senate Bill S4542A

2021-2022 Legislative Session

Prohibits conflicts of interest among board of elections employees

download bill text pdf

Sponsored By

Current 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

Feb 28, 2022 - Elections committee Vote

S4542A
5
1
committee
5
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Elections committee vote details

Elections Committee Vote: Feb 28, 2022

nay (1)
aye wr (1)

Jun 1, 2021 - Rules committee Vote

S4542A
15
2
committee
15
Aye
2
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

S4542 - Details

See Assembly Version of this Bill:
A7561
Law Section:
Election Law
Laws Affected:
Add §3-304, El L

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

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.

Co-Sponsors

S4542A (ACTIVE) - Details

See Assembly Version of this Bill:
A7561
Law Section:
Election Law
Laws Affected:
Add §3-304, El L

S4542A (ACTIVE) - 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.

S4542A (ACTIVE) - Sponsor Memo

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.

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