NY State Senate Bill S6226A

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 (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2022	referred to election law delivered to assembly passed senate
May 04, 2022	amended on third reading 6226e
May 02, 2022	amended on third reading 6226d
Mar 02, 2022	advanced to third reading
Mar 01, 2022	2nd report cal.
Feb 28, 2022	1st report cal.564
Feb 24, 2022	print number 6226c
Feb 24, 2022	amend and recommit to elections
Jan 05, 2022	referred to elections
Nov 19, 2021	print number 6226b
Nov 19, 2021	amend and recommit to elections
May 21, 2021	print number 6226a
May 21, 2021	amend and recommit to elections
Apr 15, 2021	referred to elections

Votes

view votes

May 17, 2022 - floor Vote

S6226E

floor

Aye

Nay

Absent

Excused

Abstained

Feb 28, 2022 - Elections committee Vote

S6226C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Feb 28, 2022

aye (5)

nay (2)

Bill Amendments

Original

E (Active)

Original

E (Active)

Co-Sponsors

S6226 - Details

See Assembly Version of this Bill:: A5691
Law Section:: Election Law
Laws Affected:: Amd §§3-200, 3-212, 3-300 & 4-136, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6877
2019-2020: S2726, A11169
2023-2024: S619, A662

S6226 - Summary

Relates to the exercise of powers and duties of the board of elections of the city of New York and its executive management.

S6226 - Sponsor Memo

 
BILL NUMBER: S6226

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the election law, in relation to the exercise of powers
and duties of the board of elections of the city of New York and its
executive management

 
SUMMARY OF SPECIFIC PROVISIONS::

Section one of the bill amends section 3-200 of the Election Law to
require the State Board of Elections to prescribe certain qualifications
that shall apply to the commissioners of election of the board of
elections for the city of New York. These qualifications would ensure
that commissioners have the skills and knowledge to exercise the respon-
sibilities and duties of their position.  Commissioners at the board of
elections of the city of New York would be required to complete train-
ings conducted by the state board within 60 days after they commence
their duties.

Section two of the bill amends section 3-212 of the Election Law to

require additional budgetary responsibility at the board of elections.
The director of the management and budget would be required to notify
the co-executive directors, the mayor, the speaker of the city council,
and the public advocate if it is expected that the city board of
elections would exceed its appropriation. The co-executive directors of
such board would be responsible for responding to such director a
projection of the amount that they will exceed their appropriation, and
relevant information justifying such excess expenditures.

Section three of the bill adds new subdivisions to section 3-300 of the
election law delineating the powers and duties of the co-executive
directors of the city board of elections, and the board of elections of
the city of New York (The board). The board will be responsible for
promulgating regulations, issuing orders and making decisions regarding
general policies affecting the administration of elections of the city
of New York. The bill expressly reserves certain powers and functions
for the board, including but not limited to the designation of election
districts and poll sites, approving procurement contracts valued at
greater than one million dollars, choosing voting machines and systems,
canvassing election results, making determinations regarding the nomi-
nation and designation of candidates, and, the form and content of
ballots and challenges to voter registration.

The co-executive directors, which must be of separate political party
affiliation, would now be appointed by a majority vote of the mayor of
the city of New York, the speaker of the city council and the public
advocate, with the provision that the Mayor must be part of the majori-
ty. The co-executive directors would be chosen for appointment from a
list developed by the commissioners of election representing each poli-
tical party. The co-executive directors would have the same powers and
duties delegated to local boards of elections under the Election Law,
including but not limited to the appointment, salaries and removal of
all staff, such as poll workers, inspectors and voter machine techni-
cians and all matters relating to voter registration and enrollment,
cancellation of voter registration, policies providing for appropriate
ongoing training of employees.,1 policies establishing employee evalu-
ations, change of voter status and registration records, except where
such powers are expressly reserved for the board. The co-executive
directors must exercise their powers in a manner not inconsistent with
the policies established by the Board.

Section four amends section 4-136 of the election law to include the
purchase of goods, services, and technology to the list of items for
which the city board of elections can procure from the city. The board
shall comply with the rules and regulations of the city procurement
policy board and applicable state law.

Section five allows the current executive director and deputy executive
director to assume the roles of co-executive directors until the commis-
sioners complete the required process for appointing co-executive direc-
tors.

Section six provides that the bill shall take effect sixty days after
enactment.

 
JUSTIFICATION::

In December of 2020, the Legislature held a roundtable on how to make
the New York City Board of Elections more efficient and accountable to
the people of New York City. A major theme of the day was a need to
delineate responsibilities, increase training, and to create a process
where employees of the board are capable of completing their responsi-
bilities and accountable for their work.

This bill provides for clear delineation of the various responsibilities
of the commissioners of the board of elections, and provides for clear
powers, responsibilities, and duties for the co-executive directors. The
bill develops a methodology where the co-executive directors can be held
accountable through processes designed to remove and appoint co-execu-
tive directors. Most importantly, the bill creates various training and
continuing education requirements for commissioners, co-executive direc-
tors, and staff so that all employees and managers have the skills need-
ed to administer elections in the City efficiently, accurately, and that
the voting rights of New Yorkers are protected.

 
PRIOR LEGISLATIVE HISTORY::

2019-2020: S.2726 Elections/ A.11169 (Rozic) Elections
2017-2018: S.6877 Elections

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::

None

 
EFFECTIVE DATE::

This act shall take effect sixty days after it shall become a law.

S6226 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6226
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2021
                                ___________
 
 Introduced  by Sens. KRUEGER, HOYLMAN -- 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 the exercise of  powers
   and  duties  of the board of elections of the city of New York and its
   executive management

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The section heading and subdivision 3 of section 3-200 of
 the election law, the section heading as amended by chapter 373  of  the
 laws  of  1978,  are amended and a new subdivision 8 is added to read as
 follows:
   Boards  of  elections;  creation,  qualifications  of   commissioners,
 removal; ADDITIONAL QUALIFICATIONS AND TRAINING IN THE CITY OF NEW YORK.
   3.  In the city of New York the board shall consist of ten commission-
 ers of election who shall be registered voters in the county  for  which
 they  are  appointed  and they shall be appointed by the city council of
 the city of New York. Not more than two commissioners  shall  be  regis-
 tered  voters  of  the same county.  IN ADDITION, NO LATER THAN DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-ONE,  THE  STATE  BOARD  OF  ELECTIONS
 SHALL  PRESCRIBE QUALIFICATIONS FOR THE COMMISSIONERS OF ELECTION OF THE
 BOARD OF ELECTIONS OF THE CITY OF NEW YORK.   SUCH QUALIFICATIONS  SHALL
 APPLY  TO  APPOINTMENTS MADE BEGINNING THIRTY DAYS AFTER PROMULGATION OF
 SUCH QUALIFICATIONS AND SHALL THEREAFTER BE REVIEWED BY  SUCH  BOARD  AT
 LEAST  EVERY  TWO  YEARS  AND UPDATED AS NECESSARY.  SUCH QUALIFICATIONS
 SHALL BE PRESCRIBED ONLY AFTER CONSIDERATION OF THE SKILLS AND KNOWLEDGE
 NECESSARY OR USEFUL FOR THE EXERCISE OF THE DUTIES AND  RESPONSIBILITIES
 OF  SUCH  COMMISSIONERS,  AS WELL AS THE ABILITY TO RECRUIT A SUFFICIENT
 NUMBER OF CANDIDATES TO BE COMMISSIONERS.
   8. IN THE CITY OF NEW YORK THE COMMISSIONERS OF ELECTION SHALL PARTIC-
 IPATE IN TRAINING CONDUCTED BY THE STATE BOARD  OF  ELECTIONS  REGARDING
 THEIR  DUTIES AND RESPONSIBILITIES AS COMMISSIONERS OF ELECTION, INCLUD-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04954-02-1

 S. 6226                             2
 
 ING TRAINING REGARDING ELECTION DAY OPERATIONS, TO BE  COMPLETED  WITHIN
 SIXTY  DAYS  AFTER A COMMISSIONER COMMENCES PERFORMANCE OF THE DUTIES OF
 THE OFFICE. COMMISSIONERS OF ELECTION SHALL PARTICIPATE IN SUCH CONTINU-
 ING  TRAINING  CONDUCTED  BY  THE  STATE  BOARD  OF  ELECTIONS AS MAY BE
 REQUIRED BY SUCH BOARD TO REMAIN INFORMED OF BEST PRACTICES,  REGULATORY
 AND STATUTORY CHANGES RELATING TO THEIR DUTIES AND RESPONSIBILITIES, AND
 ANY  OTHER  CONTINUING TRAINING AS IS NECESSARY TO FULFILL THE DUTIES OF
 THE COMMISSIONERS OF ELECTION.
   § 2. The section heading of section  3-212  of  the  election  law  is
 amended and a new subdivision 6 is added to read as follows:
   Boards  of  elections; organization, proceedings, reports and records;
 BUDGET REPORTING IN THE CITY OF NEW YORK.
   6. IF, AT ANY TIME DURING THE CITY FISCAL YEAR  OF  THE  CITY  OF  NEW
 YORK, THE DIRECTOR OF MANAGEMENT AND BUDGET OF SUCH CITY DETERMINES THAT
 THE  EXPENDITURES  OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK ARE
 REASONABLY LIKELY TO EXCEED APPROPRIATIONS TO SUCH BOARD  FOR  PERSONNEL
 SERVICES  OR  OTHER  THAN PERSONNEL SERVICES FOR A QUARTER OF THE FISCAL
 YEAR, BASED UPON A REASONABLE ALLOTMENT BY SUCH DIRECTOR OF SUCH  APPRO-
 PRIATIONS  TO SUCH QUARTER, OR FOR THE ENTIRE FISCAL YEAR, SUCH DIRECTOR
 SHALL PROVIDE WRITTEN NOTICE OF SUCH DETERMINATION TO  THE  CO-EXECUTIVE
 DIRECTORS OF SUCH BOARD, THE MAYOR OF SUCH CITY, THE SPEAKER OF THE CITY
 COUNCIL  OF  SUCH  CITY,  AND THE PUBLIC ADVOCATE OF SUCH CITY, TOGETHER
 WITH ANY RELEVANT REQUESTS FOR ADDITIONAL DATA OR INFORMATION  THAT  THE
 DIRECTOR  DETERMINES  TO  BE  MATERIAL TO SUCH BOARD'S LEVEL OF EXPENDI-
 TURES.   WITHIN TWENTY DAYS OF RECEIVING SUCH NOTICE, SUCH  CO-EXECUTIVE
 DIRECTORS  SHALL  SUBMIT  TO  SUCH  DIRECTOR, MAYOR, PUBLIC ADVOCATE AND
 SPEAKER A PROJECTION OF WHETHER AND BY WHAT AMOUNT IT  WILL  EXCEED  ITS
 APPROPRIATIONS  FOR PERSONNEL SERVICES AND OTHER THAN PERSONNEL SERVICES
 FOR EACH QUARTER AND THE ENTIRE FISCAL YEAR, TOGETHER  WITH  A  DETAILED
 EXPLANATION  OF  THE NEEDS JUSTIFYING ANY SUCH PROJECTED EXCESS EXPENDI-
 TURES.  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED  TO  PREVENT  THE
 DIRECTOR  FROM  REQUIRING  THE  FURNISHING  OF DATA AND INFORMATION, AND
 ANSWERS TO PERTINENT INQUIRIES, AT ANY TIME IN ACCORDANCE  WITH  SECTION
 TWO HUNDRED TWENTY-FIVE OF THE NEW YORK CITY CHARTER.
   § 3. Section 3-300 of the election law is amended to read as follows:
   §  3-300.  Board employees; appointment. [Every] 1. EXCEPT AS PROVIDED
 IN SUBDIVISION TWO OF THIS  SECTION,  EVERY  board  of  elections  shall
 appoint, and at its pleasure remove, clerks, voting machine technicians,
 custodians  and  other  employees,  fix  their  number,  prescribe their
 duties, fix their titles and rank and establish  their  salaries  within
 the  amounts  appropriated  therefor  by  the local legislative body and
 shall secure in the appointment of employees of the board  of  elections
 equal representation of the major political parties.  Every commissioner
 in  each  board  of  elections  except for commissioners of the board of
 elections of the city of New York, may approve and at pleasure remove  a
 deputy, establish his title and prescribe his duties. [In]
   2. (A) NOTWITHSTANDING ANY PROVISION OF GENERAL, SPECIAL OR LOCAL LAW,
 IN the city of New York, [the board of elections shall appoint an execu-
 tive director and a deputy executive director whose duties it] CO-EXECU-
 TIVE DIRECTORS WHO SHALL EACH BE OF SEPARATE MAJOR POLITICAL PARTIES AND
 SHALL  BE  APPOINTED, AND MAY BE REMOVED, IN A MANNER SET FORTH IN PARA-
 GRAPH (B) OF THIS SUBDIVISION. THE DUTY OF  THE  CO-EXECUTIVE  DIRECTORS
 shall  be  to  supervise the operations of the board of elections [under
 the supervision of such board] IN ACCORDANCE WITH THIS SUBDIVISION.  THE
 BOARD OF ELECTIONS OF THE CITY OF NEW YORK SHALL ADVISE THE CO-EXECUTIVE
 DIRECTORS ON MATTERS OF POLICY AFFECTING THE ADMINISTRATION OF ELECTIONS

 S. 6226                             3
 
 IN  THE  CITY OF NEW YORK. EXCEPT AS EXPRESSLY PROVIDED IN THIS SUBDIVI-
 SION, SUCH BOARD SHALL EXERCISE NO EXECUTIVE POWER AND PERFORM NO EXECU-
 TIVE OR ADMINISTRATIVE FUNCTIONS. EXCEPT AS EXPRESSLY PROVIDED  IN  THIS
 SUBDIVISION,  SUCH BOARD SHALL MAKE NO INDIVIDUALIZED DECISIONS CONCERN-
 ING THE EMPLOYMENT OF ANY SPECIFIC PERSON OR THE  REGISTRATION,  PRE-RE-
 GISTRATION, ENROLLMENT OR QUALIFICATIONS OF ANY SPECIFIC VOTER OR APPLI-
 CANT.  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE CONSTRUED TO REQUIRE OR
 AUTHORIZE THE DAY-TO-DAY SUPERVISION OF THE  CO-EXECUTIVE  DIRECTORS  BY
 THE  BOARD.  THE BOARD MAY DELEGATE POWERS AND DUTIES CONFERRED UPON THE
 BOARD TO THE CO-EXECUTIVE DIRECTORS, TO  BE  EXERCISED  CONSISTENT  WITH
 PARAGRAPH  (D)  OF  THIS  SUBDIVISION.   ONE CO-EXECUTIVE DIRECTOR SHALL
 FIRST BE APPOINTED FOR A TERM OF TWO YEARS AND THE OTHER SHALL FIRST  BE
 APPOINTED  TO  A TERM OF FOUR YEARS, WITH BOTH TERMS COMMENCING ON MARCH
 FIRST, TWO THOUSAND TWENTY-TWO.  THEREAFTER, EACH CO-EXECUTIVE  DIRECTOR
 SHALL  BE  APPOINTED FOR A TERM OF FOUR YEARS IN THE MANNER DESCRIBED IN
 PARAGRAPH (B) OF THIS SUBDIVISION.  IN THE CASE OF A VACANCY, A  CO-EXE-
 CUTIVE  DIRECTOR  SHALL BE APPOINTED TO SERVE THE REMAINDER OF THE UNEX-
 PIRED TERM ACCORDING TO THE ORIGINAL MANNER OF APPOINTMENT OF THE PREVI-
 OUS CO-EXECUTIVE DIRECTOR.
   (B)(1)   FOR PURPOSES OF THIS PARAGRAPH  AND  PARAGRAPH  (E)  OF  THIS
 SUBDIVISION,  THE  TERM "APPOINTING AUTHORITIES" SHALL MEAN THE MAYOR OF
 THE CITY OF NEW YORK, THE SPEAKER OF THE CITY COUNCIL OF SUCH CITY,  AND
 THE  PUBLIC ADVOCATE OF SUCH CITY, WHO SHALL ACT PURSUANT TO THIS SUBDI-
 VISION BY CONCURRING ACTION OF AT LEAST TWO OF SUCH OFFICIALS,  PROVIDED
 THAT THE MAYOR SHALL BE ONE OF THE CONCURRING OFFICIALS.
   (2)  NO  EARLIER  THAN  THE FIRST DAY OF JANUARY AND NO LATER THAN THE
 FIRST DAY OF FEBRUARY IN TWO THOUSAND TWENTY-TWO AND IN  EVERY  CALENDAR
 YEAR THEREAFTER DURING WHICH THE FOUR-YEAR TERM OF A CO-EXECUTIVE DIREC-
 TOR IS TO EXPIRE, THE COMMISSIONERS OF ELECTION FOR EACH POLITICAL PARTY
 SHALL  FILE  ONE  OR  MORE CERTIFICATES OF PARTY RECOMMENDATION WITH THE
 APPOINTING AUTHORITIES, AS DESCRIBED IN THIS PARAGRAPH.
   (3) PARTY RECOMMENDATIONS FOR CO-EXECUTIVE DIRECTOR SHALL BE  MADE  BY
 THE COMMISSIONERS OF ELECTION FOR EACH POLITICAL PARTY. SUCH COMMISSION-
 ERS  SHALL ACT JOINTLY BY MAJORITY VOTE TO RECOMMEND NO FEWER THAN THREE
 CANDIDATES FOR EACH POSITION OF CO-EXECUTIVE DIRECTOR.  IF AT ANY TIME A
 VACANCY OCCURS IN THE OFFICE OF  CO-EXECUTIVE  DIRECTOR  OTHER  THAN  BY
 EXPIRATION  OF TERM OF OFFICE, OR IF A REQUEST FOR ADDITIONAL CANDIDATES
 IS MADE BY THE APPOINTING AUTHORITIES PURSUANT TO  SUBPARAGRAPH  SIX  OF
 THIS PARAGRAPH, PARTY RECOMMENDATIONS TO FILL SUCH VACANCY SHALL BE MADE
 WITHIN  THIRTY DAYS. IF FEWER THAN THREE CANDIDATES ARE RECOMMENDED IN A
 TIMELY MANNER BY THE COMMISSIONERS OF ELECTION FOR THE APPLICABLE  POLI-
 TICAL  PARTY  ACTING  JOINTLY  BY MAJORITY VOTE, THEN THE MEMBERS OF THE
 CITY COUNCIL WHO ARE MEMBERS OF THE APPLICABLE POLITICAL PARTY  MAY,  BY
 MAJORITY VOTE OF SUCH MEMBERS, FILE CERTIFICATES OF PARTY RECOMMENDATION
 WITH THE APPOINTING AUTHORITIES WITHIN FIFTEEN DAYS AFTER THE EXPIRATION
 OF  THE  TIME  FOR  FILING  BY  THE  COMMISSIONERS OF ELECTION, SO AS TO
 INCREASE THE TOTAL NUMBER OF CANDIDATES TO THREE.
   (4) IN ADDITION TO SATISFYING ANY OTHER  QUALIFICATIONS  REQUIRED  FOR
 LOCAL  OFFICERS  PURSUANT  TO THE PUBLIC OFFICERS LAW, CANDIDATES RECOM-
 MENDED UNDER THIS PARAGRAPH MUST BE REGISTERED VOTERS IN THE CITY OF NEW
 YORK. FURTHER, NO LATER THAN DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWEN-
 TY-ONE,  THE  STATE BOARD OF ELECTIONS SHALL PRESCRIBE ADDITIONAL QUALI-
 FICATIONS FOR THE CO-EXECUTIVE DIRECTORS, WHICH SHALL APPLY TO RECOMMEN-
 DATIONS AND APPOINTMENTS  MADE  THEREAFTER.  SUCH  QUALIFICATIONS  SHALL
 THEREAFTER  BE  REVIEWED  BY  SUCH  BOARD  AT  LEAST EVERY TWO YEARS AND
 UPDATED AS NECESSARY, AND SHALL BE PRESCRIBED ONLY  AFTER  CONSIDERATION

