of 1978, are amended and a new subdivision 8 is added to read as
follows:
Boards of elections; creation, qualifications of commissioners,
removal; ADDITIONAL QUALIFICATIONS AND TRAINING IN THE CITY OF NEW YORK.
3. In the city of New York the board shall consist of [ten] TWO
commissioners of election who [shall be registered voters in the county
for which they are appointed and they] shall be appointed by the city
council of the city of New York. Not more than two commissioners shall
be registered voters of the same county. NO LATER THAN DECEMBER THIR-
TY-FIRST, TWO THOUSAND TWENTY-TWO, THE STATE BOARD OF ELECTIONS SHALL
PRESCRIBE QUALIFICATIONS FOR THE COMMISSIONERS OF ELECTION OF THE BOARD
OF ELECTIONS OF THE CITY OF NEW YORK. SUCH QUALIFICATIONS SHALL APPLY
TO APPOINTMENTS MADE BEGINNING THIRTY DAYS AFTER PROMULGATION OF SUCH
QUALIFICATIONS AND SHALL THEREAFTER BE REVIEWED BY SUCH BOARD AT LEAST
EVERY TWO YEARS AND UPDATED AS NECESSARY. SUCH QUALIFICATIONS SHALL BE
PRESCRIBED ONLY AFTER CONSIDERATION OF THE SKILLS AND KNOWLEDGE NECES-
SARY OR USEFUL FOR THE EXERCISE OF THE DUTIES AND RESPONSIBILITIES OF
SUCH COMMISSIONERS, AS WELL AS THE ABILITY TO RECRUIT A SUFFICIENT
NUMBER OF CANDIDATES TO BE COMMISSIONERS.
8. IN THE CITY OF NEW YORK THE COMMISSIONERS OF ELECTION SHALL PARTIC-
IPATE IN TRAINING CONDUCTED BY THE STATE BOARD OF ELECTIONS REGARDING
THEIR DUTIES AND RESPONSIBILITIES AS COMMISSIONERS OF ELECTION, INCLUD-
ING TRAINING REGARDING ELECTION DAY OPERATIONS, TO BE COMPLETED WITHIN
SIXTY DAYS AFTER A COMMISSIONER COMMENCES PERFORMANCE OF THE DUTIES OF
THE OFFICE. COMMISSIONERS OF ELECTION SHALL PARTICIPATE IN SUCH CONTINU-
ING TRAINING CONDUCTED BY THE STATE BOARD OF ELECTIONS AS MAY BE
REQUIRED BY SUCH BOARD TO REMAIN INFORMED OF BEST PRACTICES, REGULATORY
AND STATUTORY CHANGES RELATING TO THEIR DUTIES AND RESPONSIBILITIES, AND
ANY OTHER CONTINUING TRAINING AS IS NECESSARY TO FULFILL THE DUTIES OF
THE COMMISSIONERS OF ELECTION.
§ 3. Subdivisions 2 and 4 of section 3-204 of the election law, subdi-
vision 2 as amended by chapter 453 of the laws of 1997, and subdivision
4 as amended by chapter 116 of the laws of 2010, are amended to read as
follows:
2. (A) Party recommendations for election commissioner shall be made
by the county committee or by such other committee as the rules of the
party may provide, by a majority of the votes cast at a meeting of the
members of such committee at which a quorum is present. If at any time a
vacancy occurs in the office of any election commissioner other than by
expiration of term of office, party recommendations to fill such vacancy
shall be made by the county committee or by such other committee as the
rules of the party may provide, by a majority of the votes cast at a
meeting of the members of such committee at which a quorum is present.
