senate Bill S433A

2013-2014 Legislative Session

Prohibits election commissioners and deputy election 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 08, 2014 referred to elections
Mar 25, 2013 print number 433a
amend and recommit to elections
Jan 09, 2013 referred to elections

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S433 - Bill Details

See Assembly Version of this Bill:
A1815B
Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §3-200, El L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1322
2009-2010: S1434A

S433 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S433

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:
2011/12 - S.1322
2009/10 - S.1434A Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.


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

                                   433

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, 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.
                                                           LBD00409-01-3

Co-Sponsors

S433A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1815B
Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §3-200, El L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1322
2009-2010: S1434A

S433A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S433A

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, except any person currently serving as an
election commissioner or deputy election commissioner, from serving as
chairperson of the respective democratic or republican parry and would
prohibit election commissioners and deputy commissioners from holding
most other public offices.

SUMMARY OF PROVISIONS: This bill amends election law section 3-200(4)
and (6) by adding deputy commissioner of elections to both sections;
by Prohibiting an election commissioner or deputy commissioner, except
any person currently serving as an election commissioner or deputy
election commissioner, from serving as chairperson of the respective
democratic or republican party; and by striking provisions within
election law section 3-200(4) that allow a commissioner of elections
to be a village officer, town judge or a city judge.

JUSTIFICATION: This bill prohibits an election commissioner or deputy
election commissioner from serving as a village officer, town judge,
city judge or, except for any person currently serving as an election
commissioner or deputy election commissioner, as chairperson of the
respective democratic or republican party or committee in such county.

Current law carves out exceptions allowing appointed election
commissioners to run for elected office in villages and as town and
city judges. It is inappropriate for election 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 these excepted elected positions. In addition,
serious conflicts of interest could arise in the event a commissioner
or deputy commissioner runs for one of these offices and is then
called upon to rule on objections to petitions, the validity of
absentee ballots, affidavit ballots, and eventually certify the race
he or she ran for. Similarly, conflicts could arise for a commissioner
of election or deputy commissioner of election that serves as a
chairperson of the respective democratic or republican party and
therefore these commissioners, except any person currently serving as
an election commissioner or deputy election commissioner, will be
prohibited from serving as such a chairperson.

LEGISLATIVE HISTORY: None in Assembly; 2012: S.1322 (Dilan); 2010:
S.1434A Passed Senate

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

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

                                 433--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. DILAN, AVELLA -- read twice and ordered printed, and
  when  printed to be committed to the Committee on Elections -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

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; PROVIDED, HOWEVER, THAT THE PROVISION OF
THIS SUBDIVISION PROHIBITING AN ELECTION COMMISSIONER OR DEPUTY ELECTION
COMMISSIONER FROM CONTINUING TO HOLD OFFICE WHO  IS  THE  CHAIR  OF  THE
RESPECTIVE  DEMOCRATIC  OR  REPUBLICAN PARTY OR COMMITTEE IN SUCH COUNTY
SHALL NOT APPLY TO ANY PERSON CURRENTLY SERVING AS ELECTION COMMISSIONER
OR DEPUTY ELECTION COMMISSIONER.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00409-05-3

S. 433--A                           2

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.

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