 S. 6226                             4
 
 OF  THE SKILLS AND KNOWLEDGE NECESSARY OR USEFUL FOR THE EXERCISE OF THE
 DUTIES AND RESPONSIBILITIES OF THE CO-EXECUTIVE DIRECTORS,  AS  WELL  AS
 THE ABILITY TO RECRUIT A SUFFICIENT NUMBER OF CANDIDATES TO BE CO-EXECU-
 TIVE DIRECTORS.
   (5)  THE  CERTIFICATES  FILED  SHALL  BE IN SUCH FORM AND CONTAIN SUCH
 INFORMATION AS SHALL BE PRESCRIBED BY THE STATE BOARD OF ELECTIONS.
   (6) THE CO-EXECUTIVE DIRECTORS  SHALL  BE  APPOINTED  JOINTLY  BY  THE
 APPOINTING  AUTHORITIES  IN ACCORDANCE WITH THIS SUBDIVISION, FROM AMONG
 THE CANDIDATES RECOMMENDED PURSUANT TO SUBPARAGRAPH THREE OF THIS  PARA-
 GRAPH;  PROVIDED,  HOWEVER, THAT WITHIN THIRTY DAYS AFTER RECEIPT OF ONE
 OR MORE CERTIFICATES OF RECOMMENDATION THAT INCLUDE IN THE AGGREGATE  AT
 LEAST  THREE  CANDIDATES,  THE  APPOINTING  AUTHORITIES  MAY REQUEST THE
 SUBMISSION OF NOT LESS THAN TWO ADDITIONAL CANDIDATES,  IN  WHICH  EVENT
 THE  PROCESS  SET  FORTH  IN SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL BE
 REPEATED. IF THE APPOINTING AUTHORITIES  FAIL  TO  JOINTLY  APPOINT  ANY
 PERSON  RECOMMENDED FOR APPOINTMENT AS CO-EXECUTIVE DIRECTOR PURSUANT TO
 THIS PARAGRAPH, WITHIN FORTY-FIVE DAYS AFTER  RECEIPT  OF  ONE  OR  MORE
 CERTIFICATES  OF  RECOMMENDATION THAT INCLUDE AT LEAST THREE CANDIDATES,
 OR WITHIN THIRTY DAYS AFTER RECEIPT OF ONE  OR  MORE  CERTIFICATES  THAT
 INCLUDE  AT  LEAST  TWO ADDITIONAL CANDIDATES, THEN THE COMMISSIONERS OF
 ELECTION WHO ARE MEMBERS OF THE POLITICAL PARTY WHICH FILED SUCH CERTIF-
 ICATE MAY APPOINT ONE OF THE RECOMMENDED CANDIDATES BY A  MAJORITY  VOTE
 OF  SUCH  COMMISSIONERS.    IF  A SUFFICIENT NUMBER OF CANDIDATES, OR OF
 ADDITIONAL CANDIDATES, ARE NOT RECOMMENDED TO THE APPOINTING AUTHORITIES
 BY EITHER THE APPLICABLE COMMISSIONERS OF  ELECTION  OR  THE  APPLICABLE
 MEMBERS  OF  THE  CITY COUNCIL WITHIN THE TIMES PRESCRIBED BY THIS PARA-
 GRAPH, THEN ANY HOLDOVER STATUS OF THE INCUMBENT  CO-EXECUTIVE  DIRECTOR
 SHALL  TERMINATE AND THE PROCESS REQUIRED BY THIS PARAGRAPH SHALL RECOM-
 MENCE, UNLESS THE APPOINTING AUTHORITIES  JOINTLY  APPOINT  ONE  OF  THE
 RECOMMENDED  CANDIDATES WITHIN FIFTEEN DAYS AFTER THE EXPIRATION OF SUCH
 PRESCRIBED TIMES.
   (7)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS PARAGRAPH,  NO
 EARLIER THAN THE FIRST DAY OF JANUARY AND NO LATER THAN THE THIRTY-FIRST
 DAY  OF JANUARY IN THE LAST YEAR OF THE TERM OF A CO-EXECUTIVE DIRECTOR,
 THE APPOINTING AUTHORITIES AND COMMISSIONERS OF ELECTION FOR THE  APPLI-
 CABLE  POLITICAL PARTY, ACTING BY A MAJORITY VOTE OF SUCH COMMISSIONERS,
 MAY AGREE TO JOINTLY ISSUE A CERTIFICATE  OF  PARTY  RECOMMENDATION  AND
 APPOINTMENT  TO  REAPPOINT SUCH CO-EXECUTIVE DIRECTOR TO ANOTHER TERM OF
 OFFICE.  IN SUCH EVENT, THE PROCESS OTHERWISE SPECIFIED IN SUBPARAGRAPHS
 TWO, THREE AND SIX OF THIS PARAGRAPH SHALL NOT APPLY.
   (8) A CO-EXECUTIVE DIRECTOR MAY BE REMOVED FROM OFFICE  FOR  CAUSE  BY
 THE APPOINTING AUTHORITIES.  IN ADDITION, A CO-EXECUTIVE DIRECTOR MAY BE
 REMOVED  WITHOUT CAUSE BY THE APPOINTING AUTHORITIES ACTING JOINTLY WITH
 THE COMMISSIONERS OF ELECTION FOR THE APPLICABLE POLITICAL PARTY, ACTING
 BY A MAJORITY VOTE OF SUCH COMMISSIONERS.     ANY VACANCY  SO  RESULTING
 SHALL  BE FILLED IN THE MANNER PRESCRIBED BY THIS  PARAGRAPH FOR FILLING
 VACANCIES.
   (9) THE CO-EXECUTIVE  DIRECTORS  SHALL  BE  SUBJECT  TO  THE  TRAINING
 REQUIREMENTS  SET  FORTH  IN  SUBDIVISION EIGHT OF SECTION 3-200 OF THIS
 ARTICLE,  UNLESS  THE  STATE  BOARD  OF  ELECTIONS  IN  ITS   DISCRETION
 PRESCRIBES  ALTERNATIVE  OR  ADDITIONAL  TRAINING  FOR  THE CO-EXECUTIVE
 DIRECTORS SPECIFIC TO THEIR DUTIES AND RESPONSIBILITIES.
   (C) THE BOARD SHALL HAVE THE POWER AND  DUTY  TO  TAKE  THE  FOLLOWING
 ACTIONS  TO THE EXTENT OTHERWISE CONSISTENT WITH THE JURISDICTION OF THE
 BOARD PURSUANT TO THIS CHAPTER:

 S. 6226                             5
 
   (1) MAKE DETERMINATIONS REGARDING THE NOMINATION  AND  DESIGNATION  OF
 CANDIDATES FOR PUBLIC OFFICE AND PARTY POSITIONS PURSUANT TO ARTICLE SIX
 OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (2)  MAKE  DETERMINATIONS  REGARDING  THE FORM AND CONTENT OF BALLOTS,
 INCLUDING BUT NOT LIMITED TO THE DETERMINATION OF CANDIDATES  AND  QUES-
 TIONS  TO APPEAR ON THE BALLOT PURSUANT TO SECTION 4-114 OF THIS CHAPTER
 AND THE CERTIFICATION OF BALLOTS PURSUANT TO TITLE ONE OF ARTICLE  SEVEN
 OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (3)  ADOPT  RESOLUTIONS  ELIMINATING  MEETINGS  FOR LOCAL REGISTRATION
 PURSUANT TO SUBDIVISION SIX OF SECTION 5-202 OF THIS CHAPTER;
   (4) MAKE DETERMINATIONS CONCERNING CHALLENGES  TO  VOTER  REGISTRATION
 AND  APPLICATIONS  OF  VOTERS  UNLAWFULLY  DENIED THE RIGHT TO REGISTER,
 PURSUANT TO TITLE TWO OF ARTICLE FIVE OF THIS CHAPTER;
   (5) MAKE DETERMINATIONS CONCERNING THE  ADOPTION  AND  USE  OF  VOTING
 MACHINES OR SYSTEMS PURSUANT TO SECTION 7-200 OF THIS CHAPTER;
   (6) CANVASS ELECTION RESULTS AND PERFORM ALL FUNCTIONS OF THE BOARD OF
 CANVASSERS  IN  THE  CITY  OF NEW YORK, INCLUDING BUT NOT LIMITED TO THE
 CERTIFICATION OF ELECTION RESULTS, PURSUANT TO ARTICLE NINE OR ANY OTHER
 RELEVANT PROVISION OF THIS CHAPTER;
   (7) TAKE ANY ACTION AUTHORIZED BY SECTION 3-218 OF THIS ARTICLE;
   (8) APPROVE ANY CONTRACT WHERE:
   (I) SUCH CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER  THAN  COMPET-
 ITIVE  SEALED  BIDDING  WHERE  THE  CONTRACT  WAS  AWARDED TO THE LOWEST
 RESPONSIBLE BIDDER;
   (II) SUCH CONTRACT PROVIDES  FOR  TECHNICAL,  CONSULTANT  OR  PERSONAL
 SERVICES;
   (III) THE VALUE OF THE CONTRACT EXCEEDS OR PROJECTS AN ANNUAL EXPENDI-
 TURE  EXCEEDING  ONE  MILLION  DOLLARS  FOR THE FISCAL YEAR OR WHERE THE
 VALUE OF ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS OR IS PROJECT-
 ED TO EXCEED ONE MILLION DOLLARS FOR THE FISCAL YEAR; AND
   (9) PROMULGATE REGULATIONS, ISSUE ORDERS AND MAKE DECISIONS  REGARDING
 GENERAL  POLICIES  AFFECTING THE ADMINISTRATION OF ELECTIONS OF THE CITY
 OF NEW YORK.
   (D) THE CO-EXECUTIVE DIRECTORS SHALL COLLECTIVELY SERVE AS  THE  CHIEF
 EXECUTIVE  FOR  THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK AND SHALL
 COLLECTIVELY EXERCISE ALL THEIR POWERS AND DUTIES IN A MANNER NOT INCON-
 SISTENT WITH THE POLICIES OF THE BOARD. THE CO-EXECUTIVE  DIRECTORS  MAY
 COLLECTIVELY  DELEGATE  POWERS  AND DUTIES TO THE OTHER, AND MAY COLLEC-
 TIVELY DELEGATE POWERS AND DUTIES TO EMPLOYEES  IN  FURTHERANCE  OF  THE
 PURPOSES  OF  THIS  CHAPTER, INCLUDING BUT NOT LIMITED TO THE ABILITY TO
 EXERCISE THE POWERS AND DUTIES OF A CO-EXECUTIVE DIRECTOR IN  THE  EVENT
 OF  A VACANCY.   SUCH POWERS AND DUTIES SHALL INCLUDE BUT NOT BE LIMITED
 TO:
   (1) APPOINTING, AND AT THEIR PLEASURE REMOVING, CLERKS, VOTING MACHINE
 TECHNICIANS,  CUSTODIANS  AND  OTHER  EMPLOYEES,  FIXING  THEIR  NUMBER,
 PRESCRIBING  THEIR DUTIES, FIXING THEIR TITLES AND RANK AND ESTABLISHING
 THEIR SALARIES WITHIN THE AMOUNTS APPROPRIATED THEREFOR IN  THE  EXPENSE
 BUDGET  OF  THE  CITY OF NEW YORK, PROVIDED THAT THIS SUBPARAGRAPH SHALL
 NOT AFFECT THE FIXING OF A DAILY RATE OF COMPENSATION PURSUANT TO SUBDI-
 VISION ONE OF SECTION 3-420 OF THIS ARTICLE.  THEY SHALL SECURE  IN  THE
 APPOINTMENT  OF  EMPLOYEES  EQUAL  REPRESENTATION OF THE MAJOR POLITICAL
 PARTIES.   IN EXERCISING THE POWERS CONFERRED  BY  THIS  PARAGRAPH  WITH
 RESPECT  TO  THE  APPOINTMENT  OF  EMPLOYEES, THE CO-EXECUTIVE DIRECTORS
 SHALL, IN CONSULTATION WITH THE NEW YORK  CITY  DEPARTMENT  OF  CITYWIDE
 ADMINISTRATIVE  SERVICES  ESTABLISH  WRITTEN  POLICIES AND PROCEDURES ON
 PERSONNEL, INCLUDING EXECUTIVE STAFF, OTHER THAN THOSE PAID AT  A  DAILY

 S. 6226                             6
 
 RATE PURSUANT TO SUBDIVISION ONE OF SECTION 3-420 OF THIS ARTICLE, WITH-
 IN  NINETY  DAYS  OF THE EFFECTIVE DATE OF THIS PARAGRAPH. SUCH POLICIES
 AND PROCEDURES SHALL INCLUDE:
   (I) SPECIFICATIONS SETTING FORTH THE QUALIFICATIONS FOR AND THE NATURE
 AND  SCOPE  OF  THE DUTIES AND RESPONSIBILITIES OF EACH TITLE, INCLUDING
 EXECUTIVE STAFF, WITH APPOINTMENTS TO BE MADE CONSISTENT WITH SUCH SPEC-
 IFICATIONS, PROVIDED THAT APPOINTMENTS SHALL SECURE EQUAL REPRESENTATION
 OF THE MAJOR POLITICAL PARTIES. SUCH SPECIFICATIONS SHALL IN ADDITION TO
 SECURING SUCH REPRESENTATION, GIVE DUE  WEIGHT  TO  SENIORITY,  PREVIOUS
 TRAININGS  AND  EXPERIENCE,  EDUCATION AND PROFESSIONAL CREDENTIALS, AND
 PERFORMANCE  RATINGS  WHERE  AVAILABLE.  THIS  PARAGRAPH  SHALL  NOT  BE
 CONSTRUED  TO  REQUIRE  THE PREPARATION OF ADMINISTRATION OF COMPETITIVE
 EXAMINATION OF ELIGIBLE LIST FOR ANY TITLE, NOR SHALL IT BE CONSTRUED TO
 REQUIRE THE TERMINATION OF ANY  INDIVIDUAL  EMPLOYED  BY  THE  BOARD  OF
 ELECTIONS  OF  THE  CITY  OF NEW YORK PRIOR TO THE ESTABLISHMENT OF SUCH
 SPECIFICATIONS;
   (II) POLICIES PROTECTING EMPLOYEES  FROM  RETALIATION  FOR  DISCLOSING
 INFORMATION  CONCERNING  ACTS  OF WRONGDOING, MISCONDUCT, MALFEASANCE OF
 OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER;
   (III) POLICIES PROVIDING FOR APPROPRIATE ONGOING TRAINING  OF  EMPLOY-
 EES,  INCLUDING THOSE INDIVIDUALS EMPLOYED PRIOR TO THE ESTABLISHMENT OF
 SUCH POLICIES, WITH THE PURPOSE OF ENSURING THAT ALL EMPLOYEES HAVE  THE
 KNOWLEDGE AND EXPERIENCE TO FULFILL THE DUTIES OF THE POSITION THAT THEY
 HOLD; AND
   (IV)  POLICIES ESTABLISHING AN EMPLOYEE PERFORMANCE EVALUATION PROGRAM
 BASED UPON EVIDENCE OF WORK ACTUALLY PERFORMED BY EMPLOYEES AS  COMPARED
 WITH PRE-ESTABLISHED PERFORMANCE STANDARDS;
   (2)  EXERCISING  ALL  THE  POWERS  AND  DUTIES  DELEGATED TO BOARDS OF
 ELECTIONS, OR SPECIFICALLY TO THE BOARD OF ELECTIONS OF THE CITY OF  NEW
 YORK,  EXCEPT  WHERE  SUCH  POWERS AND DUTIES ARE EXPRESSLY RESERVED FOR
 SUCH BOARD PURSUANT TO THIS SUBDIVISION,  IN  ALL  MATTERS  RELATING  TO
 QUALIFICATION OF VOTERS, VOTER REGISTRATION AND ENROLLMENT, CANCELLATION
 OF  VOTER  REGISTRATION, CHANGE OF VOTER STATUS AND REGISTRATION RECORDS
 PURSUANT TO ARTICLE FIVE OF THIS CHAPTER; IN  ALL  MATTERS  RELATING  TO
 CREATION  AND ALTERATIONS OF ELECTION DISTRICTS PURSUANT TO ARTICLE FOUR
 OF THIS CHAPTER, AND IN ALL MATTERS RELATING TO  DESIGNATION  OF  PLACES
 FOR  REGISTRATION AND POLLING PLACES PURSUANT TO ARTICLES FIVE AND EIGHT
 OF THIS CHAPTER; AND
   (3) EXERCISING THE POWERS AND DUTIES DELEGATED TO BOARDS OF ELECTIONS,
 OR SPECIFICALLY TO THE BOARD OF ELECTIONS OF THE CITY OF  NEW  YORK,  IN
 ALL OTHER MATTERS RELATED TO THE ADMINISTRATION OF ELECTIONS IN THE CITY
 OF NEW YORK NOT OTHERWISE SPECIFIED IN THIS SUBDIVISION.
   (E)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, IN LIEU OF ANY
 OTHERWISE  APPLICABLE  LAW  CONCERNING  PUBLIC  CONDUCT  OF  BUSINESS OR
 RENDERING OF DETERMINATIONS BY THE CO-EXECUTIVE  DIRECTORS,  THEY  SHALL
 PROVIDE  INFORMATION  TO  THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
 AND THE PUBLIC IN ACCORDANCE WITH THIS PARAGRAPH.
   (1) AT REGULAR MEETINGS OF SUCH BOARD  CONDUCTED  IN  ACCORDANCE  WITH
 ARTICLE  SEVEN  OF  THE  PUBLIC OFFICERS LAW, THE CO-EXECUTIVE DIRECTORS
 SHALL REPORT TO THE COMMISSIONERS OF SUCH BOARD ON THE DISCHARGE OF  ANY
 POWERS  AND  DUTIES  EXERCISED BY THE CO-EXECUTIVE DIRECTORS UNDER PARA-
 GRAPH (D) OF THIS SUBDIVISION AS WELL AS ANY ADDITIONAL RELEVANT  INFOR-
 MATION AS MAY BE REQUESTED BY MAJORITY VOTE OF SUCH BOARD. AT SUCH MEET-
 INGS,  A  REASONABLE  OPPORTUNITY  SHALL  BE  PROVIDED  TO THE PUBLIC TO
 PROVIDE ORAL COMMENT ON THE ACTIONS AND OPERATIONS OF THE BOARD AND  ITS
 STAFF.

 S. 6226                             7
 
   (2) NOT LATER THAN JANUARY THIRTY-FIRST OF EACH YEAR, THE CO-EXECUTIVE
 DIRECTORS SHALL PROVIDE TO THE APPOINTING AUTHORITIES A REPORT REGARDING
 THE ACTUAL PERFORMANCE OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
 AS  AN  AGENCY  FOR THE PREVIOUS CALENDAR YEAR, RELATIVE TO PROGRAMMATIC
 GOALS  AND  MEASURES. SUCH REPORT SHALL INCLUDE SUCH ADDITIONAL INFORMA-
 TION, AND BE PRESENTED IN SUCH FORM, AS MAY BE SPECIFIED IN  WRITING  BY
 THE  APPOINTING  AUTHORITY AND SPEAKER AND COMMUNICATED TO THE CO-EXECU-
 TIVE DIRECTORS  NO LATER THAN DECEMBER FIRST OF  THE  PREVIOUS  CALENDAR
 YEAR,  PROVIDED THAT ANY SPECIFICATION REQUIRING THE COLLECTION OR MAIN-
 TENANCE OF ADDITIONAL DATA NOT ALREADY COLLECTED OR MAINTAINED SHALL  BE
 SPECIFIED AT LEAST THREE MONTHS PRIOR TO THE ANTICIPATED COMMENCEMENT OF
 SUCH COLLECTION OR MAINTENANCE.
   § 4. Subdivision 3 of section 4-136 of the election law, as amended by
 chapter 155 of the laws of 2010, is amended to read as follows:
   3.  In  the  city  of  New  York  all  leased  or purchased equipment,
 supplies, ballots, printing and publications, except  newspaper  notices
 and  advertisements,  to  be  used  or  furnished  by such board, may be
 procured for it by the purchasing department or agency of such  city  as
 if  such board were an agency of such city. Such board shall comply with
 the rules and regulations of the New York city procurement policy  board
 and  applicable  state law FOR ALL PURCHASE CONTRACTS, INCLUDING BUT NOT
 LIMITED TO PURCHASE OF GOODS, SERVICES OR TECHNOLOGY.
   § 5. Notwithstanding any inconsistent provision of this act, until the
 first co-executive director of  the  applicable  political  party  takes
 office  in accordance with section 3-300 of the election law, as amended
 by section three of this act, the executive director or deputy executive
 director of the board of elections of the city of New York appointed  by
 such  board and representative of such party shall perform the functions
 assigned to the applicable co-executive director by such section of  the
 election  law, as amended by this act, or any other law.  Further, while
 remaining in office, such executive director and deputy executive direc-
 tor shall be subject to removal and replacement by action of such board,
 consistent with the provisions of section 3-300 of the election  law  as
 such  section was in existence prior to its amendment by this act.  If a
 co-executive director has not been appointed by May 1, 2022, the  status
 of the executive director or deputy executive director appointed by such
 board  and representative of the applicable political party shall termi-
 nate, and the new position of co-executive director shall be  deemed  in
 existence and vacant for all purposes after such date.
   §  6.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

Co-Sponsors

S6226A - Details

See Assembly Version of this Bill:: A5691
Law Section:: Election Law
Laws Affected:: Amd §§3-200, 3-212, 3-300 & 4-136, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6877
2019-2020: S2726, A11169
2023-2024: S619, A662

S6226A - Summary

Relates to the exercise of powers and duties of the board of elections of the city of New York and its executive management.