(B) PARTY RECOMMENDATIONS FOR ELECTION COMMISSIONER IN THE CITY OF NEW
YORK OR TO FILL A VACANCY IN SUCH OFFICE SHALL BE MADE BY THE COUNTY
COMMITTEE OR BY SUCH OTHER COMMITTEE AS THE RULES OF THE PARTY MAY
PROVIDE, BY A MAJORITY OF THE VOTES CAST AT A MEETING OF THE MEMBERS OF
SUCH COMMITTEE AT WHICH A QUORUM IS PRESENT. EACH PARTY SHALL, WITHIN
SIXTY DAYS, FILE A CERTIFICATE OF PARTY RECOMMENDATION WITH THE CLERK OF
THE CITY COUNCIL OF THE CITY OF NEW YORK RECOMMENDING ONE INDIVIDUAL FOR
CONSIDERATION TO SERVE AS A COMMISSIONER OF ELECTIONS. THE CITY COUNCIL
SHALL IMMEDIATELY, OR AS SOON AS PRACTICABLE BUT NO MORE THAN THIRTY
DAYS THEREAFTER, HOLD A PUBLIC HEARING ON SUCH RECOMMENDATIONS AND
PROVIDED FURTHER, NO MORE THAN THIRTY DAYS THEREAFTER CONFIRM AN INDI-
VIDUAL FOR SUCH POSITION.
A. 5691--C 3
4. Commissioners of election shall be appointed by the county legisla-
tive body, or in the city of New York, by the city council FOLLOWING A
PUBLIC HEARING. Provided, however, that if a legislative body shall
fail to appoint any person recommended by a party for appointment as a
commissioner pursuant to this section, within thirty days after the
filing of a certificate of recommendation with such legislative body,
then the members of such legislative body who are members of the poli-
tical party which filed such certificate may appoint such person. And
further provided, if there are no members of the legislative body who
are members of the political party which filed such certificate, the
appointment shall take effect upon the expiration of thirty days from
the date that the certificate was filed. If none of the persons named in
any of the certificates filed by a party are so appointed within sixty
days after the filing of any such certificate, then such party may file
another certificate within thirty days after the expiration of any such
sixty day period recommending a different person for such appointment.
If a party fails to file a certificate within the time prescribed by
this section, the members of the legislative body who are members of
such party may appoint any eligible person to such office.
§ 4. The section heading of section 3-212 of the election law is
amended and a new subdivision 6 is added to read as follows:
Boards of elections; organization, proceedings, reports and records;
BUDGET REPORTING IN THE CITY OF NEW YORK.
6. IF, AT ANY TIME DURING THE CITY FISCAL YEAR OF THE CITY OF NEW
YORK, THE DIRECTOR OF MANAGEMENT AND BUDGET OF SUCH CITY DETERMINES THAT
THE EXPENDITURES OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK ARE
REASONABLY LIKELY TO EXCEED APPROPRIATIONS TO SUCH BOARD FOR PERSONNEL
SERVICES OR OTHER THAN PERSONNEL SERVICES FOR A QUARTER OF THE FISCAL
YEAR, BASED UPON A REASONABLE ALLOTMENT BY SUCH DIRECTOR OF SUCH APPRO-
PRIATIONS TO SUCH QUARTER, OR FOR THE ENTIRE FISCAL YEAR, SUCH DIRECTOR
SHALL PROVIDE WRITTEN NOTICE OF SUCH DETERMINATION TO THE CO-EXECUTIVE
DIRECTORS OF SUCH BOARD, THE MAYOR OF SUCH CITY, THE SPEAKER OF THE CITY
COUNCIL OF SUCH CITY, AND THE PUBLIC ADVOCATE OF SUCH CITY, TOGETHER
WITH ANY RELEVANT REQUESTS FOR ADDITIONAL DATA OR INFORMATION THAT THE
DIRECTOR DETERMINES TO BE MATERIAL TO SUCH BOARD'S LEVEL OF EXPENDI-
TURES. WITHIN TWENTY DAYS OF RECEIVING SUCH NOTICE, SUCH CO-EXECUTIVE
DIRECTORS SHALL SUBMIT TO SUCH DIRECTOR, MAYOR, PUBLIC ADVOCATE AND
SPEAKER A PROJECTION OF WHETHER AND BY WHAT AMOUNT IT WILL EXCEED ITS
APPROPRIATIONS FOR PERSONNEL SERVICES AND OTHER THAN PERSONNEL SERVICES
FOR EACH QUARTER AND THE ENTIRE FISCAL YEAR, TOGETHER WITH A DETAILED
EXPLANATION OF THE NEEDS JUSTIFYING ANY SUCH PROJECTED EXCESS EXPENDI-
TURES. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT THE
DIRECTOR FROM REQUIRING THE FURNISHING OF DATA AND INFORMATION, AND
ANSWERS TO PERTINENT INQUIRIES, AT ANY TIME IN ACCORDANCE WITH SECTION
TWO HUNDRED TWENTY-FIVE OF THE NEW YORK CITY CHARTER.
