The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7561
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2021
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT  to amend the election law, in relation to prohibiting conflicts
   of interest among board of elections employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The election law is amended by adding a new section 3-304
 to read as follows:
   § 3-304. BOARD EMPLOYEES;  CONFLICTS  OF  INTEREST.  1.  NO  BOARD  OF
 ELECTIONS  EMPLOYEE SHALL ENGAGE IN OR PARTICIPATE IN ANY TRADE OR BUSI-
 NESS WHICH CREATES, OR MAY  TEND  TO  CREATE,  AN  ACTUAL  OR  POTENTIAL
 CONFLICT  OF  INTEREST.  NO BOARD OF ELECTIONS EMPLOYEE SHALL MAINTAIN A
 FINANCIAL INTEREST, DIRECTLY  OR  INDIRECTLY,  IN  A  COMPANY  PROVIDING
 SERVICES  TO A CANDIDATE WHO HAS AN ELECTION OVERSEEN BY SUCH EMPLOYEE'S
 OFFICE, INCLUDING BUT  NOT  LIMITED  TO,  PRINTING  COMPANIES,  ELECTION
 CONSULTING COMPANIES, DIRECT MAIL COMPANIES AND DIGITAL MARKETING COMPA-
 NIES.  NO  BOARD OF ELECTIONS EMPLOYEE SHALL MAINTAIN A FINANCIAL INTER-
 EST, DIRECTLY OR INDIRECTLY, IN OR BE EMPLOYED BY A  VENDOR  OR  COMPANY
 THAT  SELLS  VOTING  MACHINES,  ELECTRONIC  POLLBOOKS, PRINTERS OR OTHER
 TECHNICAL OR ELECTRONIC EQUIPMENT.  A VIOLATION OF ANY OF THE PROVISIONS
 OF THIS SUBDIVISION SHALL BE  CAUSE  FOR  DISCIPLINE  BY  THE  BOARD  OF
 ELECTIONS, INCLUDING REMOVAL OF THE BOARD OF ELECTIONS EMPLOYEE.
   2.  NO  BOARD  OF  ELECTIONS  EMPLOYEE  SHALL  REMAIN  ON THE BOARD OF
 ELECTIONS PAYROLL WHILE ALSO A  CANDIDATE  FOR  AN  OFFICE  WHO  HAS  AN
 ELECTION  OVERSEEN  BY  THE  BOARD  AT  WHICH THEY ARE EMPLOYED. FOR THE
 PURPOSES OF THIS ARTICLE, A BOARD OF ELECTIONS EMPLOYEE SHALL BE  DEEMED
 A CANDIDATE FOR ELECTIVE OFFICE UPON THE FILING OF DESIGNATING PETITIONS
 FOR  SUCH  OFFICE  OR,  WHERE NOMINATIONS FOR SUCH OFFICE ARE MADE OTHER
 THAN BY PETITION, UPON ACCEPTANCE OF A  NOMINATION.  SUCH  EMPLOYEE  MAY
 REMAIN  IN  "LEAVE  WITHOUT  PAY"  STATUS  UNTIL SUCH TIME AS HIS OR HER
 CANDIDACY SHALL CEASE, OR UPON THE DAY FOLLOWING  THE  CERTIFICATION  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02370-07-1

 A. 7561                             2
 
 ELECTION RESULTS FOR SUCH OFFICE, WHICHEVER COMES FIRST. NOTWITHSTANDING
 THE  PROVISIONS OF THIS SECTION, WHEN THERE ARE NO PRIMARY ELECTIONS FOR
 THE OFFICE BEING SOUGHT BY A CANDIDATE THAT IS EMPLOYED BY THE BOARD  OF
 ELECTIONS,  THAT  CANDIDATE MAY REMAIN ON THE BOARD OF ELECTIONS PAYROLL
 FOR NO MORE THAN NINETY DAYS PRIOR TO A GENERAL ELECTION.
   § 2. This act shall take effect immediately; provided that subdivision
 1 of section 3-304 of the election law, as added by section one of  this
 act, shall take effect one year after this act shall have become a law.