S6226A - Sponsor Memo

 
BILL NUMBER: S6226A

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the election law, in relation to the exercise of powers
and duties of the board of elections of the city of New York and its
executive management

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends section 3-200 of the Election Law to
require the State Board of Elections to prescribe certain qualifications
that shall apply to the commissioners of election of the board of
elections for the city of New York. These qualifications would ensure
that commissioners have the skills and knowledge to exercise the respon-
sibilities and duties of their position.  Commissioners at the board of
elections of the city of New York would be required to complete train-
ings conducted by the state board within 60 days after they commence
their duties.

Section two of the bill amends section 3-212 of the Election Law to

require additional budgetary responsibility at the board of elections.
The director of the management and budget would be required to notify
the co-executive directors, the mayor, the speaker of the city council,
and the public advocate if it is expected that the city board of
elections would exceed its appropriation. The co-executive directors of
such board would be responsible for responding to such director a
projection of the amount that they will exceed their appropriation, and
relevant information justifying such excess expenditures.

Section three of the bill adds new subdivisions to section 3-300 of the
election law delineating the powers and duties of the co-executive
directors of the city board of elections, and the board of elections of
the city of New York (The board). The board will be responsible for
promulgating regulations, issuing orders and making decisions regarding
general policies affecting the administration of elections of the city
of New York. The bill expressly reserves certain powers and functions
for the board, including but not limited to the designation of election
districts and poll sites, approving procurement contracts valued at
greater than one million dollars, choosing voting machines and systems,
canvassing election results, making determinations regarding the nomi-
nation and designation of candidates, and, the form and content of
ballots and challenges to voter registration.

The co-executive directors, which must be of separate political party
affiliation, would now be appointed by a majority vote of the mayor of
the city of New York, the speaker of the city council and the public
advocate, with the provision that the Mayor must be part of the majori-
ty. The co-executive directors would be chosen for appointment from a
list developed by the commissioners of election representing each poli-
tical party. The co-executive directors would have the same powers and
duties delegated to local boards of elections under the Election Law,
including but not limited to the appointment, salaries and removal of
all staff, such as poll workers, inspectors and voter machine techni-
cians and all matters relating to voter registration and enrollment,
cancellation of voter registration, policies providing for appropriate
ongoing training of employees, policies establishing employee evalu-
ations, change of voter status and registration records, except where
such powers are expressly reserved for the board. The co-executive
directors must exercise their powers in a manner not inconsistent with
the policies established by the Board.

Section four amends section 4-136 of the election law to include the
purchase of goods, services, and technology to the list of items for
which the city board of elections can procure from the city. The board
shall comply with the rules and regulations of the city procurement
policy board and applicable state law.

Section five allows the current executive director and deputy executive
director to assume the roles of co-executive directors until the commis-
sioners complete the required process for appointing co-executive direc-
tors.

Section six provides that the bill shall take effect sixty days after
enactment.

 
JUSTIFICATION:

In December of 2020, the Legislature held a roundtable on how to make
the New York City Board of Elections more efficient and accountable to
the people of New York City. A major theme of the day was a need to
delineate responsibilities, increase training, and to create a process
where employees of the board are capable of completing their responsi-
bilities and accountable for their work.

This bill provides for clear delineation of the various responsibilities
of the commissioners of the board of elections, and provides for clear
powers, responsibilities, and duties for the co-executive directors. The
bill develops a methodology where the co-executive directors can be held
accountable through processes designed to remove and appoint co-execu-
tive directors. Most importantly, the bill creates various training and
continuing education requirements for commissioners, co-executive direc-
tors, and staff so that all employees and managers have the skills need-
ed to administer elections in the City efficiently, accurately, and that
the voting rights of New Yorkers are protected.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S.2726 Elections/ A.11169 (Rozic) Elections

2017-2018: S.6877 Elections

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect sixty days after it shall become a law.

S6226A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6226--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2021
                                ___________
 
 Introduced  by Sens. KRUEGER, HOYLMAN -- 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 the exercise of  powers
   and  duties  of the board of elections of the city of New York and its
   executive management
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The section heading and subdivision 3 of section 3-200 of
 the election law, the section heading as amended by chapter 373  of  the
 laws  of  1978,  are amended and a new subdivision 8 is added to read as
 follows:
   Boards  of  elections;  creation,  qualifications  of   commissioners,
 removal; ADDITIONAL QUALIFICATIONS AND TRAINING IN THE CITY OF NEW YORK.
   3.  In the city of New York the board shall consist of ten commission-
 ers of election who shall be registered voters in the county  for  which
 they  are  appointed  and they shall be appointed by the city council of
 the city of New York. Not more than two commissioners  shall  be  regis-
 tered  voters  of  the same county.  IN ADDITION, NO LATER THAN DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-ONE,  THE  STATE  BOARD  OF  ELECTIONS
 SHALL  PRESCRIBE QUALIFICATIONS FOR THE COMMISSIONERS OF ELECTION OF THE
 BOARD OF ELECTIONS OF THE CITY OF NEW YORK.   SUCH QUALIFICATIONS  SHALL
 APPLY  TO  APPOINTMENTS MADE BEGINNING THIRTY DAYS AFTER PROMULGATION OF
 SUCH QUALIFICATIONS AND SHALL THEREAFTER BE REVIEWED BY  SUCH  BOARD  AT
 LEAST  EVERY  TWO  YEARS  AND UPDATED AS NECESSARY.  SUCH QUALIFICATIONS
 SHALL BE PRESCRIBED ONLY AFTER CONSIDERATION OF THE SKILLS AND KNOWLEDGE
 NECESSARY OR USEFUL FOR THE EXERCISE OF THE DUTIES AND  RESPONSIBILITIES
 OF  SUCH  COMMISSIONERS,  AS WELL AS THE ABILITY TO RECRUIT A SUFFICIENT
 NUMBER OF CANDIDATES TO BE COMMISSIONERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04954-08-1

 S. 6226--A                          2
 
   8. IN THE CITY OF NEW YORK THE COMMISSIONERS OF ELECTION SHALL PARTIC-
 IPATE IN TRAINING CONDUCTED BY THE STATE BOARD  OF  ELECTIONS  REGARDING
 THEIR  DUTIES AND RESPONSIBILITIES AS COMMISSIONERS OF ELECTION, INCLUD-
 ING TRAINING REGARDING ELECTION DAY OPERATIONS, TO BE  COMPLETED  WITHIN
 SIXTY  DAYS  AFTER A COMMISSIONER COMMENCES PERFORMANCE OF THE DUTIES OF
 THE OFFICE. COMMISSIONERS OF ELECTION SHALL PARTICIPATE IN SUCH CONTINU-
 ING TRAINING CONDUCTED BY  THE  STATE  BOARD  OF  ELECTIONS  AS  MAY  BE
 REQUIRED  BY SUCH BOARD TO REMAIN INFORMED OF BEST PRACTICES, REGULATORY
 AND STATUTORY CHANGES RELATING TO THEIR DUTIES AND RESPONSIBILITIES, AND
 ANY OTHER CONTINUING TRAINING AS IS NECESSARY TO FULFILL THE  DUTIES  OF
 THE COMMISSIONERS OF ELECTION.
   §  2.  The  section  heading  of  section 3-212 of the election law is
 amended and a new subdivision 6 is added to read as follows:
   Boards of elections; organization, proceedings, reports  and  records;
 BUDGET REPORTING IN THE CITY OF NEW YORK.
   6.  IF,  AT  ANY  TIME  DURING THE CITY FISCAL YEAR OF THE CITY OF NEW
 YORK, THE DIRECTOR OF MANAGEMENT AND BUDGET OF SUCH CITY DETERMINES THAT
 THE EXPENDITURES OF THE BOARD OF ELECTIONS OF THE CITY OF NEW  YORK  ARE
 REASONABLY  LIKELY  TO EXCEED APPROPRIATIONS TO SUCH BOARD FOR PERSONNEL
 SERVICES OR OTHER THAN PERSONNEL SERVICES FOR A QUARTER  OF  THE  FISCAL
 YEAR,  BASED UPON A REASONABLE ALLOTMENT BY SUCH DIRECTOR OF SUCH APPRO-
 PRIATIONS TO SUCH QUARTER, OR FOR THE ENTIRE FISCAL YEAR, SUCH  DIRECTOR
 SHALL  PROVIDE  WRITTEN NOTICE OF SUCH DETERMINATION TO THE CO-EXECUTIVE
 DIRECTORS OF SUCH BOARD, THE MAYOR OF SUCH CITY, THE SPEAKER OF THE CITY
 COUNCIL OF SUCH CITY, AND THE PUBLIC ADVOCATE  OF  SUCH  CITY,  TOGETHER
 WITH  ANY  RELEVANT REQUESTS FOR ADDITIONAL DATA OR INFORMATION THAT THE
 DIRECTOR DETERMINES TO BE MATERIAL TO SUCH  BOARD'S  LEVEL  OF  EXPENDI-
 TURES.    WITHIN TWENTY DAYS OF RECEIVING SUCH NOTICE, SUCH CO-EXECUTIVE
 DIRECTORS SHALL SUBMIT TO SUCH  DIRECTOR,  MAYOR,  PUBLIC  ADVOCATE  AND
 SPEAKER  A  PROJECTION  OF WHETHER AND BY WHAT AMOUNT IT WILL EXCEED ITS
 APPROPRIATIONS FOR PERSONNEL SERVICES AND OTHER THAN PERSONNEL  SERVICES
 FOR  EACH  QUARTER  AND THE ENTIRE FISCAL YEAR, TOGETHER WITH A DETAILED
 EXPLANATION OF THE NEEDS JUSTIFYING ANY SUCH PROJECTED  EXCESS  EXPENDI-
 TURES.    NOTHING  IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT THE
 DIRECTOR FROM REQUIRING THE FURNISHING  OF  DATA  AND  INFORMATION,  AND
 ANSWERS  TO  PERTINENT INQUIRIES, AT ANY TIME IN ACCORDANCE WITH SECTION
 TWO HUNDRED TWENTY-FIVE OF THE NEW YORK CITY CHARTER.
   § 3. Section 3-300 of the election law is amended to read as follows:
   § 3-300. Board employees; appointment. [Every] 1. EXCEPT  AS  PROVIDED
 IN  SUBDIVISION  TWO  OF  THIS  SECTION,  EVERY board of elections shall
 appoint, and at its pleasure remove, clerks, voting machine technicians,
 custodians and  other  employees,  fix  their  number,  prescribe  their
 duties,  fix  their  titles and rank and establish their salaries within
 the amounts appropriated therefor by  the  local  legislative  body  and
 shall  secure  in the appointment of employees of the board of elections
 equal representation of the major political parties.  Every commissioner
 in each board of elections except for  commissioners  of  the  board  of
 elections  of the city of New York, may approve and at pleasure remove a
 deputy, establish his OR HER title and prescribe his OR HER duties. [In]
   2. (A) NOTWITHSTANDING ANY PROVISION OF GENERAL, SPECIAL OR LOCAL LAW,
 IN the city of New York, [the board of elections shall appoint an execu-
 tive director and a deputy executive director whose duties it] CO-EXECU-
 TIVE DIRECTORS WHO SHALL EACH BE OF SEPARATE MAJOR POLITICAL PARTIES AND
 SHALL BE APPOINTED, AND MAY BE REMOVED, IN A MANNER SET FORTH  IN  PARA-
 GRAPH  (B)  OF  THIS SUBDIVISION. THE DUTY OF THE CO-EXECUTIVE DIRECTORS
 shall be to supervise the operations of the board  of  elections  [under

 S. 6226--A                          3

 the  supervision of such board] IN ACCORDANCE WITH THIS SUBDIVISION. THE
 BOARD OF ELECTIONS OF THE CITY OF NEW YORK SHALL ADVISE THE CO-EXECUTIVE
 DIRECTORS ON MATTERS OF POLICY AFFECTING THE ADMINISTRATION OF ELECTIONS
 IN  THE  CITY OF NEW YORK. EXCEPT AS EXPRESSLY PROVIDED IN THIS SUBDIVI-
 SION, SUCH BOARD SHALL EXERCISE NO EXECUTIVE POWER AND PERFORM NO EXECU-
 TIVE OR ADMINISTRATIVE FUNCTIONS. EXCEPT AS EXPRESSLY PROVIDED  IN  THIS
 SUBDIVISION,  SUCH BOARD SHALL MAKE NO INDIVIDUALIZED DECISIONS CONCERN-
 ING THE EMPLOYMENT OF ANY SPECIFIC PERSON OR THE  REGISTRATION,  PRE-RE-
 GISTRATION, ENROLLMENT OR QUALIFICATIONS OF ANY SPECIFIC VOTER OR APPLI-
 CANT.  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE CONSTRUED TO REQUIRE OR
 AUTHORIZE THE DAY-TO-DAY SUPERVISION OF THE  CO-EXECUTIVE  DIRECTORS  BY
 THE  BOARD.  THE BOARD MAY DELEGATE POWERS AND DUTIES CONFERRED UPON THE
 BOARD TO THE CO-EXECUTIVE DIRECTORS, TO  BE  EXERCISED  CONSISTENT  WITH
 PARAGRAPH  (D)  OF  THIS  SUBDIVISION.   ONE CO-EXECUTIVE DIRECTOR SHALL
 FIRST BE APPOINTED FOR A TERM OF TWO YEARS AND THE OTHER SHALL FIRST  BE
 APPOINTED  TO  A TERM OF FOUR YEARS, WITH BOTH TERMS COMMENCING ON MARCH
 FIRST, TWO THOUSAND TWENTY-TWO.  THEREAFTER, EACH CO-EXECUTIVE  DIRECTOR
 SHALL  BE  APPOINTED FOR A TERM OF FOUR YEARS IN THE MANNER DESCRIBED IN
 PARAGRAPH (B) OF THIS SUBDIVISION.  IN THE CASE OF A VACANCY, A  CO-EXE-
 CUTIVE  DIRECTOR  SHALL BE APPOINTED TO SERVE THE REMAINDER OF THE UNEX-
 PIRED TERM ACCORDING TO THE ORIGINAL MANNER OF APPOINTMENT OF THE PREVI-
 OUS CO-EXECUTIVE DIRECTOR.
   (B)(1)   FOR PURPOSES OF THIS PARAGRAPH  AND  PARAGRAPH  (E)  OF  THIS
 SUBDIVISION,  THE  TERM "APPOINTING AUTHORITIES" SHALL MEAN THE MAYOR OF
 THE CITY OF NEW YORK, THE SPEAKER OF THE CITY COUNCIL OF SUCH CITY,  AND
 THE  PUBLIC ADVOCATE OF SUCH CITY, WHO SHALL ACT PURSUANT TO THIS SUBDI-
 VISION BY CONCURRING ACTION OF AT LEAST TWO OF SUCH OFFICIALS,  PROVIDED
 THAT THE MAYOR SHALL BE ONE OF THE CONCURRING OFFICIALS.
   (2)  NO  EARLIER  THAN  THE FIRST DAY OF JANUARY AND NO LATER THAN THE
 FIRST DAY OF FEBRUARY IN TWO THOUSAND TWENTY-TWO AND IN  EVERY  CALENDAR
 YEAR THEREAFTER DURING WHICH THE FOUR-YEAR TERM OF A CO-EXECUTIVE DIREC-
 TOR IS TO EXPIRE, THE COMMISSIONERS OF ELECTION FOR EACH POLITICAL PARTY
 SHALL  FILE  ONE  OR  MORE CERTIFICATES OF PARTY RECOMMENDATION WITH THE
 APPOINTING AUTHORITIES, AS DESCRIBED IN THIS PARAGRAPH.
   (3) PARTY RECOMMENDATIONS FOR CO-EXECUTIVE DIRECTOR SHALL BE  MADE  BY
 THE COMMISSIONERS OF ELECTION FOR EACH POLITICAL PARTY. SUCH COMMISSION-
 ERS  SHALL ACT JOINTLY BY MAJORITY VOTE TO RECOMMEND NO FEWER THAN THREE
 CANDIDATES FOR EACH POSITION OF CO-EXECUTIVE DIRECTOR.  IF AT ANY TIME A
 VACANCY OCCURS IN THE OFFICE OF  CO-EXECUTIVE  DIRECTOR  OTHER  THAN  BY
 EXPIRATION  OF TERM OF OFFICE, OR IF A REQUEST FOR ADDITIONAL CANDIDATES
 IS MADE BY THE APPOINTING AUTHORITIES PURSUANT TO  SUBPARAGRAPH  SIX  OF
 THIS PARAGRAPH, PARTY RECOMMENDATIONS TO FILL SUCH VACANCY SHALL BE MADE
 WITHIN  THIRTY DAYS. IF FEWER THAN THREE CANDIDATES ARE RECOMMENDED IN A
 TIMELY MANNER BY THE COMMISSIONERS OF ELECTION FOR THE APPLICABLE  POLI-
 TICAL  PARTY  ACTING  JOINTLY  BY MAJORITY VOTE, THEN THE MEMBERS OF THE
 CITY COUNCIL WHO ARE MEMBERS OF THE APPLICABLE POLITICAL PARTY  MAY,  BY
 MAJORITY VOTE OF SUCH MEMBERS, FILE CERTIFICATES OF PARTY RECOMMENDATION
 WITH THE APPOINTING AUTHORITIES WITHIN FIFTEEN DAYS AFTER THE EXPIRATION
 OF  THE  TIME  FOR  FILING  BY  THE  COMMISSIONERS OF ELECTION, SO AS TO
 INCREASE THE TOTAL NUMBER OF CANDIDATES TO THREE.
   (4) CANDIDATES RECOMMENDED UNDER THIS PARAGRAPH MUST SATISFY ALL QUAL-
 IFICATIONS REQUIRED FOR LOCAL OFFICERS PURSUANT TO THE  PUBLIC  OFFICERS
 LAW.    FURTHER, NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-ONE, THE STATE BOARD OF ELECTIONS SHALL PRESCRIBE  ADDITIONAL  QUALI-
 FICATIONS FOR THE CO-EXECUTIVE DIRECTORS, WHICH SHALL APPLY TO RECOMMEN-
 DATIONS  AND  APPOINTMENTS  MADE  THEREAFTER.  SUCH QUALIFICATIONS SHALL