§ 5. 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
A. 5691--C 4
elections of the city of New York, may approve and at pleasure remove a
deputy, establish his OR HER title and prescribe his OR HER 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 whose duties it] CO-EXECU-
TIVE DIRECTORS WHO SHALL EACH BE OF SEPARATE MAJOR POLITICAL PARTIES AND
SHALL BE APPOINTED, AND MAY BE REMOVED, IN A MANNER SET FORTH IN PARA-
GRAPH (B) OF THIS SUBDIVISION. THE DUTY OF THE CO-EXECUTIVE DIRECTORS
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 CO-EXECUTIVE
DIRECTORS ON MATTERS OF POLICY AFFECTING THE ADMINISTRATION OF ELECTIONS
IN THE CITY OF NEW YORK. EXCEPT AS EXPRESSLY PROVIDED IN THIS SUBDIVI-
SION, SUCH BOARD SHALL EXERCISE NO EXECUTIVE POWER AND PERFORM NO EXECU-
TIVE OR ADMINISTRATIVE FUNCTIONS. EXCEPT AS EXPRESSLY PROVIDED IN THIS
SUBDIVISION, SUCH BOARD SHALL MAKE NO INDIVIDUALIZED DECISIONS CONCERN-
ING THE EMPLOYMENT OF ANY SPECIFIC PERSON OR THE REGISTRATION, PRE-RE-
GISTRATION, ENROLLMENT OR QUALIFICATIONS OF ANY SPECIFIC VOTER OR APPLI-
CANT. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE OR
AUTHORIZE THE DAY-TO-DAY SUPERVISION OF THE CO-EXECUTIVE DIRECTORS BY
THE BOARD. THE BOARD MAY DELEGATE POWERS AND DUTIES CONFERRED UPON THE
BOARD TO THE CO-EXECUTIVE DIRECTORS, TO BE EXERCISED CONSISTENT WITH
PARAGRAPH (D) OF THIS SUBDIVISION. ONE CO-EXECUTIVE DIRECTOR SHALL
FIRST BE APPOINTED FOR A TERM OF TWO YEARS AND THE OTHER SHALL FIRST BE
APPOINTED TO A TERM OF FOUR YEARS, WITH BOTH TERMS COMMENCING ON MARCH
FIRST, TWO THOUSAND TWENTY-THREE. THEREAFTER, EACH CO-EXECUTIVE DIREC-
TOR SHALL BE APPOINTED FOR A TERM OF FOUR YEARS IN THE MANNER DESCRIBED
IN PARAGRAPH (B) OF THIS SUBDIVISION. IN THE CASE OF A VACANCY, A
CO-EXECUTIVE DIRECTOR SHALL BE APPOINTED TO SERVE THE REMAINDER OF THE
UNEXPIRED TERM ACCORDING TO THE ORIGINAL MANNER OF APPOINTMENT OF THE
PREVIOUS CO-EXECUTIVE DIRECTOR.
