senate Bill S90

2011-2012 Legislative Session

Relates to the composition of boards of elections

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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
Feb 08, 2012 opinion referred to judiciary
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to judiciary
Apr 27, 2011 opinion referred to judiciary
Jan 14, 2011 to attorney-general for opinion
Jan 05, 2011 referred to judiciary

S90 - Bill Details

See Assembly Version of this Bill:
A10757
Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 2 ยง8, Constn
Versions Introduced in 2009-2010 Legislative Session:
S5288A, A657A, S90

S90 - Bill Texts

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Relates to the composition of boards of elections.

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BILL NUMBER:S90

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 8 of article 2 of the constitution, in
relation to the composition of boards of elections

PURPOSE:
To amend the constitution to enable the legislature to set
qualifications for members and officers of boards of elections.

SUMMARY OF PROVISIONS:
The bill proposes to amend section 8 of Article 2 of the State
Constitution to enable to set qualifications for members and officers
of boards of elections.

JUSTIFICATION:
The Constitution specifies that the two parties that receive the
highest and next highest number of votes shall be equally represented
on boards of elections. However, it does not provide for or authorize
the legislature to provide for qualifications of the individuals who
serve. Without affecting the bipartisan parity requirement, this
proposed constitutional change would allow the legislature to enact
legislation specifying qualifications for members and officers of
boards of elections that the legislature deems appropriate for the
boards to carry out their duties in administering elections. The
present bill is silent on what specific qualifications might be
appropriate, leaving that to later legislative enactment.

LEGISLATIVE HISTORY:
2010: S.5288A (Passed Senate)/A.657A (Kavanagh) - Judiciary
2008: A.9096 (Kavanagh) - Judiciary
2007: A.9096 (Kavanagh) - Judiciary

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
Resolved, (if the Assembly concur), That the foregoing amendment be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

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

                                   90

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 8 of article 2 of the constitution, in
  relation to the composition of boards of elections

  Section 1. Resolved (if the Assembly concur), That section 8 of  arti-
cle 2 of the constitution be amended to read as follows:
  S  8.  All  laws  creating, regulating or affecting boards or officers
charged with the duty of qualifying voters, or of  distributing  ballots
to  voters,  or  of receiving, recording or counting votes at elections,
shall secure equal representation of the two political parties which, at
the general election next preceding that for which such boards or  offi-
cers  are  to  serve,  cast  the  highest and the next highest number of
votes. 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 AND SHALL HAVE  SUCH
OTHER  QUALIFICATIONS FOR PERFORMING THEIR DUTIES AS THE LEGISLATURE MAY
DIRECT.  Existing laws on this subject shall continue until the legisla-
ture shall otherwise provide. This section shall not apply to  town,  or
village elections.
  S  2.  Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89010-01-1

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