NY State Senate Bill 2017-S1351

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
Jan 09, 2017	referred to elections

2017-S1351 (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
2015-2016: S3703

2017-S1351 (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

2017-S1351 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1351

 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. BOB 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.

2017-S1351 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1351
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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".
   § 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.

                                                            LBD06949-01-7

 S. 1351                             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.
   §  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.
   § 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. 1351                             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.
   § 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.
   § 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.
   § 7. This act shall take effect January 1, 2018.

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Senate Bill S1351

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

2017-S1351 (ACTIVE) - Details

2017-S1351 (ACTIVE) - Summary

2017-S1351 (ACTIVE) - Sponsor Memo

2017-S1351 (ACTIVE) - Bill Text download pdf

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Sponsored By

Marisol Alcantara

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

2017-S1351 (ACTIVE) - Details

2017-S1351 (ACTIVE) - Summary

2017-S1351 (ACTIVE) - Sponsor Memo

2017-S1351 (ACTIVE) - Bill Text download pdf

Comments