NY State Senate Bill 2015-S3703

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to elections
Feb 17, 2015	referred to elections

2015-S3703 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§3-200, 3-202, 3-204, 3-212 & 4-120, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7847
2013-2014: S1829
2017-2018: S1351

2015-S3703 (ACTIVE) - Summary

Makes reforms to the New York city board of elections by decreasing members to five; provides that two shall be appointed by the speaker of the city council, two appointed by the NYC mayor and one appointed by both; provides for three year terms; limits such service to four terms

2015-S3703 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3703

TITLE OF BILL:

An act to amend the election law, in relation to creating the "Help
New York Vote act" for reforming the New York city board of elections

PURPOSE OF THE BILL:

This legislation will help ensure that New Yorker's have the
appropriate information about elections in a timely manner. This
legislation will also help promote and maintain fairness and
impartiality in NYC based elections.

SUMMARY OF SPECIFIC PROVISIONS:

Section 3-200; Subdivision 3 adjusts the NYC BOE from ten members to
five, with two (diff parties) being appointed by speaker of the city
council, two by NYC mayor and one (chair) will be selected jointly by
speaker and mayor (must alternate party affiliation).

Subdivision 4 restricts appointees from being an officer in a
political party, employee of NYC agency, or lobbyist.

Subdivision 9 ensures appointed election commissioner(s) shall not
make financial contributions to any candidate for any public office in

NYC.

Section 3-201; Subdivision 1 delineates that subsequent election
commissioners in NYC will serve for year terms (formally two) but will
be term limited to four terms.

Section 3-204; Subdivision 1 which sets up requirements for the
Political Party chairman or secretary to file a certificate of party
recommendation with the clerk of the appropriate local legislative
body (city council) no longer applies in NYC.

Section 3-212; Subdivision 5 amends to include that public computer
database must be accessible to voters and contain names, addresses and
voting locations of ALL eligible voters in an election district.

Section 4-120; Subdivision 3 is amended to require that the BOE of NYC
must publish all important information about. an upcoming election
thirty days (instead of eight) prior to election. BOE will also email
voters who provide email addresses the necessary information.

JUSTIFICATION:

Recent election controversies in New York City have illuminated a need
to ensure that accurate and timely information is available and
properly distributed to voters before an election, It is also
important that political power structures are held accountable with a
system of checks-and-balances to ensure potential voters are
encouraged to exercise their right to vote and not the other way
around.

PRIOR LEGISLATIVE HISTORY:


None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on January first, two thousand sixteen.

2015-S3703 (ACTIVE) - Bill Text download pdf

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

                                  3703

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- 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 creating the "Help New
  York Vote act" for reforming the New York city board of elections

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

  Section  1. This act may be known as and may be cited as the "Help New
York Vote act".
  S 2. Subdivisions 3 and 4 of section 3-200 of the election law, subdi-
vision 4 as amended by chapter 195 of the laws of 2003, are amended  and
three new subdivisions 8, 9 and 10 are added to read as follows:
  3.  In  the  city  of  New  York the board shall consist of [ten] FIVE
commissioners of election who shall be registered voters in  the  county
for  which  they are appointed [and they]. TWO shall be appointed by the
SPEAKER OF THE city council of the  city  of  New  York,  TWO  SHALL  BE
APPOINTED  BY THE NEW YORK CITY MAYOR AND ONE SHALL BE APPOINTED JOINTLY
BY THE SPEAKER OF THE CITY COUNCIL OF THE CITY OF NEW YORK AND  THE  NEW
YORK  CITY  MAYOR.  [Not more than two commissioners shall be registered
voters of the same county.] THE TWO MEMBERS APPOINTED BY THE SPEAKER  OF
THE  CITY COUNCIL OF THE CITY OF NEW YORK SHALL NOT BE REGISTERED IN THE
SAME POLITICAL PARTY.  THE TWO MEMBERS APPOINTED BY THE  NEW  YORK  CITY
MAYOR  SHALL  NOT BE REGISTERED IN THE SAME POLITICAL PARTY.  THE MEMBER
APPOINTED JOINTLY BY THE SPEAKER OF THE CITY COUNCIL OF THE CITY OF  NEW
YORK  AND  THE  NEW  YORK CITY MAYOR SHALL SERVE AS THE CHAIRPERSON, AND
SHALL BE REGISTERED TO A  DIFFERENT  POLITICAL  PARTY  THAN  THE  MEMBER
PREVIOUSLY  APPOINTED  JOINTLY BY THE SPEAKER OF THE CITY COUNCIL OF THE
CITY OF NEW YORK AND THE NEW YORK CITY MAYOR.
  4. No person shall be appointed as election commissioner  or  continue
to  hold  office  who is not a registered voter in the county and not an
enrolled member of the party recommending his appointment, or who  holds
any  other  public  office, except that of commissioner of deeds, notary