(B)(1) FOR PURPOSES OF THIS PARAGRAPH AND PARAGRAPH (E) OF THIS
SUBDIVISION, THE TERM "APPOINTING AUTHORITIES" SHALL MEAN THE MAYOR OF
THE CITY OF NEW YORK, THE SPEAKER OF THE CITY COUNCIL OF SUCH CITY, AND
THE PUBLIC ADVOCATE OF SUCH CITY, WHO SHALL ACT PURSUANT TO THIS SUBDI-
VISION BY CONCURRING ACTION OF AT LEAST TWO OF SUCH OFFICIALS, PROVIDED
THAT THE MAYOR SHALL BE ONE OF THE CONCURRING OFFICIALS.
(2) NO EARLIER THAN THE FIRST DAY OF JANUARY AND NO LATER THAN THE
FIRST DAY OF FEBRUARY IN TWO THOUSAND TWENTY-THREE AND IN EVERY CALENDAR
YEAR THEREAFTER DURING WHICH THE FOUR-YEAR TERM OF A CO-EXECUTIVE DIREC-
TOR IS TO EXPIRE, THE COMMISSIONERS OF ELECTION FOR EACH POLITICAL PARTY
SHALL FILE ONE OR MORE CERTIFICATES OF PARTY RECOMMENDATION WITH THE
APPOINTING AUTHORITIES, AS DESCRIBED IN THIS PARAGRAPH.
(3) PARTY RECOMMENDATIONS FOR CO-EXECUTIVE DIRECTOR SHALL BE MADE BY
THE COMMISSIONERS OF ELECTION FOR EACH POLITICAL PARTY. SUCH COMMISSION-
ERS SHALL ACT JOINTLY BY MAJORITY VOTE TO RECOMMEND NO FEWER THAN THREE
CANDIDATES FOR EACH POSITION OF CO-EXECUTIVE DIRECTOR. IF AT ANY TIME A
VACANCY OCCURS IN THE OFFICE OF CO-EXECUTIVE DIRECTOR OTHER THAN BY
EXPIRATION OF TERM OF OFFICE, OR IF A REQUEST FOR ADDITIONAL CANDIDATES
IS MADE BY THE APPOINTING AUTHORITIES PURSUANT TO SUBPARAGRAPH SIX OF
THIS PARAGRAPH, PARTY RECOMMENDATIONS TO FILL SUCH VACANCY SHALL BE MADE
WITHIN THIRTY DAYS. IF FEWER THAN THREE CANDIDATES ARE RECOMMENDED IN A
TIMELY MANNER BY THE COMMISSIONERS OF ELECTION FOR THE APPLICABLE POLI-
TICAL PARTY ACTING JOINTLY BY MAJORITY VOTE, THEN THE MEMBERS OF THE
CITY COUNCIL WHO ARE MEMBERS OF THE APPLICABLE POLITICAL PARTY MAY, BY
MAJORITY VOTE OF SUCH MEMBERS, FILE CERTIFICATES OF PARTY RECOMMENDATION
A. 5691--C 5
WITH THE APPOINTING AUTHORITIES WITHIN FIFTEEN DAYS AFTER THE EXPIRATION
OF THE TIME FOR FILING BY THE COMMISSIONERS OF ELECTION, SO AS TO
INCREASE THE TOTAL NUMBER OF CANDIDATES TO THREE.
(4) CANDIDATES RECOMMENDED UNDER THIS PARAGRAPH MUST SATISFY ALL QUAL-
IFICATIONS REQUIRED FOR LOCAL OFFICERS PURSUANT TO THE PUBLIC OFFICERS
LAW. FURTHER, NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY-TWO, THE STATE BOARD OF ELECTIONS SHALL PRESCRIBE ADDITIONAL QUALI-
FICATIONS FOR THE CO-EXECUTIVE DIRECTORS, WHICH SHALL APPLY TO RECOMMEN-
DATIONS AND APPOINTMENTS MADE THEREAFTER. SUCH QUALIFICATIONS SHALL
THEREAFTER BE REVIEWED BY SUCH BOARD AT LEAST EVERY TWO YEARS AND
UPDATED AS NECESSARY, AND SHALL BE PRESCRIBED ONLY AFTER CONSIDERATION
OF THE SKILLS AND KNOWLEDGE NECESSARY OR USEFUL FOR THE EXERCISE OF THE
DUTIES AND RESPONSIBILITIES OF THE CO-EXECUTIVE DIRECTORS, AS WELL AS
THE ABILITY TO RECRUIT A SUFFICIENT NUMBER OF CANDIDATES TO BE CO-EXECU-
TIVE DIRECTORS.