 S. 6226--A                          4
 
 THEREAFTER BE REVIEWED BY SUCH  BOARD  AT  LEAST  EVERY  TWO  YEARS  AND
 UPDATED  AS  NECESSARY, AND SHALL BE PRESCRIBED ONLY AFTER CONSIDERATION
 OF THE SKILLS AND KNOWLEDGE NECESSARY OR USEFUL FOR THE EXERCISE OF  THE
 DUTIES  AND  RESPONSIBILITIES  OF THE CO-EXECUTIVE DIRECTORS, AS WELL AS
 THE ABILITY TO RECRUIT A SUFFICIENT NUMBER OF CANDIDATES TO BE CO-EXECU-
 TIVE DIRECTORS.
   (5) THE CERTIFICATES FILED SHALL BE IN  SUCH  FORM  AND  CONTAIN  SUCH
 INFORMATION AS SHALL BE PRESCRIBED BY THE STATE BOARD OF ELECTIONS.
   (6)  THE  CO-EXECUTIVE  DIRECTORS  SHALL  BE  APPOINTED JOINTLY BY THE
 APPOINTING AUTHORITIES IN ACCORDANCE WITH THIS SUBDIVISION,  FROM  AMONG
 THE  CANDIDATES RECOMMENDED PURSUANT TO SUBPARAGRAPH THREE OF THIS PARA-
 GRAPH; PROVIDED, HOWEVER, THAT WITHIN THIRTY DAYS AFTER RECEIPT  OF  ONE
 OR  MORE CERTIFICATES OF RECOMMENDATION THAT INCLUDE IN THE AGGREGATE AT
 LEAST THREE CANDIDATES,  THE  APPOINTING  AUTHORITIES  MAY  REQUEST  THE
 SUBMISSION  OF  NOT  LESS THAN TWO ADDITIONAL CANDIDATES, IN WHICH EVENT
 THE PROCESS SET FORTH IN SUBPARAGRAPH TWO OF  THIS  PARAGRAPH  SHALL  BE
 REPEATED.  IF  THE  APPOINTING  AUTHORITIES  FAIL TO JOINTLY APPOINT ANY
 PERSON RECOMMENDED FOR APPOINTMENT AS CO-EXECUTIVE DIRECTOR PURSUANT  TO
 THIS  PARAGRAPH,  WITHIN  FORTY-FIVE  DAYS  AFTER RECEIPT OF ONE OR MORE
 CERTIFICATES OF RECOMMENDATION THAT INCLUDE AT LEAST  THREE  CANDIDATES,
 OR  WITHIN  THIRTY  DAYS  AFTER RECEIPT OF ONE OR MORE CERTIFICATES THAT
 INCLUDE AT LEAST TWO ADDITIONAL CANDIDATES, THEN  THE  COMMISSIONERS  OF
 ELECTION WHO ARE MEMBERS OF THE POLITICAL PARTY WHICH FILED SUCH CERTIF-
 ICATE  MAY  APPOINT ONE OF THE RECOMMENDED CANDIDATES BY A MAJORITY VOTE
 OF SUCH COMMISSIONERS.   IF A SUFFICIENT NUMBER  OF  CANDIDATES,  OR  OF
 ADDITIONAL CANDIDATES, ARE NOT RECOMMENDED TO THE APPOINTING AUTHORITIES
 BY  EITHER  THE  APPLICABLE  COMMISSIONERS OF ELECTION OR THE APPLICABLE
 MEMBERS OF THE CITY COUNCIL WITHIN THE TIMES PRESCRIBED  BY  THIS  PARA-
 GRAPH,  THEN  ANY HOLDOVER STATUS OF THE INCUMBENT CO-EXECUTIVE DIRECTOR
 SHALL TERMINATE AND THE PROCESS REQUIRED BY THIS PARAGRAPH SHALL  RECOM-
 MENCE,  UNLESS  THE  APPOINTING  AUTHORITIES  JOINTLY APPOINT ONE OF THE
 RECOMMENDED CANDIDATES WITHIN FIFTEEN DAYS AFTER THE EXPIRATION OF  SUCH
 PRESCRIBED TIMES.
   (7)   NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS PARAGRAPH, NO
 EARLIER THAN THE FIRST DAY OF JANUARY AND NO LATER THAN THE THIRTY-FIRST
 DAY OF JANUARY IN THE LAST YEAR OF THE TERM OF A CO-EXECUTIVE  DIRECTOR,
 THE  APPOINTING AUTHORITIES AND COMMISSIONERS OF ELECTION FOR THE APPLI-
 CABLE POLITICAL PARTY, ACTING BY A MAJORITY VOTE OF SUCH  COMMISSIONERS,
 MAY  AGREE  TO  JOINTLY  ISSUE A CERTIFICATE OF PARTY RECOMMENDATION AND
 APPOINTMENT TO REAPPOINT SUCH CO-EXECUTIVE DIRECTOR TO ANOTHER  TERM  OF
 OFFICE.  IN SUCH EVENT, THE PROCESS OTHERWISE SPECIFIED IN SUBPARAGRAPHS
 TWO, THREE AND SIX OF THIS PARAGRAPH SHALL NOT APPLY.
   (8)  A  CO-EXECUTIVE  DIRECTOR MAY BE REMOVED FROM OFFICE FOR CAUSE BY
 THE APPOINTING AUTHORITIES.  IN ADDITION, A CO-EXECUTIVE DIRECTOR MAY BE
 REMOVED WITHOUT CAUSE BY THE APPOINTING AUTHORITIES ACTING JOINTLY  WITH
 THE COMMISSIONERS OF ELECTION FOR THE APPLICABLE POLITICAL PARTY, ACTING
 BY  A  MAJORITY  VOTE OF SUCH COMMISSIONERS.    ANY VACANCY SO RESULTING
 SHALL BE FILLED IN THE MANNER PRESCRIBED BY THIS  PARAGRAPH FOR  FILLING
 VACANCIES.
   (9)  THE  CO-EXECUTIVE  DIRECTORS  SHALL  BE  SUBJECT  TO THE TRAINING
 REQUIREMENTS SET FORTH IN SUBDIVISION EIGHT OF  SECTION  3-200  OF  THIS
 ARTICLE,   UNLESS  THE  STATE  BOARD  OF  ELECTIONS  IN  ITS  DISCRETION
 PRESCRIBES ALTERNATIVE  OR  ADDITIONAL  TRAINING  FOR  THE  CO-EXECUTIVE
 DIRECTORS SPECIFIC TO THEIR DUTIES AND RESPONSIBILITIES.

 S. 6226--A                          5
 
   (C)  THE  BOARD  SHALL  HAVE  THE POWER AND DUTY TO TAKE THE FOLLOWING
 ACTIONS TO THE EXTENT OTHERWISE CONSISTENT WITH THE JURISDICTION OF  THE
 BOARD PURSUANT TO THIS CHAPTER:
   (1)  MAKE  DETERMINATIONS  REGARDING THE NOMINATION AND DESIGNATION OF
 CANDIDATES FOR PUBLIC OFFICE AND PARTY POSITIONS PURSUANT TO ARTICLE SIX
 OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (2) MAKE DETERMINATIONS REGARDING THE FORM  AND  CONTENT  OF  BALLOTS,
 INCLUDING  BUT  NOT LIMITED TO THE DETERMINATION OF CANDIDATES AND QUES-
 TIONS TO APPEAR ON THE BALLOT PURSUANT TO SECTION 4-114 OF THIS  CHAPTER
 AND  THE CERTIFICATION OF BALLOTS PURSUANT TO TITLE ONE OF ARTICLE SEVEN
 OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (3) ADOPT RESOLUTIONS  ELIMINATING  MEETINGS  FOR  LOCAL  REGISTRATION
 PURSUANT TO SUBDIVISION SIX OF SECTION 5-202 OF THIS CHAPTER;
   (4)  MAKE  DETERMINATIONS  CONCERNING CHALLENGES TO VOTER REGISTRATION
 AND APPLICATIONS OF VOTERS UNLAWFULLY  DENIED  THE  RIGHT  TO  REGISTER,
 PURSUANT TO TITLE TWO OF ARTICLE FIVE OF THIS CHAPTER;
   (5)  MAKE  DETERMINATIONS  CONCERNING  THE  ADOPTION AND USE OF VOTING
 MACHINES OR SYSTEMS PURSUANT TO SECTION 7-200 OF THIS CHAPTER;
   (6) CANVASS ELECTION RESULTS AND PERFORM ALL FUNCTIONS OF THE BOARD OF
 CANVASSERS IN THE CITY OF NEW YORK, INCLUDING BUT  NOT  LIMITED  TO  THE
 CERTIFICATION OF ELECTION RESULTS, PURSUANT TO ARTICLE NINE OR ANY OTHER
 RELEVANT PROVISION OF THIS CHAPTER;
   (7) TAKE ANY ACTION AUTHORIZED BY SECTION 3-218 OF THIS ARTICLE;
   (8) APPROVE ANY CONTRACT WHERE:
   (I)  SUCH  CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER THAN COMPET-
 ITIVE SEALED BIDDING WHERE  THE  CONTRACT  WAS  AWARDED  TO  THE  LOWEST
 RESPONSIBLE BIDDER;
   (II)  SUCH  CONTRACT  PROVIDES  FOR  TECHNICAL, CONSULTANT OR PERSONAL
 SERVICES;
   (III) THE VALUE OF THE CONTRACT EXCEEDS OR PROJECTS AN ANNUAL EXPENDI-
 TURE EXCEEDING ONE MILLION DOLLARS FOR THE  FISCAL  YEAR  OR  WHERE  THE
 VALUE OF ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS OR IS PROJECT-
 ED TO EXCEED ONE MILLION DOLLARS FOR THE FISCAL YEAR; AND
   (9)  PROMULGATE REGULATIONS, ISSUE ORDERS AND MAKE DECISIONS REGARDING
 GENERAL POLICIES AFFECTING THE ADMINISTRATION OF ELECTIONS OF  THE  CITY
 OF NEW YORK.
   (D)  THE  CO-EXECUTIVE DIRECTORS SHALL COLLECTIVELY SERVE AS THE CHIEF
 EXECUTIVE FOR THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK  AND  SHALL
 COLLECTIVELY EXERCISE ALL THEIR POWERS AND DUTIES IN A MANNER NOT INCON-
 SISTENT  WITH  THE POLICIES OF THE BOARD. THE CO-EXECUTIVE DIRECTORS MAY
 COLLECTIVELY DELEGATE POWERS AND DUTIES TO THE OTHER,  AND  MAY  COLLEC-
 TIVELY  DELEGATE  POWERS  AND  DUTIES TO EMPLOYEES IN FURTHERANCE OF THE
 PURPOSES OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO  THE  ABILITY  TO
 EXERCISE  THE  POWERS AND DUTIES OF A CO-EXECUTIVE DIRECTOR IN THE EVENT
 OF A VACANCY.  SUCH POWERS AND DUTIES SHALL INCLUDE BUT NOT  BE  LIMITED
 TO:
   (1) APPOINTING, AND AT THEIR PLEASURE REMOVING, CLERKS, VOTING MACHINE
 TECHNICIANS,  CUSTODIANS  AND  OTHER  EMPLOYEES,  FIXING  THEIR  NUMBER,
 PRESCRIBING THEIR DUTIES, FIXING THEIR TITLES AND RANK AND  ESTABLISHING
 THEIR  SALARIES  WITHIN THE AMOUNTS APPROPRIATED THEREFOR IN THE EXPENSE
 BUDGET OF THE CITY OF NEW YORK, PROVIDED THAT  THIS  SUBPARAGRAPH  SHALL
 NOT AFFECT THE FIXING OF A DAILY RATE OF COMPENSATION PURSUANT TO SUBDI-
 VISION  ONE  OF SECTION 3-420 OF THIS ARTICLE.  THEY SHALL SECURE IN THE
 APPOINTMENT OF EMPLOYEES EQUAL REPRESENTATION  OF  THE  MAJOR  POLITICAL
 PARTIES.    IN  EXERCISING  THE  POWERS CONFERRED BY THIS PARAGRAPH WITH
 RESPECT TO THE APPOINTMENT  OF  EMPLOYEES,  THE  CO-EXECUTIVE  DIRECTORS

 S. 6226--A                          6

 SHALL,  IN  CONSULTATION  WITH  THE NEW YORK CITY DEPARTMENT OF CITYWIDE
 ADMINISTRATIVE SERVICES ESTABLISH WRITTEN  POLICIES  AND  PROCEDURES  ON
 PERSONNEL,  INCLUDING  EXECUTIVE STAFF, OTHER THAN THOSE PAID AT A DAILY
 RATE PURSUANT TO SUBDIVISION ONE OF SECTION 3-420 OF THIS ARTICLE, WITH-
 IN  NINETY  DAYS  OF THE EFFECTIVE DATE OF THIS PARAGRAPH. SUCH POLICIES
 AND PROCEDURES SHALL INCLUDE:
   (I) SPECIFICATIONS SETTING FORTH THE QUALIFICATIONS FOR AND THE NATURE
 AND SCOPE OF THE DUTIES AND RESPONSIBILITIES OF  EACH  TITLE,  INCLUDING
 EXECUTIVE STAFF, WITH APPOINTMENTS TO BE MADE CONSISTENT WITH SUCH SPEC-
 IFICATIONS, PROVIDED THAT APPOINTMENTS SHALL SECURE EQUAL REPRESENTATION
 OF THE MAJOR POLITICAL PARTIES. SUCH SPECIFICATIONS SHALL IN ADDITION TO
 SECURING  SUCH  REPRESENTATION,  GIVE  DUE WEIGHT TO SENIORITY, PREVIOUS
 TRAININGS AND EXPERIENCE, EDUCATION AND  PROFESSIONAL  CREDENTIALS,  AND
 PERFORMANCE  RATINGS  WHERE  AVAILABLE.  THIS  PARAGRAPH  SHALL  NOT  BE
 CONSTRUED TO REQUIRE THE PREPARATION OF  ADMINISTRATION  OF  COMPETITIVE
 EXAMINATION OF ELIGIBLE LIST FOR ANY TITLE, NOR SHALL IT BE CONSTRUED TO
 REQUIRE  THE  TERMINATION  OF  ANY  INDIVIDUAL  EMPLOYED BY THE BOARD OF
 ELECTIONS OF THE CITY OF NEW YORK PRIOR TO  THE  ESTABLISHMENT  OF  SUCH
 SPECIFICATIONS;
   (II)  POLICIES  PROTECTING  EMPLOYEES  FROM RETALIATION FOR DISCLOSING
 INFORMATION CONCERNING ACTS OF WRONGDOING,  MISCONDUCT,  MALFEASANCE  OF
 OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER;
   (III)  POLICIES  PROVIDING FOR APPROPRIATE ONGOING TRAINING OF EMPLOY-
 EES, INCLUDING THOSE INDIVIDUALS EMPLOYED PRIOR TO THE ESTABLISHMENT  OF
 SUCH  POLICIES, WITH THE PURPOSE OF ENSURING THAT ALL EMPLOYEES HAVE THE
 KNOWLEDGE AND EXPERIENCE TO FULFILL THE DUTIES OF THE POSITION THAT THEY
 HOLD;
   (IV) POLICIES TO REQUIRE THE POSTING OF ALL VACANT POSITIONS  FOURTEEN
 DAYS  BEFORE  INTERVIEWS  COMMENCE.  ALL POSTINGS SHALL BE ON A PUBLICLY
 ACCESSIBLE WEBSITE, IN THE CITY RECORD, OR ON AN OPEN DATA PORTAL. NOTH-
 ING SHALL PREVENT THE POSTING OF VACANCIES ON ALL THREE; AND
   (V) POLICIES ESTABLISHING AN EMPLOYEE PERFORMANCE  EVALUATION  PROGRAM
 BASED  UPON EVIDENCE OF WORK ACTUALLY PERFORMED BY EMPLOYEES AS COMPARED
 WITH PRE-ESTABLISHED PERFORMANCE STANDARDS;
   (2) EXERCISING ALL THE  POWERS  AND  DUTIES  DELEGATED  TO  BOARDS  OF
 ELECTIONS,  OR SPECIFICALLY TO THE BOARD OF ELECTIONS OF THE CITY OF NEW
 YORK, EXCEPT WHERE SUCH POWERS AND DUTIES  ARE  EXPRESSLY  RESERVED  FOR
 SUCH  BOARD  PURSUANT  TO  THIS  SUBDIVISION, IN ALL MATTERS RELATING TO
 QUALIFICATION OF VOTERS, VOTER REGISTRATION AND ENROLLMENT, CANCELLATION
 OF VOTER REGISTRATION, CHANGE OF VOTER STATUS AND  REGISTRATION  RECORDS
 PURSUANT  TO  ARTICLE  FIVE  OF THIS CHAPTER; IN ALL MATTERS RELATING TO
 CREATION AND ALTERATIONS OF ELECTION DISTRICTS PURSUANT TO ARTICLE  FOUR
 OF  THIS  CHAPTER,  AND IN ALL MATTERS RELATING TO DESIGNATION OF PLACES
 FOR REGISTRATION AND POLLING PLACES PURSUANT TO ARTICLES FIVE AND  EIGHT
 OF THIS CHAPTER; AND
   (3) EXERCISING THE POWERS AND DUTIES DELEGATED TO BOARDS OF ELECTIONS,
 OR  SPECIFICALLY  TO  THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK, IN
 ALL OTHER MATTERS RELATED TO THE ADMINISTRATION OF ELECTIONS IN THE CITY
 OF NEW YORK NOT OTHERWISE SPECIFIED IN THIS SUBDIVISION.
   (E)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, IN LIEU OF ANY
 OTHERWISE APPLICABLE  LAW  CONCERNING  PUBLIC  CONDUCT  OF  BUSINESS  OR
 RENDERING  OF  DETERMINATIONS  BY THE CO-EXECUTIVE DIRECTORS, THEY SHALL
 PROVIDE INFORMATION TO THE BOARD OF ELECTIONS OF THE CITY  OF  NEW  YORK
 AND THE PUBLIC IN ACCORDANCE WITH THIS PARAGRAPH.
   (1)  AT  REGULAR  MEETINGS  OF SUCH BOARD CONDUCTED IN ACCORDANCE WITH
 ARTICLE SEVEN OF THE PUBLIC OFFICERS  LAW,  THE  CO-EXECUTIVE  DIRECTORS

 S. 6226--A                          7
 
 SHALL  REPORT TO THE COMMISSIONERS OF SUCH BOARD ON THE DISCHARGE OF ANY
 POWERS AND DUTIES EXERCISED BY THE CO-EXECUTIVE  DIRECTORS  UNDER  PARA-
 GRAPH  (D) OF THIS SUBDIVISION AS WELL AS ANY ADDITIONAL RELEVANT INFOR-
 MATION AS MAY BE REQUESTED BY MAJORITY VOTE OF SUCH BOARD. AT SUCH MEET-
 INGS,  A  REASONABLE  OPPORTUNITY  SHALL  BE  PROVIDED  TO THE PUBLIC TO
 PROVIDE ORAL COMMENT ON THE ACTIONS AND OPERATIONS OF THE BOARD AND  ITS
 STAFF.
   (2) NOT LATER THAN JANUARY THIRTY-FIRST OF EACH YEAR, THE CO-EXECUTIVE
 DIRECTORS SHALL PROVIDE TO THE APPOINTING AUTHORITIES A REPORT REGARDING
 THE ACTUAL PERFORMANCE OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
 AS  AN  AGENCY  FOR THE PREVIOUS CALENDAR YEAR, RELATIVE TO PROGRAMMATIC
 GOALS AND MEASURES. SUCH REPORT SHALL INCLUDE SUCH  ADDITIONAL  INFORMA-
 TION,  AND  BE PRESENTED IN SUCH FORM, AS MAY BE SPECIFIED IN WRITING BY
 THE APPOINTING AUTHORITY AND SPEAKER AND COMMUNICATED TO  THE  CO-EXECU-
 TIVE  DIRECTORS    NO LATER THAN DECEMBER FIRST OF THE PREVIOUS CALENDAR
 YEAR, PROVIDED THAT ANY SPECIFICATION REQUIRING THE COLLECTION OR  MAIN-
 TENANCE  OF ADDITIONAL DATA NOT ALREADY COLLECTED OR MAINTAINED SHALL BE
 SPECIFIED AT LEAST THREE MONTHS PRIOR TO THE ANTICIPATED COMMENCEMENT OF
 SUCH COLLECTION OR MAINTENANCE.
   § 4. Subdivision 3 of section 4-136 of the election law, as amended by
 chapter 155 of the laws of 2010, is amended to read as follows:
   3. In the  city  of  New  York  all  leased  or  purchased  equipment,
 supplies,  ballots,  printing and publications, except newspaper notices
 and advertisements, to be used  or  furnished  by  such  board,  may  be
 procured  for  it by the purchasing department or agency of such city as
 if such board were an agency of such city. Such board shall comply  with
 the  rules and regulations of the New York city procurement policy board
 and applicable state law FOR ALL PURCHASE CONTRACTS, INCLUDING  BUT  NOT
 LIMITED TO PURCHASE OF GOODS, SERVICES OR TECHNOLOGY.
   § 5. Notwithstanding any inconsistent provision of this act, until the
 first  co-executive  director  of  the  applicable political party takes
 office in accordance with section 3-300 of the election law, as  amended
 by section three of this act, the executive director or deputy executive
 director  of the board of elections of the city of New York appointed by
 such board and representative of such party shall perform the  functions
 assigned  to the applicable co-executive director by such section of the
 election law, as amended by this act, or any other law.  Further,  while
 remaining in office, such executive director and deputy executive direc-
 tor shall be subject to removal and replacement by action of such board,
 consistent  with  the provisions of section 3-300 of the election law as
 such section was in existence prior to its amendment by this act.  If  a
 co-executive  director has not been appointed by May 1, 2022, the status
 of the executive director or deputy executive director appointed by such
 board and representative of the applicable political party shall  termi-
 nate,  and  the new position of co-executive director shall be deemed in
 existence and vacant for all purposes after such date.
   § 6. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

Co-Sponsors

S6226B - Details

See Assembly Version of this Bill:: A5691
Law Section:: Election Law
Laws Affected:: Amd §§3-200, 3-212, 3-300 & 4-136, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6877
2019-2020: S2726, A11169
2023-2024: S619, A662

S6226B - Summary

Relates to the exercise of powers and duties of the board of elections of the city of New York and its executive management.

