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Assembly Bill A10054A

2017-2018 Legislative Session

Relates to the appointment of commissioners of elections

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2017-A10054 - Details

Law Section:
Election Law
Laws Affected:
Amd §3-204, El L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6326
2021-2022: A8474
2023-2024: A3804

2017-A10054 - Summary

Relates to the appointment of commissioners of elections.

2017-A10054 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10054
 
                           I N  A S S E M B L Y
 
                              March 12, 2018
                                ___________
 
 Introduced by M. of A. TAYLOR -- read once and referred to the Committee
   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.  (A)  Commissioners  of  election  shall be appointed by the county
 legislative body, or in the city of New York, by the city council.
   (B) 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,] TAKE ACTION ON A RECOMMENDATION  BY  A
 PARTY  within thirty days after the filing of a certificate of recommen-
 dation with such legislative body, then the MEMBER OR  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.
   (C)  WHERE  THE  LEGISLATIVE  BODY INCLUDES A MEMBER OR MEMBERS OF THE
 POLITICAL PARTY WHICH FILED SUCH CERTIFICATE, AND NO ACTION IS TAKEN  ON
 SUCH  RECOMMENDATION  BY  EITHER  THE LEGISLATIVE BODY OR SUCH MEMBER OR
 MEMBERS WITHIN SIXTY DAYS AFTER THE FILING OF ANY SUCH CERTIFICATE,  THE
 APPOINTMENT SHALL TAKE EFFECT UPON THE EXPIRATION OF SUCH SIXTY DAYS.
   (D)  If [none of the], PURSUANT TO THIS SUBDIVISION, EITHER THE LEGIS-
 LATIVE BODY OR THE MEMBERS OF SUCH LEGISLATIVE BODY WHO ARE  MEMBERS  OF
 THE  POLITICAL  PARTY  WHICH  FILED  SUCH CERTIFICATE REJECT ANY persons
 named in any of the certificates filed by  a  party  [are  so  appointed
 within  sixty days after the filing of any such certificate] BY MAJORITY
 VOTE, then such party may file another certificate  within  thirty  days
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2017-A10054A (ACTIVE) - Details

Law Section:
Election Law
Laws Affected:
Amd §3-204, El L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6326
2021-2022: A8474
2023-2024: A3804

2017-A10054A (ACTIVE) - Summary

Relates to the appointment of commissioners of elections.

2017-A10054A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10054--A
 
                           I N  A S S E M B L Y
 
                              March 12, 2018
                                ___________
 
 Introduced by M. of A. TAYLOR -- read once and referred to the Committee
   on  Election  Law  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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. (A) Commissioners of election shall  be  appointed  by  the  county
 legislative body, or in the city of New York, by the city council.
   (B)  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
 MEMBER  OR members of such legislative body who are members of the poli-
 tical 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] PERSON NAMED IN THE CERTIFICATE OF PARTY
 RECOMMENDATION  SHALL  BE DEEMED APPOINTED upon the expiration of thirty
 days from the date that the certificate was filed.
   (C) WHERE THE LEGISLATIVE BODY INCLUDES A MEMBER  OR  MEMBERS  OF  THE
 POLITICAL  PARTY WHICH FILED SUCH CERTIFICATE, AND NO ACTION IS TAKEN TO
 APPOINT SUCH RECOMMENDED PERSON BY EITHER THE LEGISLATIVE BODY  OR  SUCH
 MEMBER OR MEMBERS WITHIN SIXTY DAYS AFTER THE FILING OF ANY SUCH CERTIF-
 ICATE,  THE  PERSON  NAMED IN SUCH CERTIFICATE SHALL BE DEEMED APPOINTED
 UPON THE EXPIRATION OF SUCH SIXTY DAYS.
   (D) If [none of the], PURSUANT TO THIS  SUBDIVISION,  THE  MEMBERS  OF
 SUCH LEGISLATIVE BODY WHO ARE MEMBERS OF THE POLITICAL PARTY WHICH FILED
 SUCH  CERTIFICATE  REJECT  ANY  persons named in any of the certificates
 filed by a party [are so appointed within sixty days after the filing of
 any such certificate] BY MAJORITY VOTE, then such party may file another
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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