Assembly Bill A8361

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8361
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election law,  in  relation  to  providing  for  the
   appointment  and  removal  of commissioners of election; and to repeal
   certain provisions of the election law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The section heading of section 3-200 of the election law,
 as amended by chapter 373 of the laws of 1978, is  amended  to  read  as
 follows:
   Boards  of  elections;  creation,  qualifications  of  commissioners[,
 removal].
   § 2. Subdivision 7 of section 3-200 of the election law is REPEALED.
   § 3. Section 3-202 of the election law is amended to read as follows:
   § 3-202. Election commissioners; term of office. 1. The term of office
 of an election commissioner shall be [two] FOUR years beginning [January
 first] FEBRUARY FIFTEENTH of [each odd numbered year except that in  the
 city  of  New  York and the county of Schenectady the term shall be four
 years beginning on January] THE first alternate odd numbered year.  [The
 county  legislative  body  of  any  other  county may determine that the
 commissioners of elections thereafter appointed shall serve for  a  term
 of  four  years.  Such  determination  may  be rescinded by a subsequent
 action of the county legislative body which shall  take  effect  at  the
 expiration of the terms of the commissioners then in office.]
   2.  The  local  legislative  body may, at any time, determine that the
 terms of office for commissioners shall be staggered and may make subse-
 quent appointments so as to provide for staggered terms of office there-
 after.
   § 4. Subdivision 4 of section 3-204 of the election law, as amended by
 chapter 116 of the laws of 2010, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02325-04-1
 A. 8361                             2
              

 
   4. Commissioners of election shall be appointed by the county legisla-
 tive body, or in the city of New York, by the city council.    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 political 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] COUNTY COMMITTEE OR SUCH OTHER COMMITTEE AS THE RULES OF THE
 PARTY MAY PROVIDE SHALL RECOMMEND NOT FEWER THAN TWO ADDITIONAL  PERSONS
 FOR  THE  COUNTY LEGISLATIVE BODY TO CHOOSE FROM. If none of the persons
 named in any of the certificates filed by a party are so appointed with-
 in 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.
   § 5. The election law is amended by adding a new section 3-206 to read
 as follows:
   §  3-206.  ELECTION  COMMISSIONERS;  REMOVAL.  1.  THE  STATE BOARD OF
 ELECTIONS SHALL HAVE THE POWER TO REMOVE THE  ELECTION  COMMISSIONER  OF
 ANY COUNTY FOR ANY WILLFUL VIOLATION OR NEGLECT OF DUTY UNDER THIS CHAP-
 TER,  OR WILLFULLY DISOBEYING ANY LAW, DECISION, ORDER, SETTLEMENT, RULE
 OR REGULATION OF THE STATE BOARD OF ELECTIONS.
   2. AN ELECTION COMMISSIONER MAY BE REMOVED FROM OFFICE BY THE GOVERNOR
 FOR CAUSE IN THE SAME MANNER AS A SHERIFF.
   3. ANY VACANCY SO RESULTING SHALL BE FILLED IN A MANNER PRESCRIBED  BY
 THIS ARTICLE FOR FILLING VACANCIES.
   § 6. This act shall take effect immediately.