(5) THE CERTIFICATES FILED SHALL BE IN SUCH FORM AND CONTAIN SUCH
INFORMATION AS SHALL BE PRESCRIBED BY THE STATE BOARD OF ELECTIONS.
(6) THE CO-EXECUTIVE DIRECTORS SHALL BE APPOINTED JOINTLY BY THE
APPOINTING AUTHORITIES IN ACCORDANCE WITH THIS SUBDIVISION, FROM AMONG
THE CANDIDATES RECOMMENDED PURSUANT TO SUBPARAGRAPH THREE OF THIS PARA-
GRAPH; PROVIDED, HOWEVER, THAT WITHIN THIRTY DAYS AFTER RECEIPT OF ONE
OR MORE CERTIFICATES OF RECOMMENDATION THAT INCLUDE IN THE AGGREGATE AT
LEAST THREE CANDIDATES, THE APPOINTING AUTHORITIES MAY REQUEST THE
SUBMISSION OF NOT LESS THAN TWO ADDITIONAL CANDIDATES, IN WHICH EVENT
THE PROCESS SET FORTH IN SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL BE
REPEATED. IF THE APPOINTING AUTHORITIES FAIL TO JOINTLY APPOINT ANY
PERSON RECOMMENDED FOR APPOINTMENT AS CO-EXECUTIVE DIRECTOR PURSUANT TO
THIS PARAGRAPH, WITHIN FORTY-FIVE DAYS AFTER RECEIPT OF ONE OR MORE
CERTIFICATES OF RECOMMENDATION THAT INCLUDE AT LEAST THREE CANDIDATES,
OR WITHIN THIRTY DAYS AFTER RECEIPT OF ONE OR MORE CERTIFICATES THAT
INCLUDE AT LEAST TWO ADDITIONAL CANDIDATES, THEN THE COMMISSIONERS OF
ELECTION WHO ARE MEMBERS OF THE POLITICAL PARTY WHICH FILED SUCH CERTIF-
ICATE MAY APPOINT ONE OF THE RECOMMENDED CANDIDATES BY A MAJORITY VOTE
OF SUCH COMMISSIONERS. IF A SUFFICIENT NUMBER OF CANDIDATES, OR OF
ADDITIONAL CANDIDATES, ARE NOT RECOMMENDED TO THE APPOINTING AUTHORITIES
BY EITHER THE APPLICABLE COMMISSIONERS OF ELECTION OR THE APPLICABLE
MEMBERS OF THE CITY COUNCIL WITHIN THE TIMES PRESCRIBED BY THIS PARA-
GRAPH, THEN ANY HOLDOVER STATUS OF THE INCUMBENT CO-EXECUTIVE DIRECTOR
SHALL TERMINATE AND THE PROCESS REQUIRED BY THIS PARAGRAPH SHALL RECOM-
MENCE, UNLESS THE APPOINTING AUTHORITIES JOINTLY APPOINT ONE OF THE
RECOMMENDED CANDIDATES WITHIN FIFTEEN DAYS AFTER THE EXPIRATION OF SUCH
PRESCRIBED TIMES.