S6226B - Sponsor Memo

 
BILL NUMBER: S6226B

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the election law, in relation to the exercise of powers
and duties of the board of elections of the city of New York and its
executive management

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill creates an unconsolidated law to sunset the term
of each member of the current Board of Elections in the city of New York
six months after the enactment of the bill.

Section two of the bill amends section 3-200 of the Election Law to
reduce the number of commissioners at the New York City Board of
Elections from ten commissioners to two commissioners. This section
would require the State Board of Elections to prescribe certain quali-
fications that shall apply to the commissioners of election of the board
of elections for the city of New York. These qualifications would ensure
that commissioners have the skills and knowledge to exercise the respon-
sibilities and duties of their position.  Commissioners at the board of

elections of the city of New York would be required to complete train-
ings conducted by the state board within 60 days after they commence
their duties.

Section three of the bill amends section 3-204 of the Election Law to
develop a new framework for the nomination and appointment of commis-
sioners of election in the city of New York. Each county committee
shall, within 60 days of a vacancy, file a certificate of party recom-
mendation for one individual to be nominated to the position of election
commissioner. The city council would then hold a public hearing on the
nominees and confirm two individuals from separate counties, with one
commissioner representing each of the two parties that received the
most, and second most votes, in the most recent gubernatorial election.

Section four of the bill amends section 3-212 of the Election Law to
require additional budgetary responsibility at the board of elections.
The director of the management and budget would be required to notify
the co-executive directors, the mayor, the speaker of the city council,
and the public advocate if it is expected that the city board of
elections would exceed its appropriation. The co-executive directors of
such board would be responsible for responding to such director a
projection of the amount that they will exceed their appropriation, and
relevant information justifying such excess expenditures.

Section five of the bill adds new subdivisions to section 3-300 of the
election law delineating the powers and duties of the co-executive
directors of the city board of elections, and the board of elections of
the city of New York (The board). The board will be responsible for
promulgating regulations, issuing orders and making decisions regarding
general policies affecting the administration of elections of the city
of New York. The bill expressly reserves certain powers and functions
for the board, including but not limited to the designation of election
districts and poll sites, approving procurement contracts valued at
greater than one million dollars, choosing voting machines and systems,
canvassing election results, making determinations regarding the nomi-

nation and designation of candidates, and, the form and content of
ballots and challenges to voter registration.

The co-executive directors, which must be of separate political party
affiliation, would now be appointed by a majority vote of the mayor of
the city of New York, the speaker of the city council and the public
advocate, with the provision that the Mayor must be part of the majori-
ty. The co-executive directors would be chosen for appointment from a
list developed by the commissioners of election representing each poli-
tical party. The co-executive directors would have the same powers and
duties delegated to local boards of elections under the Election Law,
including but not limited to the appointment, salaries and removal of
all staff, such as poll workers, inspectors and voter machine techni-
cians and all matters relating to voter registration and enrollment,
cancellation of voter registration, policies providing for appropriate
ongoing training of employees, policies establishing employee evalu-
ations, change of voter status and registration records, except where
such powers are expressly reserved for the board. The co-executive
directors must exercise their powers in a manner not inconsistent with
the policies established by the Board.

Section six amends section 4-136 of the election law to include the
purchase of goods, services, and technology to the list of items for
which the city board of elections can procure from the city. The board
shall comply with the rules and regulations of the city procurement
policy board and applicable state law.

Section seven provides for the current commissioners to continue to
perform the functions of the board of elections until the expiration of
their term.

Section eight allows the current executive director and deputy executive
director to assume the roles of co-executive directors until the commis-
sioners complete the required process for appointing co-executive direc-
tors.

Section nine is the effective date of the bill.

 
JUSTIFICATION:

In response to several shortcomings of various Board of Elections across
New York, it became incumbent on the lawmakers to hold several hearings,
roundtables, and listening sessions to learn from academic experts,
voters, and employees about what needed to be done to ensure that our
board of elections worked for the voters in this State. One of the
recurring themes was the need to reform the New York City Board of
Elections to make the New York City Board of Elections more efficient
and accountable to the people of New York City.

This bill provides for clear delineation of the various responsibilities
of the commissioners of the board of elections, and provides for clear
powers, responsibilities, and duties for the co-executive directors. The
bill reduces the number of elections commissioners and ensures that
there is transparency in their appointment and encourages professional-
ism over nepotism. This language, coupled with a methodology where the
co-executive directors can be held accountable through processes
designed to remove and appoint co-executive directors ensure that voters
know who is responsible for ensuring that voters in New York City can
exercise their right to vote. Most importantly, the bill creates various
training and continuing education requirements for commissioners, co-ex-
ecutive directors, and staff so that all employees and managers have the
skills needed to administer elections in the City efficiently, accurate-
ly, and that the voting rights of New Yorkers are protected.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S.2726 Elections/ A.11169 (Rozic) Elections

2017-2018: S.6877 Elections

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:  This act shall take effect sixty days after it shall
become a law.

S6226B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6226--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2021
                                ___________
 
 Introduced  by  Sens. KRUEGER, HOYLMAN, RIVERA -- 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  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the election law, in relation to the exercise of  powers
   and  duties  of the board of elections of the city of New York and its
   executive management
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Notwithstanding any inconsistent provision of law to the
 contrary, on the effective date of this section the term of each commis-
 sioner of the New York City Board of Elections, or any vacant  position,
 shall  be  deemed expired, and each such commissioner or vacant position
 shall be replaced with new appointments made pursuant to this section.
   In the city of New York, the county committee of each major  political
 party shall, within sixty days after the effective date of this section,
 file  a  certificate  of party recommendation with the clerk of the city
 council of the city of New York recommending two individuals for consid-
 eration to serve as a commissioner of elections. The city council  shall
 immediately,  or  as  soon  as  practicable but no more than thirty days
 thereafter, hold a public hearing on such recommendations, and  provided
 further,  no  more  than thirty days thereafter confirm four individuals
 for such positions, who shall  succeed  those  individuals  whose  terms
 shall have expired pursuant to this section.
   §  2.  The  section  heading and subdivision 3 of section 3-200 of the
 election law, the section heading as amended by chapter 373 of the  laws
 of  1978,  are  amended  and  a  new  subdivision  8 is added to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04954-16-1
 S. 6226--B                          2

 
   Boards  of  elections;  creation,  qualifications  of   commissioners,
 removal; ADDITIONAL QUALIFICATIONS AND TRAINING IN THE CITY OF NEW YORK.
   3.  In  the  city  of  New  York  the board shall consist of [ten] TWO
 commissioners of election who [shall be registered voters in the  county
 for  which  they  are appointed and they] shall be appointed by the city
 council of the city of New York. Not more than two  commissioners  shall
 be  registered  voters of the same county.  NO LATER THAN DECEMBER THIR-
 TY-FIRST, TWO THOUSAND TWENTY-TWO, THE STATE BOARD  OF  ELECTIONS  SHALL
 PRESCRIBE  QUALIFICATIONS FOR THE COMMISSIONERS OF ELECTION OF THE BOARD
 OF ELECTIONS OF THE CITY OF NEW YORK.  SUCH QUALIFICATIONS  SHALL  APPLY
 TO  APPOINTMENTS  MADE  BEGINNING THIRTY DAYS AFTER PROMULGATION OF SUCH
 QUALIFICATIONS AND SHALL THEREAFTER BE REVIEWED BY SUCH BOARD  AT  LEAST
 EVERY  TWO YEARS AND UPDATED AS NECESSARY.  SUCH QUALIFICATIONS SHALL BE
 PRESCRIBED ONLY AFTER CONSIDERATION OF THE SKILLS AND  KNOWLEDGE  NECES-
 SARY  OR  USEFUL  FOR THE EXERCISE OF THE DUTIES AND RESPONSIBILITIES OF
 SUCH COMMISSIONERS, AS WELL AS  THE  ABILITY  TO  RECRUIT  A  SUFFICIENT
 NUMBER OF CANDIDATES TO BE COMMISSIONERS.
   8. IN THE CITY OF NEW YORK THE COMMISSIONERS OF ELECTION SHALL PARTIC-
 IPATE  IN  TRAINING  CONDUCTED BY THE STATE BOARD OF ELECTIONS REGARDING
 THEIR DUTIES AND RESPONSIBILITIES AS COMMISSIONERS OF ELECTION,  INCLUD-
 ING  TRAINING  REGARDING ELECTION DAY OPERATIONS, TO BE COMPLETED WITHIN
 SIXTY DAYS AFTER A COMMISSIONER COMMENCES PERFORMANCE OF THE  DUTIES  OF
 THE OFFICE. COMMISSIONERS OF ELECTION SHALL PARTICIPATE IN SUCH CONTINU-
 ING  TRAINING  CONDUCTED  BY  THE  STATE  BOARD  OF  ELECTIONS AS MAY BE
 REQUIRED BY SUCH BOARD TO REMAIN INFORMED OF BEST PRACTICES,  REGULATORY
 AND STATUTORY CHANGES RELATING TO THEIR DUTIES AND RESPONSIBILITIES, AND
 ANY  OTHER  CONTINUING TRAINING AS IS NECESSARY TO FULFILL THE DUTIES OF
 THE COMMISSIONERS OF ELECTION.
   § 3. Subdivisions 2 and 4 of section 3-204 of the election law, subdi-
 vision 2 as amended by chapter 453 of the laws of 1997, and  subdivision
 4  as amended by chapter 116 of the laws of 2010, are amended to read as
 follows:
   2. (A) Party recommendations for election commissioner shall  be  made
 by  the  county committee or by such other committee as the rules of the
 party may provide, by a majority of the votes cast at a meeting  of  the
 members of such committee at which a quorum is present. If at any time a
 vacancy  occurs in the office of any election commissioner other than by
 expiration of term of office, party recommendations to fill such vacancy
 shall be made by the county committee or by such other committee as  the
 rules  of  the  party  may provide, by a majority of the votes cast at a
 meeting of the members of such committee at which a quorum is present.
   (B) PARTY RECOMMENDATIONS FOR ELECTION COMMISSIONER IN THE CITY OF NEW
 YORK OR TO FILL A VACANCY IN SUCH OFFICE SHALL BE  MADE  BY  THE  COUNTY
 COMMITTEE  OR  BY  SUCH  OTHER  COMMITTEE  AS THE RULES OF THE PARTY MAY
 PROVIDE, BY A MAJORITY OF THE VOTES CAST AT A MEETING OF THE MEMBERS  OF
 SUCH  COMMITTEE  AT WHICH A QUORUM IS PRESENT.  EACH PARTY SHALL, WITHIN
 SIXTY DAYS, FILE A CERTIFICATE OF PARTY RECOMMENDATION WITH THE CLERK OF
 THE CITY COUNCIL OF THE CITY OF NEW YORK RECOMMENDING ONE INDIVIDUAL FOR
 CONSIDERATION TO SERVE AS A COMMISSIONER OF ELECTIONS. THE CITY  COUNCIL
 SHALL  IMMEDIATELY,  OR  AS  SOON AS PRACTICABLE BUT NO MORE THAN THIRTY
 DAYS THEREAFTER, HOLD A  PUBLIC  HEARING  ON  SUCH  RECOMMENDATIONS  AND
 PROVIDED  FURTHER,  NO MORE THAN THIRTY DAYS THEREAFTER CONFIRM AN INDI-
 VIDUAL FOR SUCH POSITION.
   4. Commissioners of election shall be appointed by the county legisla-
 tive body, or in the city of New York, by the city council  FOLLOWING  A
 PUBLIC  HEARING.    Provided,  however, that if a legislative body shall
 S. 6226--B                          3
 
 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 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 upon the expiration of thirty days from
 the date that the certificate was filed. If none of the persons named in
 any of the certificates filed by a party are so appointed  within  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.
   § 4. The section heading of section  3-212  of  the  election  law  is
 amended and a new subdivision 6 is added to read as follows:
   Boards  of  elections; organization, proceedings, reports and records;
 BUDGET REPORTING IN THE CITY OF NEW YORK.
   6. IF, AT ANY TIME DURING THE CITY FISCAL YEAR  OF  THE  CITY  OF  NEW
 YORK, THE DIRECTOR OF MANAGEMENT AND BUDGET OF SUCH CITY DETERMINES THAT
 THE  EXPENDITURES  OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK ARE
 REASONABLY LIKELY TO EXCEED APPROPRIATIONS TO SUCH BOARD  FOR  PERSONNEL
 SERVICES  OR  OTHER  THAN PERSONNEL SERVICES FOR A QUARTER OF THE FISCAL
 YEAR, BASED UPON A REASONABLE ALLOTMENT BY SUCH DIRECTOR OF SUCH  APPRO-
 PRIATIONS  TO SUCH QUARTER, OR FOR THE ENTIRE FISCAL YEAR, SUCH DIRECTOR
 SHALL PROVIDE WRITTEN NOTICE OF SUCH DETERMINATION TO  THE  CO-EXECUTIVE
 DIRECTORS OF SUCH BOARD, THE MAYOR OF SUCH CITY, THE SPEAKER OF THE CITY
 COUNCIL  OF  SUCH  CITY,  AND THE PUBLIC ADVOCATE OF SUCH CITY, TOGETHER
 WITH ANY RELEVANT REQUESTS FOR ADDITIONAL DATA OR INFORMATION  THAT  THE
 DIRECTOR  DETERMINES  TO  BE  MATERIAL TO SUCH BOARD'S LEVEL OF EXPENDI-
 TURES.   WITHIN TWENTY DAYS OF RECEIVING SUCH NOTICE, SUCH  CO-EXECUTIVE
 DIRECTORS  SHALL  SUBMIT  TO  SUCH  DIRECTOR, MAYOR, PUBLIC ADVOCATE AND
 SPEAKER A PROJECTION OF WHETHER AND BY WHAT AMOUNT IT  WILL  EXCEED  ITS
 APPROPRIATIONS  FOR PERSONNEL SERVICES AND OTHER THAN PERSONNEL SERVICES
 FOR EACH QUARTER AND THE ENTIRE FISCAL YEAR, TOGETHER  WITH  A  DETAILED
 EXPLANATION  OF  THE NEEDS JUSTIFYING ANY SUCH PROJECTED EXCESS EXPENDI-
 TURES.  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED  TO  PREVENT  THE
 DIRECTOR  FROM  REQUIRING  THE  FURNISHING  OF DATA AND INFORMATION, AND
 ANSWERS TO PERTINENT INQUIRIES, AT ANY TIME IN ACCORDANCE  WITH  SECTION
 TWO HUNDRED TWENTY-FIVE OF THE NEW YORK CITY CHARTER.
   § 5. Section 3-300 of the election law is amended to read as follows:
   §  3-300.  Board employees; appointment. [Every] 1. EXCEPT AS PROVIDED
 IN SUBDIVISION TWO OF THIS  SECTION,  EVERY  board  of  elections  shall
 appoint, and at its pleasure remove, clerks, voting machine technicians,
 custodians  and  other  employees,  fix  their  number,  prescribe their
 duties, fix their titles and rank and establish  their  salaries  within
 the  amounts  appropriated  therefor  by  the local legislative body and
 shall secure in the appointment of employees of the board  of  elections
 equal representation of the major political parties.  Every commissioner
 in  each  board  of  elections  except for commissioners of the board of
 elections of the city of New York, may approve and at pleasure remove  a
 deputy, establish his OR HER title and prescribe his OR HER duties. [In]
   2. (A) NOTWITHSTANDING ANY PROVISION OF GENERAL, SPECIAL OR LOCAL LAW,
 IN the city of New York, [the board of elections shall appoint an execu-
 S. 6226--B                          4

