Senate Bill S2726A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2726--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Elections  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08885-02-9

 S. 2726--A                          2
 
 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
 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

 S. 2726--A                          3
 
 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
 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:

 S. 2726--A                          4
 
   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
 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.