S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6220
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 establishing a code  of
   ethics for all board of election 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  3-201
 to read as follows:
   § 3-201. BOARDS OF ELECTIONS; EMPLOYEE CODE OF ETHICS. 1.  DEFINITION.
 AS  USED  IN  THIS  SECTION THE TERM "BOARD OF ELECTIONS EMPLOYEE" SHALL
 MEAN ANY PERMANENT FULL-TIME EMPLOYEE OF A BOARD OF ELECTION.
   2. RULE WITH RESPECT TO CONFLICTS OF INTEREST. NO BOARD  OF  ELECTIONS
 EMPLOYEE  SHOULD  HAVE  ANY  INTEREST, FINANCIAL OR OTHERWISE, DIRECT OR
 INDIRECT, OR ENGAGE IN  ANY  BUSINESS  OR  TRANSACTION  OR  PROFESSIONAL
 ACTIVITY  OR INCUR ANY OBLIGATION OF ANY NATURE, WHICH IS IN SUBSTANTIAL
 CONFLICT WITH THE PROPER DISCHARGE OF HIS OR HER DUTIES  IN  THE  PUBLIC
 INTEREST.
   3.  STANDARDS.  (A) NO BOARD OF ELECTIONS EMPLOYEE SHOULD ACCEPT OTHER
 EMPLOYMENT WHICH WILL IMPAIR HIS OR HER INDEPENDENCE OF JUDGMENT IN  THE
 EXERCISE  OF  HIS  OR HER OFFICIAL DUTIES, INCLUDING BUT NOT LIMITED TO,
 RECEIVING COMPENSATION OR OTHER FORMS OF  PAYMENT  FROM  A  CAMPAIGN  OR
 POLITICAL CAMPAIGN ACCOUNT FOR NON-GOVERNMENTAL POLITICAL WORK.
   (B) NO BOARD OF ELECTIONS EMPLOYEE SHOULD USE OR ATTEMPT TO USE HIS OR
 HER OFFICIAL POSITION TO SECURE UNWARRANTED PRIVILEGES OR EXEMPTIONS FOR
 HIMSELF  OR  HERSELF OR OTHERS, INCLUDING BUT NOT LIMITED TO, THE MISAP-
 PROPRIATION TO HIMSELF, HERSELF OR TO OTHERS, OF THE PROPERTY,  SERVICES
 OR  OTHER  RESOURCES  OF THE STATE FOR PRIVATE BUSINESS OR OTHER COMPEN-
 SATED NON-GOVERNMENTAL PURPOSES.
   (C) A BOARD OF ELECTIONS EMPLOYEE SHOULD NOT, BY HIS OR  HER  CONDUCT,
 GIVE  REASONABLE BASIS FOR THE IMPRESSION THAT ANY PERSON CAN IMPROPERLY
 INFLUENCE SUCH EMPLOYEE OR UNDULY ENJOY HIS OR HER FAVOR IN THE PERFORM-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09410-02-1

 S. 6220                             2
 
 ANCE OF HIS OR HER OFFICIAL DUTIES, OR THAT HE OR SHE IS AFFECTED BY THE
 KINSHIP, RANK, POSITION OR INFLUENCE OF ANY PARTY OR PERSON.
   (D)  A BOARD OF ELECTIONS EMPLOYEE SHOULD ABSTAIN FROM MAKING PERSONAL
 INVESTMENTS IN ENTERPRISES WHICH HE OR SHE HAS REASON TO BELIEVE MAY  BE
 DIRECTLY  INVOLVED IN DECISIONS TO BE MADE BY THE EMPLOYEE OR WHICH WILL
 OTHERWISE CREATE SUBSTANTIAL CONFLICT BETWEEN HIS OR  HER  DUTY  IN  THE
 PUBLIC INTEREST AND HIS OR HER PRIVATE INTEREST.
   (E)  A  BOARD OF ELECTIONS EMPLOYEE SHOULD ENDEAVOR TO PURSUE A COURSE
 OF CONDUCT WHICH WILL NOT RAISE SUSPICION AMONG THE PUBLIC  THAT  HE  OR
 SHE  IS LIKELY TO BE ENGAGED IN ACTS THAT ARE IN VIOLATION OF HIS OR HER
 TRUST.
   4. VIOLATIONS. IN ADDITION TO  ANY  PENALTY  CONTAINED  IN  ANY  OTHER
 PROVISION  OF  LAW, ANY SUCH BOARD OF ELECTIONS EMPLOYEE WHO SHALL KNOW-
 INGLY AND INTENTIONALLY VIOLATE ANY OF THE PROVISIONS  OF  THIS  SECTION
 MAY  BE  FINED,  SUSPENDED  OR  REMOVED FROM OFFICE OR EMPLOYMENT IN THE
 MANNER PROVIDED BY LAW.
   (A) ANY SUCH EMPLOYEE WHO KNOWINGLY  AND  INTENTIONALLY  VIOLATES  THE
 PROVISIONS  OF  PARAGRAPH  (B),  (C), (D) OR (H) OF SUBDIVISION THREE OF
 THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN  AN  AMOUNT  NOT  TO
 EXCEED  TEN THOUSAND DOLLARS PLUS THE VALUE OF ANY GIFT, COMPENSATION OR
 BENEFIT RECEIVED AS A RESULT OF SUCH VIOLATION.
   (B) ANY SUCH EMPLOYEE WHO KNOWINGLY  AND  INTENTIONALLY  VIOLATES  THE
 PROVISIONS  OF  PARAGRAPH  (A),  (E) OR (G) OF SUBDIVISION THREE OF THIS
 SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT  TO  EXCEED
 THE  VALUE  OF ANY GIFT, COMPENSATION OR BENEFIT RECEIVED AS A RESULT OF
 SUCH VIOLATION.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.