S T A T E O F N E W Y O R K
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11169
I N A S S E M B L Y
December 4, 2020
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rozic) --
read once and referred to the Committee on Election Law
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08885-03-0
A. 11169 2
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 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;
(2) 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;
(3) 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;
(4) ADOPT RESOLUTIONS ELIMINATING MEETINGS FOR LOCAL REGISTRATION
PURSUANT TO SUBDIVISION SIX OF SECTION 5-202 OF THIS CHAPTER;
(5) 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;
(6) MAKE DETERMINATIONS CONCERNING THE ADOPTION AND USE OF VOTING
MACHINES OR SYSTEMS PURSUANT TO SECTION 7-200 OF THIS CHAPTER;
(7) 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;
(8) TAKE ANY ACTION AUTHORIZED BY SECTION 3-218 OF THIS ARTICLE;
(9) APPROVE ANY CONTRACT WHERE:
(I) SUCH CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER THAN COMPET-
ITIVE SEALED BIDDING WHERE THE CONTRACT WAS AWARDED TO THE LOWEST
RESPONSIBLE BIDDER;
(II) SUCH CONTRACT PROVIDES FOR TECHNICAL, CONSULTANT OR PERSONAL
SERVICES;
(III) THE VALUE OF THE CONTRACT EXCEEDS OR PROJECTS AN ANNUAL EXPENDI-
TURE EXCEEDING ONE MILLION DOLLARS FOR THE FISCAL YEAR OR WHERE THE
VALUE OF ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS OR IS PROJECT-
ED TO EXCEED ONE MILLION DOLLARS FOR THE FISCAL YEAR; AND
(10) 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. THE
EXECUTIVE DIRECTOR AND DEPUTY EXECUTIVE DIRECTOR MAY EACH DELEGATE
POWERS AND DUTIES TO THE OTHER, AND MAY COLLECTIVELY DELEGATE POWERS AND
DUTIES TO EMPLOYEES IN FURTHERANCE OF THE PURPOSES OF THIS CHAPTER.
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
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THEIR SALARIES WITHIN THE AMOUNTS APPROPRIATED THEREFOR BY THE NEW YORK
CITY COUNCIL, PROVIDED THAT THIS SUBPARAGRAPH SHALL NOT AFFECT THE
FIXING OF A DAILY RATE OF COMPENSATION PURSUANT TO SUBDIVISION ONE OF
SECTION 3-420 OF THIS ARTICLE. THEY SHALL SECURE IN THE APPOINTMENT OF
EMPLOYEES EQUAL REPRESENTATION OF THE MAJOR POLITICAL PARTIES. IN EXER-
CISING THE POWERS CONFERRED BY THIS PARAGRAPH WITH RESPECT TO THE
APPOINTMENT OF EMPLOYEES, THE EXECUTIVE DIRECTOR AND DEPUTY EXECUTIVE
DIRECTOR SHALL, IN CONSULTATION WITH THE NEW YORK CITY DEPARTMENT OF
CITYWIDE ADMINISTRATIVE SERVICES ESTABLISH WRITTEN POLICIES AND PROCE-
DURES ON PERSONNEL, OTHER THAN THOSE PAID AT A DAILY RATE PURSUANT TO
SUBDIVISION ONE OF SECTION 3-420 OF THIS ARTICLE, WITHIN NINETY DAYS OF
THE EFFECTIVE DATE OF THIS PARAGRAPH. SUCH POLICIES AND PROCEDURES SHALL
INCLUDE:
(I) SPECIFICATIONS SETTING FORTH THE QUALIFICATIONS FOR AND THE NATURE
AND SCOPE OF THE DUTIES AND RESPONSIBILITIES OF EACH TITLE, WITH
APPOINTMENTS TO BE MADE CONSISTENT WITH SUCH SPECIFICATIONS, PROVIDED
THAT APPOINTMENTS SHALL SECURE EQUAL REPRESENTATION OF THE MAJOR POLI-
TICAL PARTIES. SUCH SPECIFICATIONS SHALL IN ADDITION TO SECURING SUCH
REPRESENTATION, GIVE DUE WEIGHT TO SENIORITY, PREVIOUS TRAININGS AND
EXPERIENCE, EDUCATION AND PROFESSIONAL CREDENTIALS, AND PERFORMANCE
RATINGS WHERE AVAILABLE. THIS PARAGRAPH SHALL NOT BE CONSTRUED TO
REQUIRE THE PREPARATION OF ADMINISTRATION OF COMPETITIVE EXAMINATION OF
ELIGIBLE LIST FOR ANY TITLE, NOR SHALL IT BE CONSTRUED TO REQUIRE THE
TERMINATION OF ANY INDIVIDUAL EMPLOYED BY THE BOARD OF ELECTIONS OF THE
CITY OF NEW YORK PRIOR TO THE ESTABLISHMENT OF SUCH SPECIFICATIONS;
(II) POLICIES PROTECTING EMPLOYEES FROM RETALIATION FOR DISCLOSING
INFORMATION CONCERNING ACTS OF WRONGDOING, MISCONDUCT, MALFEASANCE OF
OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER;
(III) POLICIES PROVIDING FOR APPROPRIATE ONGOING TRAINING OF EMPLOY-
EES, INCLUDING THOSE INDIVIDUALS EMPLOYED PRIOR TO THE ESTABLISHMENT OF
SUCH POLICIES, WITH THE PURPOSE OF ENSURING THAT ALL EMPLOYEES HAVE THE
KNOWLEDGE AND EXPERIENCE TO FULFILL THE DUTIES OF THE POSITION THAT THEY
HOLD; AND
(IV) POLICIES ESTABLISHING AN EMPLOYEE PERFORMANCE EVALUATION PROGRAM
BASED UPON EVIDENCE OF WORK ACTUALLY PERFORMED BY EMPLOYEES AS COMPARED
WITH PRE-ESTABLISHED PERFORMANCE STANDARDS;
(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 SUBPARAGRAPHS ONE AND TWO OF THIS
PARAGRAPH.
§ 2. Subdivision 3 of section 4-136 of the election law, as amended by
chapter 155 of the laws of 2010, is amended to read as follows:
3. In the city of New York all leased or purchased equipment,
supplies, ballots, printing and publications, except newspaper notices
and advertisements, to be used or furnished by such board, may be
procured for it by the purchasing department or agency of such city as
if such board were an agency of such city. Such board shall comply with
the rules and regulations of the New York city procurement policy board
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and applicable state law FOR ALL PURCHASE CONTRACTS, INCLUDING BUT NOT
LIMITED TO PURCHASE OF GOODS, SERVICES OR TECHNOLOGY.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.