(7) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS PARAGRAPH, NO
EARLIER THAN THE FIRST DAY OF JANUARY AND NO LATER THAN THE THIRTY-FIRST
DAY OF JANUARY IN THE LAST YEAR OF THE TERM OF A CO-EXECUTIVE DIRECTOR,
THE APPOINTING AUTHORITIES AND COMMISSIONERS OF ELECTION FOR THE APPLI-
CABLE POLITICAL PARTY, ACTING BY A MAJORITY VOTE OF SUCH COMMISSIONERS,
MAY AGREE TO JOINTLY ISSUE A CERTIFICATE OF PARTY RECOMMENDATION AND
APPOINTMENT TO REAPPOINT SUCH CO-EXECUTIVE DIRECTOR TO ANOTHER TERM OF
OFFICE. IN SUCH EVENT, THE PROCESS OTHERWISE SPECIFIED IN SUBPARAGRAPHS
TWO, THREE AND SIX OF THIS PARAGRAPH SHALL NOT APPLY.
(8) A CO-EXECUTIVE DIRECTOR MAY BE REMOVED FROM OFFICE FOR CAUSE BY
THE APPOINTING AUTHORITIES. IN ADDITION, A CO-EXECUTIVE DIRECTOR MAY BE
REMOVED WITHOUT CAUSE BY THE APPOINTING AUTHORITIES ACTING JOINTLY WITH
THE COMMISSIONERS OF ELECTION FOR THE APPLICABLE POLITICAL PARTY, ACTING
BY A MAJORITY VOTE OF SUCH COMMISSIONERS. ANY VACANCY SO RESULTING
A. 5691--C 6
SHALL BE FILLED IN THE MANNER PRESCRIBED BY THIS PARAGRAPH FOR FILLING
VACANCIES.
(9) THE CO-EXECUTIVE DIRECTORS SHALL BE SUBJECT TO THE TRAINING
REQUIREMENTS SET FORTH IN SUBDIVISION EIGHT OF SECTION 3-200 OF THIS
ARTICLE, UNLESS THE STATE BOARD OF ELECTIONS IN ITS DISCRETION
PRESCRIBES ALTERNATIVE OR ADDITIONAL TRAINING FOR THE CO-EXECUTIVE
DIRECTORS SPECIFIC TO THEIR DUTIES AND RESPONSIBILITIES.
(C) 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) 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;
(2) 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;
(3) ADOPT RESOLUTIONS ELIMINATING MEETINGS FOR LOCAL REGISTRATION
PURSUANT TO SUBDIVISION SIX OF SECTION 5-202 OF THIS CHAPTER;
(4) 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;
(5) MAKE DETERMINATIONS CONCERNING THE ADOPTION AND USE OF VOTING
MACHINES OR SYSTEMS PURSUANT TO SECTION 7-200 OF THIS CHAPTER;
(6) 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;
(7) TAKE ANY ACTION AUTHORIZED BY SECTION 3-218 OF THIS ARTICLE;
(8) 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
(9) PROMULGATE REGULATIONS, ISSUE ORDERS AND MAKE DECISIONS REGARDING
GENERAL POLICIES AFFECTING THE ADMINISTRATION OF ELECTIONS OF THE CITY
OF NEW YORK.
