The New York State Senate

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

                                  1989

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2017
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Election Law

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.
  § 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.
  § 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03386-01-7