 tive director and a deputy executive director whose duties it] CO-EXECU-
 TIVE DIRECTORS WHO SHALL EACH BE OF SEPARATE MAJOR POLITICAL PARTIES AND
 SHALL  BE  APPOINTED, AND MAY BE REMOVED, IN A MANNER SET FORTH IN PARA-
 GRAPH  (B)  OF  THIS SUBDIVISION. THE DUTY OF THE CO-EXECUTIVE DIRECTORS
 shall be to supervise the operations of the board  of  elections  [under
 the  supervision of such board] IN ACCORDANCE WITH THIS SUBDIVISION. THE
 BOARD OF ELECTIONS OF THE CITY OF NEW YORK SHALL ADVISE THE CO-EXECUTIVE
 DIRECTORS ON MATTERS OF POLICY AFFECTING THE ADMINISTRATION OF ELECTIONS
 IN THE CITY OF NEW YORK. EXCEPT AS EXPRESSLY PROVIDED IN  THIS  SUBDIVI-
 SION, SUCH BOARD SHALL EXERCISE NO EXECUTIVE POWER AND PERFORM NO EXECU-
 TIVE  OR  ADMINISTRATIVE FUNCTIONS. EXCEPT AS EXPRESSLY PROVIDED IN THIS
 SUBDIVISION, SUCH BOARD SHALL MAKE NO INDIVIDUALIZED DECISIONS  CONCERN-
 ING  THE  EMPLOYMENT OF ANY SPECIFIC PERSON OR THE REGISTRATION, PRE-RE-
 GISTRATION, ENROLLMENT OR QUALIFICATIONS OF ANY SPECIFIC VOTER OR APPLI-
 CANT. NOTHING IN THIS SUBDIVISION  SHALL  BE  CONSTRUED  TO  REQUIRE  OR
 AUTHORIZE  THE  DAY-TO-DAY  SUPERVISION OF THE CO-EXECUTIVE DIRECTORS BY
 THE BOARD. THE BOARD MAY DELEGATE POWERS AND DUTIES CONFERRED  UPON  THE
 BOARD  TO  THE  CO-EXECUTIVE  DIRECTORS, TO BE EXERCISED CONSISTENT WITH
 PARAGRAPH (D) OF THIS SUBDIVISION.    ONE  CO-EXECUTIVE  DIRECTOR  SHALL
 FIRST  BE APPOINTED FOR A TERM OF TWO YEARS AND THE OTHER SHALL FIRST BE
 APPOINTED TO A TERM OF FOUR YEARS, WITH BOTH TERMS COMMENCING  ON  MARCH
 FIRST,  TWO THOUSAND TWENTY-THREE.  THEREAFTER, EACH CO-EXECUTIVE DIREC-
 TOR SHALL BE APPOINTED FOR A TERM OF FOUR YEARS IN THE MANNER  DESCRIBED
 IN  PARAGRAPH  (B)  OF  THIS  SUBDIVISION.   IN THE CASE OF A VACANCY, A
 CO-EXECUTIVE DIRECTOR SHALL BE APPOINTED TO SERVE THE REMAINDER  OF  THE
 UNEXPIRED  TERM  ACCORDING  TO THE ORIGINAL MANNER OF APPOINTMENT OF THE
 PREVIOUS CO-EXECUTIVE DIRECTOR.
   (B)(1)   FOR PURPOSES OF THIS PARAGRAPH  AND  PARAGRAPH  (E)  OF  THIS
 SUBDIVISION,  THE  TERM "APPOINTING AUTHORITIES" SHALL MEAN THE MAYOR OF
 THE CITY OF NEW YORK, THE SPEAKER OF THE CITY COUNCIL OF SUCH CITY,  AND
 THE  PUBLIC ADVOCATE OF SUCH CITY, WHO SHALL ACT PURSUANT TO THIS SUBDI-
 VISION BY CONCURRING ACTION OF AT LEAST TWO OF SUCH OFFICIALS,  PROVIDED
 THAT THE MAYOR SHALL BE ONE OF THE CONCURRING OFFICIALS.
   (2)  NO  EARLIER  THAN  THE FIRST DAY OF JANUARY AND NO LATER THAN THE
 FIRST DAY OF FEBRUARY IN TWO THOUSAND TWENTY-THREE AND IN EVERY CALENDAR
 YEAR THEREAFTER DURING WHICH THE FOUR-YEAR TERM OF A CO-EXECUTIVE DIREC-
 TOR IS TO EXPIRE, THE COMMISSIONERS OF ELECTION FOR EACH POLITICAL PARTY
 SHALL FILE ONE OR MORE CERTIFICATES OF  PARTY  RECOMMENDATION  WITH  THE
 APPOINTING AUTHORITIES, AS DESCRIBED IN THIS PARAGRAPH.
   (3)  PARTY  RECOMMENDATIONS FOR CO-EXECUTIVE DIRECTOR SHALL BE MADE BY
 THE COMMISSIONERS OF ELECTION FOR EACH POLITICAL PARTY. SUCH COMMISSION-
 ERS SHALL ACT JOINTLY BY MAJORITY VOTE TO RECOMMEND NO FEWER THAN  THREE
 CANDIDATES FOR EACH POSITION OF CO-EXECUTIVE DIRECTOR.  IF AT ANY TIME A
 VACANCY  OCCURS  IN  THE  OFFICE  OF CO-EXECUTIVE DIRECTOR OTHER THAN BY
 EXPIRATION OF TERM OF OFFICE, OR IF A REQUEST FOR ADDITIONAL  CANDIDATES
 IS  MADE  BY  THE APPOINTING AUTHORITIES PURSUANT TO SUBPARAGRAPH SIX OF
 THIS PARAGRAPH, PARTY RECOMMENDATIONS TO FILL SUCH VACANCY SHALL BE MADE
 WITHIN THIRTY DAYS. IF FEWER THAN THREE CANDIDATES ARE RECOMMENDED IN  A
 TIMELY  MANNER BY THE COMMISSIONERS OF ELECTION FOR THE APPLICABLE POLI-
 TICAL PARTY ACTING JOINTLY BY MAJORITY VOTE, THEN  THE  MEMBERS  OF  THE
 CITY  COUNCIL  WHO ARE MEMBERS OF THE APPLICABLE POLITICAL PARTY MAY, BY
 MAJORITY VOTE OF SUCH MEMBERS, FILE CERTIFICATES OF PARTY RECOMMENDATION
 WITH THE APPOINTING AUTHORITIES WITHIN FIFTEEN DAYS AFTER THE EXPIRATION
 OF THE TIME FOR FILING BY  THE  COMMISSIONERS  OF  ELECTION,  SO  AS  TO
 INCREASE THE TOTAL NUMBER OF CANDIDATES TO THREE.
 S. 6226--B                          5
 
   (4) CANDIDATES RECOMMENDED UNDER THIS PARAGRAPH MUST SATISFY ALL QUAL-
 IFICATIONS  REQUIRED  FOR LOCAL OFFICERS PURSUANT TO THE PUBLIC OFFICERS
 LAW.  FURTHER, NO LATER THAN DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWEN-
 TY-TWO,  THE  STATE BOARD OF ELECTIONS SHALL PRESCRIBE ADDITIONAL QUALI-
 FICATIONS FOR THE CO-EXECUTIVE DIRECTORS, WHICH SHALL APPLY TO RECOMMEN-
 DATIONS  AND  APPOINTMENTS  MADE  THEREAFTER.  SUCH QUALIFICATIONS SHALL
 THEREAFTER BE REVIEWED BY SUCH  BOARD  AT  LEAST  EVERY  TWO  YEARS  AND
 UPDATED  AS  NECESSARY, AND SHALL BE PRESCRIBED ONLY AFTER CONSIDERATION
 OF THE SKILLS AND KNOWLEDGE NECESSARY OR USEFUL FOR THE EXERCISE OF  THE
 DUTIES  AND  RESPONSIBILITIES  OF THE CO-EXECUTIVE DIRECTORS, AS WELL AS
 THE ABILITY TO RECRUIT A SUFFICIENT NUMBER OF CANDIDATES TO BE CO-EXECU-
 TIVE DIRECTORS.
   (5) THE CERTIFICATES FILED SHALL BE IN  SUCH  FORM  AND  CONTAIN  SUCH
 INFORMATION AS SHALL BE PRESCRIBED BY THE STATE BOARD OF ELECTIONS.
   (6)  THE  CO-EXECUTIVE  DIRECTORS  SHALL  BE  APPOINTED JOINTLY BY THE
 APPOINTING AUTHORITIES IN ACCORDANCE WITH THIS SUBDIVISION,  FROM  AMONG
 THE  CANDIDATES RECOMMENDED PURSUANT TO SUBPARAGRAPH THREE OF THIS PARA-
 GRAPH; PROVIDED, HOWEVER, THAT WITHIN THIRTY DAYS AFTER RECEIPT  OF  ONE
 OR  MORE CERTIFICATES OF RECOMMENDATION THAT INCLUDE IN THE AGGREGATE AT
 LEAST THREE CANDIDATES,  THE  APPOINTING  AUTHORITIES  MAY  REQUEST  THE
 SUBMISSION  OF  NOT  LESS THAN TWO ADDITIONAL CANDIDATES, IN WHICH EVENT
 THE PROCESS SET FORTH IN SUBPARAGRAPH TWO OF  THIS  PARAGRAPH  SHALL  BE
 REPEATED.  IF  THE  APPOINTING  AUTHORITIES  FAIL TO JOINTLY APPOINT ANY
 PERSON RECOMMENDED FOR APPOINTMENT AS CO-EXECUTIVE DIRECTOR PURSUANT  TO
 THIS  PARAGRAPH,  WITHIN  FORTY-FIVE  DAYS  AFTER RECEIPT OF ONE OR MORE
 CERTIFICATES OF RECOMMENDATION THAT INCLUDE AT LEAST  THREE  CANDIDATES,
 OR  WITHIN  THIRTY  DAYS  AFTER RECEIPT OF ONE OR MORE CERTIFICATES THAT
 INCLUDE AT LEAST TWO ADDITIONAL CANDIDATES, THEN  THE  COMMISSIONERS  OF
 ELECTION WHO ARE MEMBERS OF THE POLITICAL PARTY WHICH FILED SUCH CERTIF-
 ICATE  MAY  APPOINT ONE OF THE RECOMMENDED CANDIDATES BY A MAJORITY VOTE
 OF SUCH COMMISSIONERS.   IF A SUFFICIENT NUMBER  OF  CANDIDATES,  OR  OF
 ADDITIONAL CANDIDATES, ARE NOT RECOMMENDED TO THE APPOINTING AUTHORITIES
 BY  EITHER  THE  APPLICABLE  COMMISSIONERS OF ELECTION OR THE APPLICABLE
 MEMBERS OF THE CITY COUNCIL WITHIN THE TIMES PRESCRIBED  BY  THIS  PARA-
 GRAPH,  THEN  ANY HOLDOVER STATUS OF THE INCUMBENT CO-EXECUTIVE DIRECTOR
 SHALL TERMINATE AND THE PROCESS REQUIRED BY THIS PARAGRAPH SHALL  RECOM-
 MENCE,  UNLESS  THE  APPOINTING  AUTHORITIES  JOINTLY APPOINT ONE OF THE
 RECOMMENDED CANDIDATES WITHIN FIFTEEN DAYS AFTER THE EXPIRATION OF  SUCH
 PRESCRIBED TIMES.
   (7)   NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS PARAGRAPH, NO
 EARLIER THAN THE FIRST DAY OF JANUARY AND NO LATER THAN THE THIRTY-FIRST
 DAY OF JANUARY IN THE LAST YEAR OF THE TERM OF A CO-EXECUTIVE  DIRECTOR,
 THE  APPOINTING AUTHORITIES AND COMMISSIONERS OF ELECTION FOR THE APPLI-
 CABLE POLITICAL PARTY, ACTING BY A MAJORITY VOTE OF SUCH  COMMISSIONERS,
 MAY  AGREE  TO  JOINTLY  ISSUE A CERTIFICATE OF PARTY RECOMMENDATION AND
 APPOINTMENT TO REAPPOINT SUCH CO-EXECUTIVE DIRECTOR TO ANOTHER  TERM  OF
 OFFICE.  IN SUCH EVENT, THE PROCESS OTHERWISE SPECIFIED IN SUBPARAGRAPHS
 TWO, THREE AND SIX OF THIS PARAGRAPH SHALL NOT APPLY.
   (8)  A  CO-EXECUTIVE  DIRECTOR MAY BE REMOVED FROM OFFICE FOR CAUSE BY
 THE APPOINTING AUTHORITIES.  IN ADDITION, A CO-EXECUTIVE DIRECTOR MAY BE
 REMOVED WITHOUT CAUSE BY THE APPOINTING AUTHORITIES ACTING JOINTLY  WITH
 THE COMMISSIONERS OF ELECTION FOR THE APPLICABLE POLITICAL PARTY, ACTING
 BY  A  MAJORITY  VOTE OF SUCH COMMISSIONERS.    ANY VACANCY SO RESULTING
 SHALL BE FILLED IN THE MANNER PRESCRIBED BY THIS  PARAGRAPH FOR  FILLING
 VACANCIES.
 S. 6226--B                          6
 
   (9)  THE  CO-EXECUTIVE  DIRECTORS  SHALL  BE  SUBJECT  TO THE TRAINING
 REQUIREMENTS SET FORTH IN SUBDIVISION EIGHT OF  SECTION  3-200  OF  THIS
 ARTICLE,   UNLESS  THE  STATE  BOARD  OF  ELECTIONS  IN  ITS  DISCRETION
 PRESCRIBES ALTERNATIVE  OR  ADDITIONAL  TRAINING  FOR  THE  CO-EXECUTIVE
 DIRECTORS SPECIFIC TO THEIR DUTIES AND RESPONSIBILITIES.
   (C)  THE  BOARD  SHALL  HAVE  THE POWER AND DUTY TO TAKE THE FOLLOWING
 ACTIONS TO THE EXTENT OTHERWISE CONSISTENT WITH THE JURISDICTION OF  THE
 BOARD PURSUANT TO THIS CHAPTER:
   (1)  MAKE  DETERMINATIONS  REGARDING THE NOMINATION AND DESIGNATION OF
 CANDIDATES FOR PUBLIC OFFICE AND PARTY POSITIONS PURSUANT TO ARTICLE SIX
 OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (2) MAKE DETERMINATIONS REGARDING THE FORM  AND  CONTENT  OF  BALLOTS,
 INCLUDING  BUT  NOT LIMITED TO THE DETERMINATION OF CANDIDATES AND QUES-
 TIONS TO APPEAR ON THE BALLOT PURSUANT TO SECTION 4-114 OF THIS  CHAPTER
 AND  THE CERTIFICATION OF BALLOTS PURSUANT TO TITLE ONE OF ARTICLE SEVEN
 OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (3) ADOPT RESOLUTIONS  ELIMINATING  MEETINGS  FOR  LOCAL  REGISTRATION
 PURSUANT TO SUBDIVISION SIX OF SECTION 5-202 OF THIS CHAPTER;
   (4)  MAKE  DETERMINATIONS  CONCERNING CHALLENGES TO VOTER REGISTRATION
 AND APPLICATIONS OF VOTERS UNLAWFULLY  DENIED  THE  RIGHT  TO  REGISTER,
 PURSUANT TO TITLE TWO OF ARTICLE FIVE OF THIS CHAPTER;
   (5)  MAKE  DETERMINATIONS  CONCERNING  THE  ADOPTION AND USE OF VOTING
 MACHINES OR SYSTEMS PURSUANT TO SECTION 7-200 OF THIS CHAPTER;
   (6) CANVASS ELECTION RESULTS AND PERFORM ALL FUNCTIONS OF THE BOARD OF
 CANVASSERS IN THE CITY OF NEW YORK, INCLUDING BUT  NOT  LIMITED  TO  THE
 CERTIFICATION OF ELECTION RESULTS, PURSUANT TO ARTICLE NINE OR ANY OTHER
 RELEVANT PROVISION OF THIS CHAPTER;
   (7) TAKE ANY ACTION AUTHORIZED BY SECTION 3-218 OF THIS ARTICLE;
   (8) APPROVE ANY CONTRACT WHERE:
   (I)  SUCH  CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER THAN COMPET-
 ITIVE SEALED BIDDING WHERE  THE  CONTRACT  WAS  AWARDED  TO  THE  LOWEST
 RESPONSIBLE BIDDER;
   (II)  SUCH  CONTRACT  PROVIDES  FOR  TECHNICAL, CONSULTANT OR PERSONAL
 SERVICES;
   (III) THE VALUE OF THE CONTRACT EXCEEDS OR PROJECTS AN ANNUAL EXPENDI-
 TURE EXCEEDING ONE MILLION DOLLARS FOR THE  FISCAL  YEAR  OR  WHERE  THE
 VALUE OF ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS OR IS PROJECT-
 ED TO EXCEED ONE MILLION DOLLARS FOR THE FISCAL YEAR; AND
   (9)  PROMULGATE REGULATIONS, ISSUE ORDERS AND MAKE DECISIONS REGARDING
 GENERAL POLICIES AFFECTING THE ADMINISTRATION OF ELECTIONS OF  THE  CITY
 OF NEW YORK.
   (D)  THE  CO-EXECUTIVE DIRECTORS SHALL COLLECTIVELY SERVE AS THE CHIEF
 EXECUTIVE FOR THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK  AND  SHALL
 COLLECTIVELY EXERCISE ALL THEIR POWERS AND DUTIES IN A MANNER NOT INCON-
 SISTENT  WITH  THE POLICIES OF THE BOARD. THE CO-EXECUTIVE DIRECTORS MAY
 COLLECTIVELY DELEGATE POWERS AND DUTIES TO THE OTHER,  AND  MAY  COLLEC-
 TIVELY  DELEGATE  POWERS  AND  DUTIES TO EMPLOYEES IN FURTHERANCE OF THE
 PURPOSES OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO  THE  ABILITY  TO
 EXERCISE  THE  POWERS AND DUTIES OF A CO-EXECUTIVE DIRECTOR IN THE EVENT
 OF A VACANCY.  SUCH POWERS AND DUTIES SHALL INCLUDE BUT NOT  BE  LIMITED
 TO:
   (1) APPOINTING, AND AT THEIR PLEASURE REMOVING, CLERKS, VOTING MACHINE
 TECHNICIANS,  CUSTODIANS  AND  OTHER  EMPLOYEES,  FIXING  THEIR  NUMBER,
 PRESCRIBING THEIR DUTIES, FIXING THEIR TITLES AND RANK AND  ESTABLISHING
 THEIR  SALARIES  WITHIN THE AMOUNTS APPROPRIATED THEREFOR IN THE EXPENSE
 BUDGET OF THE CITY OF NEW YORK, PROVIDED THAT  THIS  SUBPARAGRAPH  SHALL
 S. 6226--B                          7
 
 NOT AFFECT THE FIXING OF A DAILY RATE OF COMPENSATION PURSUANT TO SUBDI-
 VISION  ONE  OF SECTION 3-420 OF THIS ARTICLE.  THEY SHALL SECURE IN THE
 APPOINTMENT OF EMPLOYEES EQUAL REPRESENTATION  OF  THE  MAJOR  POLITICAL
 PARTIES.    IN  EXERCISING  THE  POWERS CONFERRED BY THIS PARAGRAPH WITH
 RESPECT TO THE APPOINTMENT  OF  EMPLOYEES,  THE  CO-EXECUTIVE  DIRECTORS
 SHALL,  IN  CONSULTATION  WITH  THE NEW YORK CITY DEPARTMENT OF CITYWIDE
 ADMINISTRATIVE SERVICES ESTABLISH WRITTEN  POLICIES  AND  PROCEDURES  ON
 PERSONNEL,  INCLUDING  EXECUTIVE STAFF, OTHER THAN THOSE PAID AT A DAILY
 RATE PURSUANT TO SUBDIVISION ONE OF SECTION 3-420 OF THIS ARTICLE, WITH-
 IN NINETY DAYS OF THE EFFECTIVE DATE OF THIS  PARAGRAPH.  SUCH  POLICIES
 AND PROCEDURES SHALL INCLUDE:
   (I) SPECIFICATIONS SETTING FORTH THE QUALIFICATIONS FOR AND THE NATURE
 AND  SCOPE  OF  THE DUTIES AND RESPONSIBILITIES OF EACH TITLE, INCLUDING
 EXECUTIVE STAFF, WITH APPOINTMENTS TO BE MADE CONSISTENT WITH SUCH SPEC-
 IFICATIONS, PROVIDED THAT APPOINTMENTS SHALL SECURE EQUAL REPRESENTATION
 OF THE MAJOR POLITICAL PARTIES. SUCH SPECIFICATIONS SHALL IN ADDITION TO
 SECURING SUCH REPRESENTATION, GIVE DUE  WEIGHT  TO  SENIORITY,  PREVIOUS
 TRAININGS  AND  EXPERIENCE,  EDUCATION AND PROFESSIONAL CREDENTIALS, AND
 PERFORMANCE  RATINGS  WHERE  AVAILABLE.  THIS  PARAGRAPH  SHALL  NOT  BE
 CONSTRUED  TO  REQUIRE  THE PREPARATION OF ADMINISTRATION OF COMPETITIVE
 EXAMINATION OF ELIGIBLE LIST FOR ANY TITLE, NOR SHALL IT BE CONSTRUED TO
 REQUIRE THE TERMINATION OF ANY  INDIVIDUAL  EMPLOYED  BY  THE  BOARD  OF
 ELECTIONS  OF  THE  CITY  OF NEW YORK PRIOR TO THE ESTABLISHMENT OF SUCH
 SPECIFICATIONS;
   (II) POLICIES PROTECTING EMPLOYEES  FROM  RETALIATION  FOR  DISCLOSING
 INFORMATION  CONCERNING  ACTS  OF WRONGDOING, MISCONDUCT, MALFEASANCE OF
 OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER;
   (III) POLICIES PROVIDING FOR APPROPRIATE ONGOING TRAINING  OF  EMPLOY-
 EES,  INCLUDING THOSE INDIVIDUALS EMPLOYED PRIOR TO THE ESTABLISHMENT OF
 SUCH POLICIES, WITH THE PURPOSE OF ENSURING THAT ALL EMPLOYEES HAVE  THE
 KNOWLEDGE AND EXPERIENCE TO FULFILL THE DUTIES OF THE POSITION THAT THEY
 HOLD;
   (IV)  POLICIES TO REQUIRE THE POSTING OF ALL VACANT POSITIONS FOURTEEN
 DAYS BEFORE INTERVIEWS COMMENCE. ALL POSTINGS SHALL  BE  ON  A  PUBLICLY
 ACCESSIBLE WEBSITE, IN THE CITY RECORD, OR ON AN OPEN DATA PORTAL. NOTH-
 ING SHALL PREVENT THE POSTING OF VACANCIES ON ALL THREE; AND
   (V)  POLICIES  ESTABLISHING AN EMPLOYEE PERFORMANCE EVALUATION PROGRAM
 BASED UPON EVIDENCE OF WORK ACTUALLY PERFORMED BY EMPLOYEES AS  COMPARED
 WITH PRE-ESTABLISHED PERFORMANCE STANDARDS;
   (2)  EXERCISING  ALL  THE  POWERS  AND  DUTIES  DELEGATED TO BOARDS OF
 ELECTIONS, OR SPECIFICALLY TO THE BOARD OF ELECTIONS OF THE CITY OF  NEW
 YORK,  EXCEPT  WHERE  SUCH  POWERS AND DUTIES ARE EXPRESSLY RESERVED FOR
 SUCH BOARD PURSUANT TO THIS SUBDIVISION,  IN  ALL  MATTERS  RELATING  TO
 QUALIFICATION OF VOTERS, VOTER REGISTRATION AND ENROLLMENT, CANCELLATION
 OF  VOTER  REGISTRATION, CHANGE OF VOTER STATUS AND REGISTRATION RECORDS
 PURSUANT TO ARTICLE FIVE OF THIS CHAPTER; IN  ALL  MATTERS  RELATING  TO
 CREATION  AND ALTERATIONS OF ELECTION DISTRICTS PURSUANT TO ARTICLE FOUR
 OF THIS CHAPTER, AND IN ALL MATTERS RELATING TO  DESIGNATION  OF  PLACES
 FOR  REGISTRATION AND POLLING PLACES PURSUANT TO ARTICLES FIVE AND EIGHT
 OF THIS CHAPTER; AND
   (3) EXERCISING THE POWERS AND DUTIES DELEGATED TO BOARDS OF ELECTIONS,
 OR SPECIFICALLY TO THE BOARD OF ELECTIONS OF THE CITY OF  NEW  YORK,  IN
 ALL OTHER MATTERS RELATED TO THE ADMINISTRATION OF ELECTIONS IN THE CITY
 OF NEW YORK NOT OTHERWISE SPECIFIED IN THIS SUBDIVISION.
   (E)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, IN LIEU OF ANY
 OTHERWISE  APPLICABLE  LAW  CONCERNING  PUBLIC  CONDUCT  OF  BUSINESS OR
 S. 6226--B                          8
 
