The New York State Senate

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

                                   962

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced  by M. of A. ABINANTI, ASHBY -- read once and referred to the
  Committee 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.
                                                           LBD04552-01-9