(D) THE CO-EXECUTIVE DIRECTORS SHALL COLLECTIVELY 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 INCON-
SISTENT WITH THE POLICIES OF THE BOARD. THE CO-EXECUTIVE DIRECTORS MAY
COLLECTIVELY DELEGATE POWERS AND DUTIES TO THE OTHER, AND MAY COLLEC-
TIVELY DELEGATE POWERS AND DUTIES TO EMPLOYEES IN FURTHERANCE OF THE
PURPOSES OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO THE ABILITY TO
EXERCISE THE POWERS AND DUTIES OF A CO-EXECUTIVE DIRECTOR IN THE EVENT
OF A VACANCY. 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
A. 5691--C 7
THEIR SALARIES WITHIN THE AMOUNTS APPROPRIATED THEREFOR IN THE EXPENSE
BUDGET OF THE CITY OF NEW YORK, PROVIDED THAT THIS SUBPARAGRAPH SHALL
NOT AFFECT THE FIXING OF A DAILY RATE OF COMPENSATION PURSUANT TO SUBDI-
VISION ONE OF SECTION 3-420 OF THIS ARTICLE. THEY SHALL SECURE IN THE
APPOINTMENT OF EMPLOYEES EQUAL REPRESENTATION OF THE MAJOR POLITICAL
PARTIES. IN EXERCISING THE POWERS CONFERRED BY THIS PARAGRAPH WITH
RESPECT TO THE APPOINTMENT OF EMPLOYEES, THE CO-EXECUTIVE DIRECTORS
SHALL, IN CONSULTATION WITH THE NEW YORK CITY DEPARTMENT OF CITYWIDE
ADMINISTRATIVE SERVICES ESTABLISH WRITTEN POLICIES AND PROCEDURES ON
PERSONNEL, INCLUDING EXECUTIVE STAFF, OTHER THAN THOSE PAID AT A DAILY
RATE PURSUANT TO SUBDIVISION ONE OF SECTION 3-420 OF THIS ARTICLE, WITH-
IN 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, INCLUDING
EXECUTIVE STAFF, WITH APPOINTMENTS TO BE MADE CONSISTENT WITH SUCH SPEC-
IFICATIONS, PROVIDED THAT APPOINTMENTS SHALL SECURE EQUAL REPRESENTATION
OF THE MAJOR POLITICAL 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;
(IV) POLICIES TO REQUIRE THE POSTING OF ALL VACANT POSITIONS FOURTEEN
DAYS BEFORE INTERVIEWS COMMENCE. ALL POSTINGS SHALL BE ON A PUBLICLY
ACCESSIBLE WEBSITE, IN THE CITY RECORD, OR ON AN OPEN DATA PORTAL. NOTH-
ING SHALL PREVENT THE POSTING OF VACANCIES ON ALL THREE; AND
(V) 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 ALL 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
QUALIFICATION OF VOTERS, VOTER REGISTRATION AND ENROLLMENT, CANCELLATION
OF VOTER REGISTRATION, CHANGE OF VOTER STATUS AND REGISTRATION RECORDS
PURSUANT TO ARTICLE FIVE OF THIS CHAPTER; IN ALL MATTERS RELATING TO
CREATION AND ALTERATIONS OF ELECTION DISTRICTS PURSUANT TO ARTICLE FOUR
OF THIS CHAPTER, AND IN ALL MATTERS RELATING TO DESIGNATION OF PLACES
FOR REGISTRATION AND POLLING PLACES PURSUANT TO ARTICLES FIVE AND EIGHT
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 OTHER MATTERS RELATED TO THE ADMINISTRATION OF ELECTIONS IN THE CITY
OF NEW YORK NOT OTHERWISE SPECIFIED IN THIS SUBDIVISION.
A. 5691--C 8
(E) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, IN LIEU OF ANY
OTHERWISE APPLICABLE LAW CONCERNING PUBLIC CONDUCT OF BUSINESS OR
RENDERING OF DETERMINATIONS BY THE CO-EXECUTIVE DIRECTORS, THEY SHALL
PROVIDE INFORMATION TO THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
AND THE PUBLIC IN ACCORDANCE WITH THIS PARAGRAPH.
(1) AT REGULAR MEETINGS OF SUCH BOARD CONDUCTED IN ACCORDANCE WITH
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, THE CO-EXECUTIVE DIRECTORS
SHALL REPORT TO THE COMMISSIONERS OF SUCH BOARD ON THE DISCHARGE OF ANY
POWERS AND DUTIES EXERCISED BY THE CO-EXECUTIVE DIRECTORS UNDER PARA-
GRAPH (D) OF THIS SUBDIVISION AS WELL AS ANY ADDITIONAL RELEVANT INFOR-
MATION AS MAY BE REQUESTED BY MAJORITY VOTE OF SUCH BOARD. AT SUCH MEET-
INGS, A REASONABLE OPPORTUNITY SHALL BE PROVIDED TO THE PUBLIC TO
PROVIDE ORAL COMMENT ON THE ACTIONS AND OPERATIONS OF THE BOARD AND ITS
STAFF.