 RENDERING OF DETERMINATIONS BY THE CO-EXECUTIVE  DIRECTORS,  THEY  SHALL
 PROVIDE  INFORMATION  TO  THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
 AND THE PUBLIC IN ACCORDANCE WITH THIS PARAGRAPH.
   (1)  AT  REGULAR  MEETINGS  OF SUCH BOARD CONDUCTED IN ACCORDANCE WITH
 ARTICLE SEVEN OF THE PUBLIC OFFICERS  LAW,  THE  CO-EXECUTIVE  DIRECTORS
 SHALL  REPORT TO THE COMMISSIONERS OF SUCH BOARD ON THE DISCHARGE OF ANY
 POWERS AND DUTIES EXERCISED BY THE CO-EXECUTIVE  DIRECTORS  UNDER  PARA-
 GRAPH  (D) OF THIS SUBDIVISION AS WELL AS ANY ADDITIONAL RELEVANT INFOR-
 MATION AS MAY BE REQUESTED BY MAJORITY VOTE OF SUCH BOARD. AT SUCH MEET-
 INGS, A REASONABLE OPPORTUNITY  SHALL  BE  PROVIDED  TO  THE  PUBLIC  TO
 PROVIDE  ORAL COMMENT ON THE ACTIONS AND OPERATIONS OF THE BOARD AND ITS
 STAFF.
   (2) NOT LATER THAN JANUARY THIRTY-FIRST OF EACH YEAR, THE CO-EXECUTIVE
 DIRECTORS SHALL PROVIDE TO THE APPOINTING AUTHORITIES A REPORT REGARDING
 THE ACTUAL PERFORMANCE OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
 AS AN AGENCY FOR THE PREVIOUS CALENDAR YEAR,  RELATIVE  TO  PROGRAMMATIC
 GOALS  AND  MEASURES. SUCH REPORT SHALL INCLUDE SUCH ADDITIONAL INFORMA-
 TION, AND BE PRESENTED IN SUCH FORM, AS MAY BE SPECIFIED IN  WRITING  BY
 THE  APPOINTING  AUTHORITY AND SPEAKER AND COMMUNICATED TO THE CO-EXECU-
 TIVE DIRECTORS  NO LATER THAN DECEMBER FIRST OF  THE  PREVIOUS  CALENDAR
 YEAR,  PROVIDED THAT ANY SPECIFICATION REQUIRING THE COLLECTION OR MAIN-
 TENANCE OF ADDITIONAL DATA NOT ALREADY COLLECTED OR MAINTAINED SHALL  BE
 SPECIFIED AT LEAST THREE MONTHS PRIOR TO THE ANTICIPATED COMMENCEMENT OF
 SUCH COLLECTION OR MAINTENANCE.
   (3) FOR EACH ELECTION, THE BOARD SHALL TRACK AND REPORT KEY VOTING AND
 ELECTION  ADMINISTRATION  DATA, INCLUDING: TURNOUT BY ELECTION DISTRICT;
 AVERAGE WAIT TIMES BY POLL SITE AND ELECTION DISTRICT;  CALL  VOLUME  BY
 POLL  SITE  AND  TYPES OF COMPLAINTS RECEIVED; THE TYPE AND FREQUENCY OF
 USE OF DIFFERENT VOTING METHODS, INCLUDING ABSENTEE, EARLY, AND ELECTION
 DAY VOTING, AFFIDAVIT BALLOT USAGE  RATES;  RATES  OF  AND  REASONS  FOR
 BALLOT  REJECTIONS;  AND,  LANGUAGE INTERPRETER STAFFING BY LANGUAGE PER
 POLL SITE.
   § 6. Subdivision 3 of section 4-136 of the election law, as amended by
 chapter 155 of the laws of 2010, is amended to read as follows:
   3. In the  city  of  New  York  all  leased  or  purchased  equipment,
 supplies,  ballots,  printing and publications, except newspaper notices
 and advertisements, to be used  or  furnished  by  such  board,  may  be
 procured  for  it by the purchasing department or agency of such city as
 if such board were an agency of such city. Such board shall comply  with
 the  rules and regulations of the New York city procurement policy board
 and applicable state law FOR ALL PURCHASE CONTRACTS, INCLUDING  BUT  NOT
 LIMITED TO PURCHASE OF GOODS, SERVICES OR TECHNOLOGY.
   §  7.  Notwithstanding  any inconsistent provision of law, the current
 board of elections commissioners for the city of New York shall  perform
 the  functions  assigned  to  the  commissioners until the expiration of
 their term.
   § 8. Notwithstanding any inconsistent provision of this act, until the
 first co-executive director of  the  applicable  political  party  takes
 office  in accordance with section 3-300 of the election law, as amended
 by section three of this act, the executive director or deputy executive
 director of the board of elections of the city of New York appointed  by
 such  board and representative of such party shall perform the functions
 assigned to the applicable co-executive director by such section of  the
 election  law, as amended by this act, or any other law.  Further, while
 remaining in office, such executive director and deputy executive direc-
 tor shall be subject to removal and replacement by action of such board,
 S. 6226--B                          9
 
 consistent with the provisions of section 3-300 of the election  law  as
 such  section was in existence prior to its amendment by this act.  If a
 co-executive director has not been appointed by May 1, 2022, the  status
 of the executive director or deputy executive director appointed by such
 board  and representative of the applicable political party shall termi-
 nate, and the new position of co-executive director shall be  deemed  in
 existence and vacant for all purposes after such date.
   §  9.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the  one  hundred  fiftieth
 day  after  it  shall  have become a law; and provided further, however,
 that sections two, four, five, six, seven and eight of  this  act  shall
 take effect on the sixtieth day after it shall have become a law.

Co-Sponsors

S6226C - Details

See Assembly Version of this Bill:: A5691
Law Section:: Election Law
Laws Affected:: Amd §§3-200, 3-212, 3-300 & 4-136, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6877
2019-2020: S2726, A11169
2023-2024: S619, A662

S6226C - Summary

Relates to the exercise of powers and duties of the board of elections of the city of New York and its executive management.

S6226C - Sponsor Memo

 
BILL NUMBER: S6226C

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the election law, in relation to the exercise of powers
and duties of the board of elections of the city of New York and its
executive management

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill creates an unconsolidated law to sunset the term
of each member of the current Board of Elections in the city of New York
upon the confirmation of new commissioners.

Section two of the bill amends section 3-200 of the Election Law to
reduce the number of commissioners at the New York City Board of
Elections from ten commissioners to two commissioners. This section
would require the State Board of Elections to prescribe certain quali-
fications that shall apply to the commissioners of election of the board
of elections for the city of New York. These qualifications would ensure
that commissioners have the skills and knowledge to exercise the respon-
sibilities and duties of their position.  Commissioners at the board of

elections of the city of New York would be required to complete train-
ings conducted by the state board within 60 days after they commence
their duties.

Section three of the bill amends section 3-204 of the Election Law to
develop a new framework for the nomination and appointment of commis-
sioners of election in the city of New York. Each county committee
shall, within 60 days of a vacancy, file a certificate of party recom-
mendation for one individual to be nominated to the position of election
commissioner. The city council would then hold a public hearing on the
nominees and confirm two individuals from separate counties, with one
commissioner representing each of the two parties that received the
most, and second most votes, in the most recent gubernatorial election.

Section four of the bill amends section 3-212 of the Election Law to
require additional budgetary responsibility at the board of elections.
The director of the management and budget would be required to notify
the co-executive directors, the mayor, the speaker of the city council,
and the public advocate if it is expected that the city board of
elections would exceed its appropriation. The co-executive directors of
such board would be responsible for responding to such director a
projection of the amount that they will exceed their appropriation, and
relevant information justifying such excess expenditures.

Section five of the bill adds new subdivisions to section 3-300 of the
election law delineating the powers and duties of the co-executive
directors of the city board of elections, and the board of elections of
the city of New York (The board). The board will be responsible for
promulgating regulations, issuing orders and making decisions regarding
general policies affecting the administration of elections of the city
of New York. The bill expressly reserves certain powers and functions
for the board, including but not limited to the designation of election
districts and poll sites, approving procurement contracts valued at
greater than one million dollars, choosing voting machines and systems,
canvassing election results, making determinations regarding the nomi-

nation and designation of candidates, and, the form and content of
ballots and challenges to voter registration.

The co-executive directors, which must be of separate political party
affiliation, would now be appointed by a majority vote of the mayor of
the city of New York, the speaker of the city council and the public
advocate, with the provision that the Mayor must be part of the majori-
ty. The co-executive directors would be chosen for appointment from a
list developed by the commissioner of election representing each poli-
tical party. The co-executive directors would have the same powers and
duties delegated to local boards of elections under the Election Law,
including but not limited to the appointment, salaries and removal of
all staff, such as poll workers, inspectors and voter machine techni-
cians and all matters relating to voter registration and enrollment,
cancellation of voter registration, policies providing for appropriate
ongoing training of employees, policies establishing employee evalu-
ations, change of voter status and registration records, except where
such powers are expressly reserved for the board. The co-executive
directors must exercise their powers in a manner not inconsistent with
the policies established by the Board.

Section six amends section 4-136 of the election law to include the
purchase of goods, services, and technology to the list of items for
which the city board of elections can procure from the city. The board
shall comply with the rules and regulations of the city procurement
policy board and applicable state law.

Section seven provides for the current commissioners to continue to
perform the functions of the board of elections until the expiration of
their term.

Section eight allows the current executive director and deputy executive
director to assume the roles of co-executive directors until the commis-
sioners complete the required process for appointing co-executive direc-
tors.

Section nine is the effective date of the bill.

 
JUSTIFICATION:

In response to several shortcomings of various Board of Elections across
New York, it became incumbent on the lawmakers to hold several hearings,
roundtables, and listening sessions to learn from academic experts,
voters, and employees about what needed to be done to ensure that our
board of elections worked for the voters in this State. One of the
recurring themes was the need to reform the New York City Board of
Elections to make the New York City Board of Elections more efficient
and accountable to the people of New York City.

This bill provides for clear delineation of the various responsibilities
of the commissioners of the board of elections, and provides for clear
powers, responsibilities, and duties for the co-executive directors. The
bill reduces the number of elections commissioners and ensures that
there is transparency in their appointment and encourages professional-
ism over nepotism. This language, coupled with a methodology where the
co-executive directors can be held accountable through processes
designed to remove and appoint co-executive directors ensure that voters
know who is responsible for ensuring that voters in New York City can
exercise their right to vote. Most importantly, the bill creates various
training and continuing education requirements for commissioners, co-ex-
ecutive directors, and staff so that all employees and managers have the
skills needed to administer elections in the City efficiently, accurate-
ly, and that the voting rights of New Yorkers are protected.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S.2726 Elections/ A.11169 (Rozic) Elections

2017-2018: S.6877 Elections

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that sections
one, three, four and five shall take effect on January 1,2023 and
sections six, seven and eight shall take effect sixty days after it
shall become a law.

S6226C - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6226--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2021
                                ___________
 
 Introduced  by  Sens. KRUEGER, HOYLMAN, RIVERA -- 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  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- recommitted to the Committee on Elections  in  accordance
   with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the election law, in relation to the exercise of  powers
   and  duties  of the board of elections of the city of New York and its
   executive management
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Notwithstanding any inconsistent provision of law to the
 contrary, on the effective date of this section the term of each commis-
 sioner of the New York City Board of Elections, or any vacant  position,
 shall  be  deemed expired, and each such commissioner or vacant position
 shall be replaced with new appointments made pursuant to this section.
   In the city of New York, the county committee of each major  political
 party shall, within sixty days after the effective date of this section,
 file  a  certificate  of party recommendation with the clerk of the city
 council of the city of New York recommending  one  qualified  individual
 for  consideration  to  serve  as  a commissioner of elections. The city
 council shall immediately, or as soon as practicable but  no  more  than
 thirty  days  thereafter, hold a public hearing on such recommendations,
 and provided further, no more than thirty days  thereafter  confirm  two
 qualified  individuals for such positions, who shall succeed those indi-
 viduals whose terms shall have expired pursuant to this section.
   § 2. The section heading and subdivision 3 of  section  3-200  of  the
 election  law, the section heading as amended by chapter 373 of the laws

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04954-18-2
 S. 6226--C                          2

 
 of 1978, are amended and a  new  subdivision  8  is  added  to  read  as
 follows:
   Boards   of  elections;  creation,  qualifications  of  commissioners,
 removal; ADDITIONAL QUALIFICATIONS AND TRAINING IN THE CITY OF NEW YORK.
   3. In the city of New York  the  board  shall  consist  of  [ten]  TWO
 commissioners  of election who [shall be registered voters in the county
 for which they are appointed and they] shall be appointed  by  the  city
 council  of  the city of New York. Not more than two commissioners shall
 be registered voters of the same county.  NO LATER THAN  DECEMBER  THIR-
 TY-FIRST,  TWO  THOUSAND  TWENTY-TWO, THE STATE BOARD OF ELECTIONS SHALL
 PRESCRIBE QUALIFICATIONS FOR THE COMMISSIONERS OF ELECTION OF THE  BOARD
 OF  ELECTIONS  OF THE CITY OF NEW YORK.  SUCH QUALIFICATIONS SHALL APPLY
 TO APPOINTMENTS MADE BEGINNING THIRTY DAYS AFTER  PROMULGATION  OF  SUCH
 QUALIFICATIONS  AND  SHALL THEREAFTER BE REVIEWED BY SUCH BOARD AT LEAST
 EVERY TWO YEARS AND UPDATED AS NECESSARY.  SUCH QUALIFICATIONS SHALL  BE
 PRESCRIBED  ONLY  AFTER CONSIDERATION OF THE SKILLS AND KNOWLEDGE NECES-
 SARY OR USEFUL FOR THE EXERCISE OF THE DUTIES  AND  RESPONSIBILITIES  OF
 SUCH  COMMISSIONERS,  AS  WELL  AS  THE  ABILITY TO RECRUIT A SUFFICIENT
 NUMBER OF CANDIDATES TO BE COMMISSIONERS.  FURTHER, NO LATER THAN DECEM-
 BER THIRTY-FIRST, TWO   THOUSAND    TWENTY-TWO,  THE    STATE  BOARD  OF
 ELECTIONS SHALL PRESCRIBE ADDITIONAL QUALIFICATIONS FOR THE CO-EXECUTIVE
 DIRECTORS,  WHICH SHALL APPLY TO RECOMMENDATIONS  AND APPOINTMENTS  MADE
 THEREAFTER.  SUCH QUALIFICATIONS SHALL THEREAFTER BE  REVIEWED  BY  SUCH
 BOARD   AT   LEAST   EVERY   TWO   YEARS  AND UPDATED  AS NECESSARY, AND
 SHALL BE PRESCRIBED ONLY AFTER CONSIDERATION OF THE SKILLS AND KNOWLEDGE
 NECESSARY OR USEFUL FOR THE EXERCISE OF  THE  DUTIES   AND  RESPONSIBIL-
 ITIES   OF THE CO-EXECUTIVE DIRECTORS, AS WELL AS THE ABILITY TO RECRUIT
 A SUFFICIENT NUMBER OF CANDIDATES TO BE CO-EXECUTIVE DIRECTORS.
   8. IN THE CITY OF NEW YORK THE COMMISSIONERS OF ELECTION SHALL PARTIC-
 IPATE IN TRAINING CONDUCTED BY THE STATE BOARD  OF  ELECTIONS  REGARDING
 THEIR  DUTIES AND RESPONSIBILITIES AS COMMISSIONERS OF ELECTION, INCLUD-
 ING TRAINING REGARDING ELECTION DAY OPERATIONS, TO BE  COMPLETED  WITHIN
 SIXTY  DAYS  AFTER A COMMISSIONER COMMENCES PERFORMANCE OF THE DUTIES OF
 THE OFFICE. COMMISSIONERS OF ELECTION SHALL PARTICIPATE IN SUCH CONTINU-
 ING TRAINING CONDUCTED BY  THE  STATE  BOARD  OF  ELECTIONS  AS  MAY  BE
 REQUIRED  BY SUCH BOARD TO REMAIN INFORMED OF BEST PRACTICES, REGULATORY
 AND STATUTORY CHANGES RELATING TO THEIR DUTIES AND RESPONSIBILITIES, AND
 ANY OTHER CONTINUING TRAINING AS IS NECESSARY TO FULFILL THE  DUTIES  OF
 THE COMMISSIONERS OF ELECTION.
   § 3. Subdivisions 2 and 4 of section 3-204 of the election law, subdi-
 vision  2 as amended by chapter 453 of the laws of 1997, and subdivision
 4 as amended by chapter 116 of the laws of 2010, are amended to read  as
 follows:
   2.  (A)  Party recommendations for election commissioner shall be made
 by the county committee or by such other committee as the rules  of  the
 party  may  provide, by a majority of the votes cast at a meeting of the
 members of such committee at which a quorum is present. If at any time a
 vacancy occurs in the office of any election commissioner other than  by
 expiration of term of office, party recommendations to fill such vacancy
 shall  be made by the county committee or by such other committee as the
 rules of the party may provide, by a majority of the  votes  cast  at  a
 meeting of the members of such committee at which a quorum is present.
   (B) PARTY RECOMMENDATIONS FOR ELECTION COMMISSIONER IN THE CITY OF NEW
 YORK  OR  TO  FILL  A VACANCY IN SUCH OFFICE SHALL BE MADE BY THE COUNTY
 COMMITTEE OR BY SUCH OTHER COMMITTEE AS  THE  RULES  OF  THE  PARTY  MAY
 PROVIDE,  BY A MAJORITY OF THE VOTES CAST AT A MEETING OF THE MEMBERS OF
 S. 6226--C                          3
 
