Senate Bill S6877

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6877
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                            September 20, 2017
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the election law, in relation to the exercise of  powers
   and  duties  of the board of elections of the city of New York and its
   executive management

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  3-300  of the election law is amended to read as
 follows:
   § 3-300. Board employees; appointment. [Every] 1. EXCEPT  AS  PROVIDED
 IN  SUBDIVISION  TWO  OF  THIS  SECTION,  EVERY board of elections shall
 appoint, and at its pleasure remove, clerks, voting machine technicians,
 custodians and  other  employees,  fix  their  number,  prescribe  their
 duties,  fix  their  titles and rank and establish their salaries within
 the amounts appropriated therefor by  the  local  legislative  body  and
 shall  secure  in the appointment of employees of the board of elections
 equal representation of the major political parties.  Every commissioner
 in each board of elections except for  commissioners  of  the  board  of
 elections  of the city of New York, may approve and at pleasure remove a
 deputy, establish his title and prescribe his duties. [In]
   2. (A) NOTWITHSTANDING ANY PROVISION OF GENERAL, SPECIAL OR LOCAL LAW,
 IN the city of New York, the board of elections shall appoint an  execu-
 tive director and a deputy executive director WHO SHALL EACH BE OF SEPA-
 RATE  MAJOR  POLITICAL PARTIES AND whose duties it shall be to supervise
 the operations of the board of elections [under the supervision of  such
 board]  IN  ACCORDANCE  WITH THIS SUBDIVISION. THE BOARD OF ELECTIONS OF
 THE CITY OF NEW YORK SHALL ADVISE  THE  EXECUTIVE  DIRECTOR  AND  DEPUTY
 EXECUTIVE  DIRECTOR ON MATTERS OF POLICY AFFECTING THE ADMINISTRATION OF
 ELECTIONS IN THE CITY OF NEW YORK. EXCEPT AS EXPRESSLY PROVIDED IN  THIS
 SUBDIVISION, SUCH BOARD SHALL EXERCISE NO EXECUTIVE POWER AND PERFORM NO
 EXECUTIVE  OR  ADMINISTRATIVE FUNCTIONS. EXCEPT AS EXPRESSLY PROVIDED IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13520-01-7

