senate Bill S1322

2011-2012 Legislative Session

Prohibits election commissioners and deputy commissioners from holding a publicly elected office

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to elections
Jan 06, 2011 referred to elections

Co-Sponsors

S1322 - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §3-200, El L
Versions Introduced in 2009-2010 Legislative Session:
S1434A

S1322 - Bill Texts

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Prohibits election commissioners and deputy commissioners from holding a publicly elected office or from being the respective chair of the county democratic or republican committees.

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BILL NUMBER:S1322

TITLE OF BILL:
An act
to amend the election law, in relation to prohibiting election
commissioners and deputy elections commissioners from holding a publicly
elected office

PURPOSE:
This bill would prohibit election commissioners and deputy election
commissioners from holding an elected office or serving as
chairperson of the respective democratic or republican party or
committee in such county with the exception of notary public,
commissioner of deeds, member of a community board within the city of
New York or trustee of school officer outside of a city.

SUMMARY OF PROVISIONS:
This bill amends subdivision four of section 3-200 of the election law
by adding deputy commissioner of elections to the section and
striking provisions within the section that allow a commissioner of
elections to be a village officer, town judge, city judge or as
chairperson of the respective democratic or republican party or
committee in such county.

JUSTIFICATION:
This bill prohibits an election commissioner or deputy election
commissioner from serving as a village officer, town judge, city
judge or as chairperson of the respective democratic or republican
party or committee in such county.
Currently under the statute exceptions are carved out allowing these
purportedly non-partisan appointed representatives to run for elected
office in villages and as town and city judges. Under the current
statute, it is illogical for commissioners and deputy commissioners
to serve as neutral referees of the electoral process while at the
same time being able to run on a particular political party ticket
for the elected positions carved out as exceptions in the statute or
to serve as chairperson of the respective democratic or republican
party or committee in such county that works to elect candidates
running on his/her party line. In addition, serious conflicts of
interest could arise in the event a commissioner did run for one of
the excepted positions in the statute only to have to turn around and
rule on objections to petitions, the validity of absentee ballots,
affidavit ballots, and eventually certify the race he or she ran for.

LEGISLATIVE HISTORY:
2009/10 - S.1434A Passed Senate
2007/08 - S.1505/A.6766 Referred to Elections
2007/08 - A.6766 Referred to Election Law
2005-06 - S.7860/A.10820 Referred to Election Law

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.


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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1322

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced by Sens. DILAN, DIAZ, PARKER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Elections

AN  ACT  to  amend the election law, in relation to prohibiting election
  commissioners  and  deputy  elections  commissioners  from  holding  a
  publicly elected office

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 3-200  of  the  election  law,  as
amended  by  chapter  195  of  the  laws  of 2003, is amended to read as
follows:
  4. No person [shall be] appointed as election commissioner  or  DEPUTY
ELECTION  COMMISSIONER SHALL continue to hold office who is not a regis-
tered voter in the county and not an enrolled member of the party recom-
mending his OR HER appointment, OR WHO IS THE CHAIR  OF  THE  RESPECTIVE
DEMOCRATIC  OR REPUBLICAN PARTY OR COMMITTEE IN SUCH COUNTY or who holds
any other public office, except that of commissioner  of  deeds,  notary
public,  [village  officer, city or town justice,] member of a community
board within the city of New York or trustee  or  officer  of  a  school
district outside of a city.
  S  2. Subdivision 6 of section 3-200 of the election law is amended to
read as follows:
  6. An election commissioner OR DEPUTY ELECTION COMMISSIONER shall  not
be  a  candidate  for  any  elective office which he OR SHE would not be
entitled to hold under the provisions of this article, unless he OR  SHE
has  ceased  by  resignation  or otherwise, to be commissioner OR DEPUTY
COMMISSIONER prior to his OR HER  nomination  or  designation  therefor.
Otherwise such nomination or designation shall be null and void.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02920-01-1

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