NY State Senate Bill S4542A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2022	referred to election law delivered to assembly passed senate
Mar 02, 2022	advanced to third reading
Mar 01, 2022	2nd report cal.
Feb 28, 2022	1st report cal.562
Jan 05, 2022	referred to elections returned to senate died in assembly
Jun 03, 2021	referred to election law delivered to assembly passed senate
Jun 01, 2021	ordered to third reading cal.1381 committee discharged and committed to rules
May 06, 2021	print number 4542a
May 06, 2021	amend and recommit to elections
Feb 05, 2021	referred to elections

Votes

view votes

May 17, 2022 - floor Vote

S4542A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 28, 2022 - Elections committee Vote

S4542A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Elections committee vote details

Elections Committee Vote: Feb 28, 2022

aye (5)

nay (1)

Ritchie

aye wr (1)

Rath III

Jun 3, 2021 - floor Vote

S4542A

floor

Aye

Nay

Absent

Excused

Abstained

Jun 1, 2021 - Rules committee Vote

S4542A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S4542 - Details

See Assembly Version of this Bill:: A7561
Law Section:: Election Law
Laws Affected:: Add §3-304, El L
Versions Introduced in 2023-2024 Legislative Session:: S612, A1244

S4542 - Summary

Prohibits conflicts of interest among board of elections employees; prevents a board of elections employee from remaining 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; allows for a member to remain on the board until 90 days before the general election if there is no primary for such office.

S4542 - Sponsor Memo

 
BILL NUMBER: S4542

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting conflicts
of interest among board of elections employees

 
PURPOSE:

To end the actual and perceived conflicts of interests of board of
elections employees caused by outside income relating the administration
of elections and supervision of elections in which they are candidates.

 
SUMMARY OF PROVISIONS:

Section 1. sets forth a ban on board of elections engaging in a trade or
business activity in which creates or may tend to create an actual or
potential conflict of interest and requires board of elections employees
to take a leave of absence when running for an office supervised by the
board at which they are employed during their candidacy.

Section 2 sets the effective date.

 
JUSTIFICATION:

Election integrity is critical to our democratic process. In order for
our democratic process to work, the public must have faith that boards
of election are acting in the best interest of the public and fairly
administering elections. Currently, this faith is being called into
question on a regular basis. This past year, a candidate for town board
and board of elections employee was in charge of deciding which polling
sites in their town would remain open when sites were reduced because of
COVID-19. Board of election employees and commissioners of elections
responsible for purchasing voting equipment are allowed to be paid
consultants of the vendors selling them equipment. Employees and commis-
sioners act as campaign managers and high level consultants for the
candidates whose votes they are charged with counting. All of these
situations have drawn public scrutiny and criticism. The public must be
confident that the board of elections is ensuring fair elections and not
individual benefit.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately provided that subdivision 1 of
section 3-304, as added by section one of this act, shall take!  effect
one year after this act shall have become a law.

S4542 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4542
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 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 A VENDOR THAT SELLS VOTING MACHINES. 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
 ELECTION RESULTS FOR SUCH OFFICE, WHICHEVER COMES FIRST. NOTWITHSTANDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02370-02-1

 S. 4542                             2
 
 THE  PROVISIONS  OF THIS SECTION, A CANDIDATE WHO DOES NOT HAVE AN OPPO-
 NENT IN A PRIMARY ELECTION 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,  as  added by section one of this act, shall take
 effect one year after this act shall have become a law.

Co-Sponsors

S4542A (ACTIVE) - Details

See Assembly Version of this Bill:: A7561
Law Section:: Election Law
Laws Affected:: Add §3-304, El L
Versions Introduced in 2023-2024 Legislative Session:: S612, A1244

S4542A (ACTIVE) - Summary

S4542A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4542A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting conflicts
of interest among board of elections employees

 
PURPOSE:

To end the actual and perceived conflicts of interests of board of
elections employees caused by outside income relating the administration
of elections and supervision of elections in which they are candidates.

 
SUMMARY OF PROVISIONS:

Section 1. sets forth a ban on board of elections engaging in a trade or
business activity in which creates or may tend to create an actual or
potential conflict of interest and requires board of elections employees
to take a leave of absence when running for an office supervised by the
board at which they are employed during their candidacy.

Section 2 sets the effective date.

 
JUSTIFICATION:

Election integrity is critical to our democratic process. In order for
our democratic process to work, the public must have faith that boards
of election are acting in the best interest of the public and fairly
administering elections. Currently, this faith is being called into
question on a regular basis. This past year, a candidate for town board
and board of elections employee was in charge of deciding which polling
sites in their town would remain open when sites were reduced because of
COVID-19. Board of election employees and commissioners of elections
responsible for purchasing voting equipment are allowed to be paid
consultants of the vendors selling them equipment. Employees and commis-
sioners act as campaign managers and high level consultants for the
candidates whose votes they are charged with counting. All of these
situations have drawn public scrutiny and criticism. The public must be
confident that the board of elections is ensuring fair elections and not
individual benefit.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately provided that subdivision 1 of
section 3-304, as added by section one of this act, shall take effect
one year after this act shall have become a law.

S4542A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4542--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Elections  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02370-06-1

 S. 4542--A                          2
 
 REMAIN  IN  "LEAVE  WITHOUT  PAY"  STATUS  UNTIL SUCH TIME AS HIS OR HER
 CANDIDACY SHALL CEASE, OR UPON THE DAY FOLLOWING  THE  CERTIFICATION  OF
 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.

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The New York State Senate

senate Bill S4542A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 17, 2022 - floor Vote

Floor Vote: May 17, 2022

Feb 28, 2022 - Elections committee Vote

Elections Committee Vote: Feb 28, 2022

Jun 3, 2021 - floor Vote

Floor Vote: Jun 3, 2021

Jun 1, 2021 - Rules committee Vote

Rules Committee Vote: Jun 1, 2021

Bill Amendments

S4542 - Details

S4542 - Summary

S4542 - Sponsor Memo

S4542 - Bill Text download pdf

Co-Sponsors

S4542A (ACTIVE) - Details

S4542A (ACTIVE) - Summary

S4542A (ACTIVE) - Sponsor Memo

S4542A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4542A

Share this bill

Sponsored By

Shelley B. Mayer

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 17, 2022 - floor Vote

Floor Vote: May 17, 2022

Feb 28, 2022 - Elections committee Vote

Elections Committee Vote: Feb 28, 2022

Jun 3, 2021 - floor Vote

Floor Vote: Jun 3, 2021

Jun 1, 2021 - Rules committee Vote

Rules Committee Vote: Jun 1, 2021

Bill Amendments

S4542 - Details

S4542 - Summary

S4542 - Sponsor Memo

S4542 - Bill Text download pdf

Co-Sponsors

Alessandra Biaggi

Rachel May

S4542A (ACTIVE) - Details

S4542A (ACTIVE) - Summary

S4542A (ACTIVE) - Sponsor Memo

S4542A (ACTIVE) - Bill Text download pdf

Comments