S T A T E O F N E W Y O R K
________________________________________________________________________
8474
2021-2022 Regular Sessions
I N A S S E M B L Y
November 17, 2021
___________
Introduced by M. of A. TAYLOR -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to the appointment of
commissioners of elections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 3-204 of the election law, as
amended by chapter 116 of the laws of 2010, is amended to read as
follows:
4. (A) Commissioners of election shall be appointed by the county
legislative body, or in the city of New York, by the city council.
(B) Provided, however, that if a legislative body shall fail to
appoint any person recommended by a party for appointment as a commis-
sioner pursuant to this section, within thirty days after the filing of
a certificate of recommendation with such legislative body, then the
MEMBER OR 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] PERSON NAMED IN THE CERTIFICATE OF PARTY
RECOMMENDATION SHALL BE DEEMED APPOINTED upon the expiration of thirty
days from the date that the certificate was filed.
(C) WHERE THE LEGISLATIVE BODY INCLUDES A MEMBER OR MEMBERS OF THE
POLITICAL PARTY WHICH FILED SUCH CERTIFICATE, AND NO ACTION IS TAKEN TO
APPOINT SUCH RECOMMENDED PERSON BY EITHER THE LEGISLATIVE BODY OR SUCH
MEMBER OR MEMBERS WITHIN SIXTY DAYS AFTER THE FILING OF ANY SUCH CERTIF-
ICATE, THE PERSON NAMED IN SUCH CERTIFICATE SHALL BE DEEMED APPOINTED
UPON THE EXPIRATION OF SUCH SIXTY DAYS.
(D) If [none of the], PURSUANT TO THIS SUBDIVISION, THE MEMBERS OF
SUCH LEGISLATIVE BODY WHO ARE MEMBERS OF THE POLITICAL PARTY WHICH FILED
SUCH CERTIFICATE REJECT ANY persons named in any of the certificates
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13565-01-1
A. 8474 2
filed by a party [are so appointed within sixty days after the filing of
any such certificate] BY MAJORITY VOTE, then such party may file another
certificate within thirty days after [the expiration of any such sixty
day period] SUCH VOTE recommending a different person for such appoint-
ment.
(E) IF THE MEMBERS OF SUCH LEGISLATIVE BODY WHO ARE MEMBERS OF THE
POLITICAL PARTY WHICH FILED SUCH CERTIFICATE FAIL TO APPOINT SUCH PERSON
RECOMMENDED BY A PARTY IN A SECOND CERTIFICATE OF RECOMMENDATION WITHIN
THIRTY DAYS OF THE FILING OF SUCH CERTIFICATE, THE PERSON NAMED IN SUCH
CERTIFICATE SHALL BE DEEMED APPOINTED UPON THE EXPIRATION OF THIRTY DAYS
FROM THE DATE THAT THE SECOND CERTIFICATE WAS FILED.
(F) 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.
§ 2. This act shall take effect immediately.