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08772-01-5

S. 3703                             2

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. NO PERSON SHALL  BE  APPOINTED  AS  ELECTION
COMMISSIONER  IN  THE  CITY OF NEW YORK WHO IS AN OFFICER IN A POLITICAL
PARTY, EMPLOYEE OF THE CITY OF NEW YORK  OR  AN  AGENCY  THEREOF,  IS  A
LOBBYIST  REQUIRED TO FILE A STATEMENT OF REGISTRATION OR BE EMPLOYED BY
A LOBBYIST.
  8. AN ELECTION COMMISSIONER IN THE CITY OF NEW YORK SHALL NOT  PARTIC-
IPATE  IN  ANY  CAPACITY IN A CAMPAIGN BY A CANDIDATE FOR NOMINATION FOR
ELECTION OR ELECTION TO THE OFFICE OF MAYOR, COMPTROLLER, BOROUGH PRESI-
DENT OR MEMBER OF THE CITY COUNCIL.
  9. AN ELECTION COMMISSIONER IN THE CITY OF NEW  YORK  SHALL  NOT  MAKE
FINANCIAL  CONTRIBUTIONS  TO  ANY CANDIDATE FOR ANY PUBLIC OFFICE IN THE
CITY OF NEW YORK.
  10. AN ELECTION COMMISSIONER IN THE CITY OF NEW YORK SHALL BE  REMOVED
FOR CAUSE AND UPON NOTICE AND HEARING.
  S  3. Subdivision 1 of section 3-202 of the election law is amended to
read as follows:
  1. The term of office of an election commissioner shall be  two  years
beginning  January  first  of  each odd numbered year except that in the
city of New York THE TERM SHALL BE THREE YEARS and the county  of  Sche-
nectady  the term shall be four years beginning on January first of each
alternate odd numbered year. The county legislative body  of  any  other
county  may  determine  that  the  commissioners of elections thereafter
appointed shall serve for a term of four years. Such  determination  may
be rescinded by a subsequent action of the county legislative body which
shall  take  effect  at the expiration of the terms of the commissioners
then in office.  ELECTION COMMISSIONERS IN THE CITY OF  NEW  YORK  SHALL
NOT SERVE MORE THAN FOUR TERMS.
  S 4. Subdivisions 1 and 4 of section 3-204 of the election law, subdi-
vision  4 as amended by chapter 116 of the laws of 2010, are amended and
a new subdivision 6 is added to read as follows:
  1. At least thirty days before the first day of January of any year in
which a commissioner of elections is to be appointed,  the  chairman  or
secretary of the appropriate party county committee shall file a certif-
icate  of  party  recommendation with the clerk of the appropriate local
legislative body.  THIS SUBDIVISION SHALL NOT APPLY TO THE CITY  OF  NEW
YORK.
  4. Commissioners of election shall be appointed by the county legisla-
tive  body, or in the city of New York, by the SPEAKER OF THE city coun-
cil AND THE NEW YORK CITY MAYOR. Provided, however, that if  a  legisla-
tive  body  shall  fail to appoint any person recommended by a party for
appointment as a commissioner 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 legis-
lative 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 legisla-

S. 3703                             3

tive body who are members of such party may appoint any eligible  person
to such office.
  6.  IF  AT  ANY  TIME  A  VACANCY OCCURS IN THE NEW YORK CITY BOARD OF
ELECTIONS, THE POSITION SHALL BE  FILLED  IN  THE  SAME  MANNER  AS  THE
ORIGINAL  APPOINTMENT,  AS  ESTABLISHED  IN SUBDIVISION THREE OF SECTION
3-200 OF THIS ARTICLE.
  S 5. Subdivision 5 of section 3-212 of the election law is amended  to
read as follows:
  5.  The board of elections of the city of New York[, upon the affirma-
tive vote of six commissioners, may adopt rules authorizing a number  of
commissioners  less  than  the  total  membership of the board to act on
behalf of the board on matters required to be  performed  by  boards  of
election  pursuant to the provisions of this chapter, provided that such
number shall be comprised of commissioners representing equally the  two
political parties entitled to representation on the board] SHALL DEVELOP
A  COMPUTER  DATABASE TO BE ACCESSIBLE TO THE PUBLIC WHICH SHALL CONTAIN
THE NAMES, LEGAL ADDRESSES AND VOTING LOCATIONS OF ALL  ELIGIBLE  VOTING
RESIDENTS IN AN ELECTION DISTRICT.
  S 6. Subdivision 3 of section 4-120 of the election law, as amended by
chapter 359 of the laws of 1989, is amended to read as follows:
  3. The board of elections of the city of New York shall publish on the
[eighth]  THIRTIETH day before and the day before each general election,
in at least two newspapers in such city, a  notice,  at  least  one-half
page  in  size,  in English and such other languages as such board deems
appropriate, which sets forth the dates and hours of  the  election  and
the  phone  number to call for information about the location of polling
places, their accessibility to the handicapped, applications for  absen-
tee  ballots  and any other subjects which such board deems appropriate.
THE BOARD OF ELECTIONS OF THE CITY  OF  NEW  YORK  SHALL  ELECTRONICALLY
NOTIFY  VOTERS  OF  SUCH INFORMATION WHERE ELECTRONIC MAIL ADDRESSES ARE
AVAILABLE.
  S 7. This act shall take effect January 1, 2016.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3703

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2015-S3703 (ACTIVE) - Details

2015-S3703 (ACTIVE) - Summary

2015-S3703 (ACTIVE) - Sponsor Memo

2015-S3703 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3703

Share this bill

Sponsored By

Adriano Espaillat

Archive: Last Bill Status - In Senate Committee Elections Committee

2015-S3703 (ACTIVE) - Details

2015-S3703 (ACTIVE) - Summary

2015-S3703 (ACTIVE) - Sponsor Memo

2015-S3703 (ACTIVE) - Bill Text download pdf

Comments