 S. 6877                             2
 
 THIS SUBDIVISION, SUCH BOARD  SHALL  MAKE  NO  INDIVIDUALIZED  DECISIONS
 CONCERNING  THE  EMPLOYMENT  OF ANY SPECIFIC PERSON OR THE REGISTRATION,
 ENROLLMENT OR QUALIFICATIONS OF ANY  SPECIFIC  VOTER.  NOTHING  IN  THIS
 SUBDIVISION  SHALL  BE  CONSTRUED TO REQUIRE OR AUTHORIZE THE DAY-TO-DAY
 SUPERVISION OF THE EXECUTIVE DIRECTOR OR DEPUTY  EXECUTIVE  DIRECTOR  BY
 THE  BOARD.  THE BOARD MAY DELEGATE POWERS AND DUTIES CONFERRED UPON THE
 BOARD TO THE EXECUTIVE DIRECTOR AND DEPUTY  EXECUTIVE  DIRECTOR,  TO  BE
 EXERCISED CONSISTENT WITH PARAGRAPH (C) OF THIS SUBDIVISION.
   (B)  THE  BOARD  SHALL  HAVE  THE POWER AND DUTY TO TAKE THE FOLLOWING
 ACTIONS TO THE EXTENT OTHERWISE CONSISTENT WITH THE JURISDICTION OF  THE
 BOARD PURSUANT TO THIS CHAPTER:
   (1) TAKE ANY ACTION AUTHORIZED BY SECTION 2-122-A OF THIS CHAPTER;
   (2)  TAKE  ANY ACTION RELATED TO THE CREATION, CONSOLIDATION, DIVISION
 OR ALTERATION OF ELECTION DISTRICTS PURSUANT TO SECTION  4-100  OF  THIS
 CHAPTER  AND  THE DESIGNATION OF POLL SITES PURSUANT TO SECTION 4-104 OF
 THIS CHAPTER;
   (3) MAKE DETERMINATIONS REGARDING THE NOMINATION  AND  DESIGNATION  OF
 CANDIDATES FOR PUBLIC OFFICE AND PARTY POSITIONS PURSUANT TO ARTICLE SIX
 OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (4)  MAKE  DETERMINATIONS  REGARDING  THE FORM AND CONTENT OF BALLOTS,
 INCLUDING BUT NOT LIMITED TO THE DETERMINATION OF CANDIDATES  AND  QUES-
 TIONS  TO APPEAR ON THE BALLOT PURSUANT TO SECTION 4-114 OF THIS CHAPTER
 AND THE CERTIFICATION OF BALLOTS PURSUANT TO TITLE ONE OF ARTICLE  SEVEN
 OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (5)  ADOPT  RESOLUTIONS  ELIMINATING  MEETINGS  FOR LOCAL REGISTRATION
 PURSUANT TO SUBDIVISION SIX OF SECTION 5-202 OF THIS CHAPTER;
   (6) MAKE DETERMINATIONS CONCERNING CHALLENGES  TO  VOTER  REGISTRATION
 AND  APPLICATIONS  OF  VOTERS  UNLAWFULLY  DENIED THE RIGHT TO REGISTER,
 PURSUANT TO TITLE TWO OF ARTICLE FIVE OF THIS CHAPTER;
   (7) MAKE DETERMINATIONS CONCERNING THE  ADOPTION  AND  USE  OF  VOTING
 MACHINES OR SYSTEMS PURSUANT TO SECTION 7-200 OF THIS CHAPTER;
   (8) CANVASS ELECTION RESULTS AND PERFORM ALL FUNCTIONS OF THE BOARD OF
 CANVASSERS  IN  THE  CITY  OF NEW YORK, INCLUDING BUT NOT LIMITED TO THE
 CERTIFICATION OF ELECTION RESULTS, PURSUANT TO ARTICLE NINE OR ANY OTHER
 RELEVANT PROVISION OF THIS CHAPTER;
   (9) TAKE ANY ACTION AUTHORIZED BY SECTION 3-218 OF THIS ARTICLE;
   (10) APPROVE ANY CONTRACT WHERE THE VALUE OF THE CONTRACT  EXCEEDS  OR
 PROJECTS  AN  ANNUAL  EXPENDITURE  EXCEEDING ONE MILLION DOLLARS FOR THE
 FISCAL YEAR OR WHERE THE VALUE OF ANY  CONTRACTS  AWARDED  TO  A  SINGLE
 ENTITY  EXCEEDS  OR  IS  PROJECTED TO EXCEED ONE MILLION DOLLARS FOR THE
 FISCAL YEAR; AND
   (11) PROMULGATE REGULATIONS, ISSUE ORDERS AND MAKE DECISIONS REGARDING
 GENERAL POLICIES AFFECTING THE ADMINISTRATION OF ELECTIONS OF  THE  CITY
 OF NEW YORK.
   (C) THE EXECUTIVE DIRECTOR AND DEPUTY EXECUTIVE DIRECTOR SHALL COLLEC-
 TIVELY  SERVE  AS  THE CHIEF EXECUTIVE FOR THE BOARD OF ELECTIONS OF THE
 CITY OF NEW YORK AND SHALL COLLECTIVELY EXERCISE ALL  THEIR  POWERS  AND
 DUTIES IN A MANNER NOT INCONSISTENT WITH THE POLICIES OF THE BOARD. SUCH
 POWERS AND DUTIES SHALL INCLUDE BUT NOT BE LIMITED TO:
   (1) APPOINTING, AND AT THEIR PLEASURE REMOVING, CLERKS, VOTING MACHINE
 TECHNICIANS,  CUSTODIANS  AND  OTHER  EMPLOYEES,  FIXING  THEIR  NUMBER,
 PRESCRIBING THEIR DUTIES, FIXING THEIR TITLES AND RANK AND  ESTABLISHING
 THEIR  SALARIES WITHIN THE AMOUNTS APPROPRIATED THEREFOR BY THE NEW YORK
 CITY COUNCIL. THEY SHALL SECURE IN THE APPOINTMENT  OF  EMPLOYEES  EQUAL
 REPRESENTATION  OF  THE  MAJOR POLITICAL PARTIES. THE EXECUTIVE DIRECTOR
 AND DEPUTY EXECUTIVE DIRECTOR MAY EACH DELEGATE POWERS AND DUTIES TO THE

 S. 6877                             3
 
 OTHER, AND MAY COLLECTIVELY DELEGATE POWERS AND DUTIES TO  EMPLOYEES  IN
 FURTHERANCE OF THE PURPOSES OF THIS CHAPTER;
   (2) EXERCISING THE POWERS AND DUTIES DELEGATED TO BOARDS OF ELECTIONS,
 OR  SPECIFICALLY  TO  THE  BOARD  OF  ELECTIONS OF THE CITY OF NEW YORK,
 EXCEPT WHERE SUCH POWERS AND DUTIES  ARE  EXPRESSLY  RESERVED  FOR  SUCH
 BOARD  PURSUANT  TO  THIS SUBDIVISION, IN ALL MATTERS RELATING TO QUALI-
 FICATION OF VOTERS, VOTER REGISTRATION AND ENROLLMENT,  CANCELLATION  OF
 VOTER  REGISTRATION,  CHANGE  OF  VOTER  STATUS AND REGISTRATION RECORDS
 PURSUANT TO ARTICLE FIVE OF THIS CHAPTER; AND
   (3) EXERCISING THE POWERS AND DUTIES DELEGATED TO BOARDS OF ELECTIONS,
 OR SPECIFICALLY TO THE BOARD OF ELECTIONS OF THE CITY OF  NEW  YORK,  IN
 ALL  MATTERS  RELATED  TO THE ADMINISTRATION OF ELECTIONS IN THE CITY OF
 NEW YORK NOT OTHERWISE SPECIFIED IN  PARAGRAPHS  ONE  AND  TWO  OF  THIS
 SUBDIVISION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.