The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4254
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 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.
                                                            LBD00713-01-1