(2) NOT LATER THAN JANUARY THIRTY-FIRST OF EACH YEAR, THE CO-EXECUTIVE
DIRECTORS SHALL PROVIDE TO THE APPOINTING AUTHORITIES A REPORT REGARDING
THE ACTUAL PERFORMANCE OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
AS AN AGENCY FOR THE PREVIOUS CALENDAR YEAR, RELATIVE TO PROGRAMMATIC
GOALS AND MEASURES. SUCH REPORT SHALL INCLUDE SUCH ADDITIONAL INFORMA-
TION, AND BE PRESENTED IN SUCH FORM, AS MAY BE SPECIFIED IN WRITING BY
THE APPOINTING AUTHORITY AND SPEAKER AND COMMUNICATED TO THE CO-EXECU-
TIVE DIRECTORS NO LATER THAN DECEMBER FIRST OF THE PREVIOUS CALENDAR
YEAR, PROVIDED THAT ANY SPECIFICATION REQUIRING THE COLLECTION OR MAIN-
TENANCE OF ADDITIONAL DATA NOT ALREADY COLLECTED OR MAINTAINED SHALL BE
SPECIFIED AT LEAST THREE MONTHS PRIOR TO THE ANTICIPATED COMMENCEMENT OF
SUCH COLLECTION OR MAINTENANCE.
(3) FOR EACH ELECTION, THE BOARD SHALL TRACK AND REPORT KEY VOTING AND
ELECTION ADMINISTRATION DATA, INCLUDING: TURNOUT BY ELECTION DISTRICT;
AVERAGE WAIT TIMES BY POLL SITE AND ELECTION DISTRICT; CALL VOLUME BY
POLL SITE AND TYPES OF COMPLAINTS RECEIVED; THE TYPE AND FREQUENCY OF
USE OF DIFFERENT VOTING METHODS, INCLUDING ABSENTEE, EARLY, AND ELECTION
DAY VOTING, AFFIDAVIT BALLOT USAGE RATES; RATES OF AND REASONS FOR
BALLOT REJECTIONS; AND, LANGUAGE INTERPRETER STAFFING BY LANGUAGE PER
POLL SITE.
§ 6. 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
and applicable state law FOR ALL PURCHASE CONTRACTS, INCLUDING BUT NOT
LIMITED TO PURCHASE OF GOODS, SERVICES OR TECHNOLOGY.
§ 7. Notwithstanding any inconsistent provision of law, the current
board of elections commissioners for the city of New York shall perform
the functions assigned to the commissioners until the expiration of
their term.
§ 8. Notwithstanding any inconsistent provision of this act, until the
first co-executive director of the applicable political party takes
office in accordance with section 3-300 of the election law, as amended
by section three of this act, the executive director or deputy executive
director of the board of elections of the city of New York appointed by
such board and representative of such party shall perform the functions
assigned to the applicable co-executive director by such section of the
election law, as amended by this act, or any other law. Further, while
A. 5691--C 9
remaining in office, such executive director and deputy executive direc-
tor shall be subject to removal and replacement by action of such board,
consistent with the provisions of section 3-300 of the election law as
such section was in existence prior to its amendment by this act. If a
co-executive director has not been appointed by May 1, 2022, the status
of the executive director or deputy executive director appointed by such
board and representative of the applicable political party shall termi-
nate, and the new position of co-executive director shall be deemed in
existence and vacant for all purposes after such date.
§ 9. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the one hundred fiftieth
day after it shall have become a law; and provided further, however,
that sections two, four, five, six, seven and eight of this act shall
take effect on the sixtieth day after it shall have become a law.