07062-01-1