 SUCH COMMITTEE AT WHICH A QUORUM IS PRESENT.  EACH PARTY  SHALL,  WITHIN
 SIXTY DAYS OF A VACANCY, FILE A CERTIFICATE OF PARTY RECOMMENDATION WITH
 THE  CLERK  OF THE CITY COUNCIL OF THE CITY OF NEW YORK RECOMMENDING ONE
 INDIVIDUAL  FOR  CONSIDERATION  TO SERVE AS A COMMISSIONER OF ELECTIONS.
 THE CITY COUNCIL SHALL IMMEDIATELY, OR AS SOON  AS  PRACTICABLE  BUT  NO
 MORE  THAN  THIRTY DAYS THEREAFTER, HOLD A PUBLIC HEARING ON SUCH RECOM-
 MENDATIONS AND PROVIDED FURTHER, NO MORE  THAN  THIRTY  DAYS  THEREAFTER
 CONFIRM AN INDIVIDUAL FOR SUCH POSITION.
   4. Commissioners of election shall be appointed by the county legisla-
 tive  body,  or in the city of New York, by the city council FOLLOWING A
 PUBLIC HEARING.  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  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 upon the expiration of  thirty  days  from
 the date that the certificate was filed. If none of the persons named in
 any  of  the certificates filed by a party are so appointed within 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.
   §  4.  The  section  heading  of  section 3-212 of the election law is
 amended and a new subdivision 6 is added to read as follows:
   Boards of elections; organization, proceedings, reports  and  records;
 BUDGET REPORTING IN THE CITY OF NEW YORK.
   6.  IF,  AT  ANY  TIME  DURING THE CITY FISCAL YEAR OF THE CITY OF NEW
 YORK, THE DIRECTOR OF MANAGEMENT AND BUDGET OF SUCH CITY DETERMINES THAT
 THE EXPENDITURES OF THE BOARD OF ELECTIONS OF THE CITY OF NEW  YORK  ARE
 REASONABLY  LIKELY  TO EXCEED APPROPRIATIONS TO SUCH BOARD FOR PERSONNEL
 SERVICES OR OTHER THAN PERSONNEL SERVICES FOR A QUARTER  OF  THE  FISCAL
 YEAR,  BASED UPON A REASONABLE ALLOTMENT BY SUCH DIRECTOR OF SUCH APPRO-
 PRIATIONS TO SUCH QUARTER, OR FOR THE ENTIRE FISCAL YEAR, SUCH  DIRECTOR
 SHALL  PROVIDE  WRITTEN NOTICE OF SUCH DETERMINATION TO THE CO-EXECUTIVE
 DIRECTORS OF SUCH BOARD, THE MAYOR OF SUCH CITY, THE SPEAKER OF THE CITY
 COUNCIL OF SUCH CITY, AND THE PUBLIC ADVOCATE  OF  SUCH  CITY,  TOGETHER
 WITH  ANY  RELEVANT REQUESTS FOR ADDITIONAL DATA OR INFORMATION THAT THE
 DIRECTOR DETERMINES TO BE MATERIAL TO SUCH  BOARD'S  LEVEL  OF  EXPENDI-
 TURES.    WITHIN TWENTY DAYS OF RECEIVING SUCH NOTICE, SUCH CO-EXECUTIVE
 DIRECTORS SHALL SUBMIT TO SUCH  DIRECTOR,  MAYOR,  PUBLIC  ADVOCATE  AND
 SPEAKER  A  PROJECTION  OF WHETHER AND BY WHAT AMOUNT IT WILL EXCEED ITS
 APPROPRIATIONS FOR PERSONNEL SERVICES AND OTHER THAN PERSONNEL  SERVICES
 FOR  EACH  QUARTER  AND THE ENTIRE FISCAL YEAR, TOGETHER WITH A DETAILED
 EXPLANATION OF THE NEEDS JUSTIFYING ANY SUCH PROJECTED  EXCESS  EXPENDI-
 TURES.    NOTHING  IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT THE
 DIRECTOR FROM REQUIRING THE FURNISHING  OF  DATA  AND  INFORMATION,  AND
 ANSWERS  TO  PERTINENT INQUIRIES, AT ANY TIME IN ACCORDANCE WITH SECTION
 TWO HUNDRED TWENTY-FIVE OF THE NEW YORK CITY CHARTER.
   § 5. Section 3-300 of the election law is amended to read as follows:
   § 3-300. Board employees; appointment. [Every] 1. EXCEPT  AS  PROVIDED
 IN  SUBDIVISION  TWO  OF  THIS  SECTION,  EVERY board of elections shall
 S. 6226--C                          4
 
 appoint, and at its pleasure remove, clerks, voting machine technicians,
 custodians and  other  employees,  fix  their  number,  prescribe  their
 duties,  fix  their  titles and rank and establish their salaries within
 the  amounts  appropriated  therefor  by  the local legislative body and
 shall secure in the appointment of employees of the board  of  elections
 equal representation of the major political parties.  Every commissioner
 in  each  board  of  elections  except for commissioners of the board of
 elections of the city of New York, may approve and at pleasure remove  a
 deputy, establish his OR HER title and prescribe his OR HER duties. [In]
   2. (A) NOTWITHSTANDING ANY PROVISION OF GENERAL, SPECIAL OR LOCAL LAW,
 IN the city of New York, [the board of elections shall appoint an execu-
 tive director and a deputy executive director whose duties it] CO-EXECU-
 TIVE DIRECTORS WHO SHALL EACH BE OF SEPARATE MAJOR POLITICAL PARTIES AND
 SHALL  BE  APPOINTED, AND MAY BE REMOVED, IN A MANNER SET FORTH IN PARA-
 GRAPH (B) OF THIS SUBDIVISION. THE DUTY OF  THE  CO-EXECUTIVE  DIRECTORS
 shall  be  to  supervise the operations of the board of elections [under
 the supervision of such board] IN ACCORDANCE WITH THIS SUBDIVISION.  THE
 BOARD OF ELECTIONS OF THE CITY OF NEW YORK SHALL ADVISE THE CO-EXECUTIVE
 DIRECTORS ON MATTERS OF POLICY AFFECTING THE ADMINISTRATION OF ELECTIONS
 IN  THE  CITY OF NEW YORK. EXCEPT AS EXPRESSLY PROVIDED IN THIS SUBDIVI-
 SION, SUCH BOARD SHALL EXERCISE NO EXECUTIVE POWER AND PERFORM NO EXECU-
 TIVE OR ADMINISTRATIVE FUNCTIONS. EXCEPT AS EXPRESSLY PROVIDED  IN  THIS
 SUBDIVISION,  SUCH BOARD SHALL MAKE NO INDIVIDUALIZED DECISIONS CONCERN-
 ING THE EMPLOYMENT OF ANY SPECIFIC PERSON OR THE  REGISTRATION,  PRE-RE-
 GISTRATION, ENROLLMENT OR QUALIFICATIONS OF ANY SPECIFIC VOTER OR APPLI-
 CANT.  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE CONSTRUED TO REQUIRE OR
 AUTHORIZE THE DAY-TO-DAY SUPERVISION OF THE  CO-EXECUTIVE  DIRECTORS  BY
 THE  BOARD.  THE BOARD MAY DELEGATE POWERS AND DUTIES CONFERRED UPON THE
 BOARD TO THE CO-EXECUTIVE DIRECTORS, TO  BE  EXERCISED  CONSISTENT  WITH
 PARAGRAPH  (D)  OF  THIS  SUBDIVISION.   ONE CO-EXECUTIVE DIRECTOR SHALL
 FIRST BE APPOINTED FOR A TERM OF TWO YEARS AND THE OTHER SHALL FIRST  BE
 APPOINTED  TO  A  TERM  OF FOUR YEARS, WITH BOTH TERMS COMMENCING ON THE
 LATER OF MARCH FIRST, TWO THOUSAND TWENTY-THREE  OR  THIRTY  DAYS  AFTER
 BOTH  COMMISSIONERS  HAVE BEEN CONFIRMED.  THEREAFTER, EACH CO-EXECUTIVE
 DIRECTOR SHALL BE APPOINTED FOR A TERM  OF  FOUR  YEARS  IN  THE  MANNER
 DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION.  IN THE CASE OF A VACAN-
 CY, A CO-EXECUTIVE DIRECTOR SHALL BE APPOINTED TO SERVE THE REMAINDER OF
 THE  UNEXPIRED  TERM  ACCORDING TO THE ORIGINAL MANNER OF APPOINTMENT OF
 THE PREVIOUS CO-EXECUTIVE DIRECTOR.
   (B)(1)   FOR PURPOSES OF THIS PARAGRAPH  AND  PARAGRAPH  (E)  OF  THIS
 SUBDIVISION,  THE  TERM "APPOINTING AUTHORITIES" SHALL MEAN THE MAYOR OF
 THE CITY OF NEW YORK, THE SPEAKER OF THE CITY COUNCIL OF SUCH CITY,  AND
 THE  PUBLIC ADVOCATE OF SUCH CITY, WHO SHALL ACT PURSUANT TO THIS SUBDI-
 VISION BY CONCURRING ACTION OF AT LEAST TWO OF SUCH OFFICIALS,  PROVIDED
 THAT THE MAYOR SHALL BE ONE OF THE CONCURRING OFFICIALS.
   (2)  NO  EARLIER  THAN  THE FIRST DAY OF JANUARY AND NO LATER THAN THE
 FIRST DAY OF FEBRUARY IN TWO THOUSAND TWENTY-THREE AND IN EVERY CALENDAR
 YEAR THEREAFTER DURING WHICH THE FOUR-YEAR TERM OF A CO-EXECUTIVE DIREC-
 TOR IS TO EXPIRE, THE COMMISSIONERS OF ELECTION FOR EACH POLITICAL PARTY
 SHALL FILE ONE OR MORE CERTIFICATES OF  PARTY  RECOMMENDATION  WITH  THE
 APPOINTING AUTHORITIES, AS DESCRIBED IN THIS PARAGRAPH.
   (3)  PARTY  RECOMMENDATIONS FOR CO-EXECUTIVE DIRECTOR SHALL BE MADE BY
 THE COMMISSIONER OF ELECTION FOR EACH POLITICAL PARTY. SUCH COMMISSIONER
 SHALL RECOMMEND NO FEWER THAN  THREE  CANDIDATES  FOR  THE  POSITION  OF
 CO-EXECUTIVE DIRECTOR.  IF AT ANY TIME A VACANCY OCCURS IN THE OFFICE OF
 CO-EXECUTIVE  DIRECTOR OTHER THAN BY EXPIRATION OF TERM OF OFFICE, OR IF
 S. 6226--C                          5
 
 A REQUEST FOR ADDITIONAL CANDIDATES IS MADE BY THE  APPOINTING  AUTHORI-
 TIES  PURSUANT  TO SUBPARAGRAPH SIX OF THIS PARAGRAPH, PARTY RECOMMENDA-
 TIONS TO FILL SUCH VACANCY SHALL BE MADE WITHIN THIRTY  DAYS.  IF  FEWER
 THAN  THREE CANDIDATES ARE RECOMMENDED IN A TIMELY MANNER BY THE COMMIS-
 SIONER OF ELECTION FOR THE APPLICABLE POLITICAL PARTY THEN  THE  MEMBERS
 OF  THE  CITY  COUNCIL WHO ARE MEMBERS OF THE APPLICABLE POLITICAL PARTY
 MAY, BY MAJORITY VOTE OF SUCH MEMBERS, FILE CERTIFICATES OF PARTY RECOM-
 MENDATION WITH THE APPOINTING AUTHORITIES WITHIN FIFTEEN DAYS AFTER  THE
 EXPIRATION  OF  THE TIME FOR FILING BY THE COMMISSIONERS OF ELECTION, SO
 AS TO INCREASE THE TOTAL NUMBER OF CANDIDATES TO THREE.
   (4) CANDIDATES RECOMMENDED UNDER THIS PARAGRAPH MUST SATISFY ALL QUAL-
 IFICATIONS REQUIRED FOR LOCAL OFFICERS PURSUANT TO THE  PUBLIC  OFFICERS
 LAW.
   (5)  THE  CERTIFICATES  FILED  SHALL  BE IN SUCH FORM AND CONTAIN SUCH
 INFORMATION AS SHALL BE PRESCRIBED BY THE STATE BOARD OF ELECTIONS.
   (6) THE CO-EXECUTIVE DIRECTORS  SHALL  BE  APPOINTED  JOINTLY  BY  THE
 APPOINTING  AUTHORITIES  IN ACCORDANCE WITH THIS SUBDIVISION, FROM AMONG
 THE CANDIDATES RECOMMENDED PURSUANT TO SUBPARAGRAPH THREE OF THIS  PARA-
 GRAPH.
   (7)   NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS PARAGRAPH, NO
 EARLIER THAN THE FIRST DAY OF JANUARY AND NO LATER THAN THE THIRTY-FIRST
 DAY OF JANUARY IN THE LAST YEAR OF THE TERM OF A CO-EXECUTIVE  DIRECTOR,
 THE APPOINTING AUTHORITIES AND COMMISSIONER OF ELECTION FOR THE APPLICA-
 BLE POLITICAL PARTY, MAY AGREE TO ISSUE A CERTIFICATE OF PARTY RECOMMEN-
 DATION AND APPOINTMENT TO REAPPOINT SUCH CO-EXECUTIVE DIRECTOR TO ANOTH-
 ER  TERM  OF OFFICE.   IN SUCH EVENT, THE PROCESS OTHERWISE SPECIFIED IN
 SUBPARAGRAPHS TWO, THREE AND SIX OF THIS PARAGRAPH SHALL NOT APPLY.
   (8) A CO-EXECUTIVE DIRECTOR MAY BE REMOVED FROM OFFICE  FOR  CAUSE  BY
 THE APPOINTING AUTHORITIES.  IN ADDITION, A CO-EXECUTIVE DIRECTOR MAY BE
 REMOVED  WITHOUT CAUSE BY THE APPOINTING AUTHORITIES ACTING JOINTLY WITH
 THE COMMISSIONER OF ELECTION FOR THE  APPLICABLE  POLITICAL  PARTY.  ANY
 VACANCY  SO  RESULTING  SHALL BE FILLED IN THE MANNER PRESCRIBED BY THIS
 PARAGRAPH FOR FILLING VACANCIES.
   (9) THE CO-EXECUTIVE  DIRECTORS  SHALL  BE  SUBJECT  TO  THE  TRAINING
 REQUIREMENTS  SET  FORTH  IN  SUBDIVISION EIGHT OF SECTION 3-200 OF THIS
 ARTICLE,  UNLESS  THE  STATE  BOARD  OF  ELECTIONS  IN  ITS   DISCRETION
 PRESCRIBES  ALTERNATIVE  OR  ADDITIONAL  TRAINING  FOR  THE CO-EXECUTIVE
 DIRECTORS SPECIFIC TO THEIR DUTIES AND RESPONSIBILITIES.
   (C) THE BOARD SHALL HAVE THE POWER AND  DUTY  TO  TAKE  THE  FOLLOWING
 ACTIONS  TO THE EXTENT OTHERWISE CONSISTENT WITH THE JURISDICTION OF THE
 BOARD PURSUANT TO THIS CHAPTER:
   (1) MAKE DETERMINATIONS REGARDING THE NOMINATION  AND  DESIGNATION  OF
 CANDIDATES FOR PUBLIC OFFICE AND PARTY POSITIONS PURSUANT TO ARTICLE SIX
 OF THIS CHAPTER OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (2)  MAKE  DETERMINATIONS  REGARDING  THE FORM AND CONTENT OF BALLOTS,
 INCLUDING BUT NOT LIMITED TO THE DETERMINATION OF CANDIDATES  AND  QUES-
 TIONS  TO APPEAR ON THE BALLOT PURSUANT TO SECTION 4-114 OF THIS CHAPTER
 AND THE CERTIFICATION OF BALLOTS PURSUANT TO TITLE ONE OF ARTICLE  SEVEN
 OF THIS CHAPTER OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (3)  ADOPT  RESOLUTIONS  ELIMINATING  MEETINGS  FOR LOCAL REGISTRATION
 PURSUANT TO SUBDIVISION SIX OF SECTION 5-202 OF THIS CHAPTER;
   (4) MAKE DETERMINATIONS CONCERNING CHALLENGES  TO  VOTER  REGISTRATION
 AND  APPLICATIONS  OF  VOTERS  UNLAWFULLY  DENIED THE RIGHT TO REGISTER,
 PURSUANT TO TITLE TWO OF ARTICLE FIVE OF THIS CHAPTER;
   (5) MAKE DETERMINATIONS CONCERNING THE  ADOPTION  AND  USE  OF  VOTING
 MACHINES OR SYSTEMS PURSUANT TO SECTION 7-200 OF THIS CHAPTER;
 S. 6226--C                          6
 
   (6) CANVASS ELECTION RESULTS AND PERFORM ALL FUNCTIONS OF THE BOARD OF
 CANVASSERS  IN  THE  CITY  OF NEW YORK, INCLUDING BUT NOT LIMITED TO THE
 CERTIFICATION OF ELECTION RESULTS, PURSUANT TO ARTICLE NINE OR ANY OTHER
 RELEVANT PROVISION OF THIS CHAPTER;
   (7) TAKE ANY ACTION AUTHORIZED BY SECTION 3-218 OF THIS ARTICLE;
   (8) APPROVE ANY CONTRACT WHERE:
   (I)  SUCH  CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER THAN COMPET-
 ITIVE SEALED BIDDING WHERE  THE  CONTRACT  WAS  AWARDED  TO  THE  LOWEST
 RESPONSIBLE BIDDER;
   (II)  SUCH  CONTRACT  PROVIDES  FOR  TECHNICAL, CONSULTANT OR PERSONAL
 SERVICES;
   (III) THE VALUE OF THE CONTRACT EXCEEDS OR PROJECTS AN ANNUAL EXPENDI-
 TURE EXCEEDING ONE MILLION DOLLARS FOR THE  FISCAL  YEAR  OR  WHERE  THE
 VALUE OF ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS OR IS PROJECT-
 ED TO EXCEED ONE MILLION DOLLARS FOR THE FISCAL YEAR; AND
   (9)  PROMULGATE REGULATIONS, ISSUE ORDERS AND MAKE DECISIONS REGARDING
 GENERAL POLICIES AFFECTING THE ADMINISTRATION OF ELECTIONS OF  THE  CITY
 OF NEW YORK.
   (D)  THE  CO-EXECUTIVE DIRECTORS SHALL COLLECTIVELY SERVE AS THE CHIEF
 EXECUTIVE FOR THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK  AND  SHALL
 COLLECTIVELY EXERCISE ALL THEIR POWERS AND DUTIES IN A MANNER NOT INCON-
 SISTENT  WITH  THE POLICIES OF THE BOARD. THE CO-EXECUTIVE DIRECTORS MAY
 COLLECTIVELY DELEGATE POWERS AND DUTIES TO THE OTHER,  AND  MAY  COLLEC-
 TIVELY  DELEGATE  POWERS  AND  DUTIES TO EMPLOYEES IN FURTHERANCE OF THE
 PURPOSES OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO  THE  ABILITY  TO
 EXERCISE  THE  POWERS AND DUTIES OF A CO-EXECUTIVE DIRECTOR IN THE EVENT
 OF A VACANCY.  SUCH POWERS AND DUTIES SHALL INCLUDE BUT NOT  BE  LIMITED
 TO:
   (1) APPOINTING, AND AT THEIR PLEASURE REMOVING, CLERKS, VOTING MACHINE
 TECHNICIANS,  CUSTODIANS  AND  OTHER  EMPLOYEES,  FIXING  THEIR  NUMBER,
 PRESCRIBING THEIR DUTIES, FIXING THEIR TITLES AND RANK AND  ESTABLISHING
 THEIR  SALARIES  WITHIN THE AMOUNTS APPROPRIATED THEREFOR IN THE EXPENSE
 BUDGET OF THE CITY OF NEW YORK, PROVIDED THAT  THIS  SUBPARAGRAPH  SHALL
 NOT AFFECT THE FIXING OF A DAILY RATE OF COMPENSATION PURSUANT TO SUBDI-
 VISION  ONE  OF SECTION 3-420 OF THIS ARTICLE.  THEY SHALL SECURE IN THE
 APPOINTMENT OF EMPLOYEES EQUAL REPRESENTATION  OF  THE  MAJOR  POLITICAL
 PARTIES.    IN  EXERCISING  THE  POWERS CONFERRED BY THIS PARAGRAPH WITH
 RESPECT TO THE APPOINTMENT  OF  EMPLOYEES,  THE  CO-EXECUTIVE  DIRECTORS
 SHALL,  IN  CONSULTATION  WITH  THE NEW YORK CITY DEPARTMENT OF CITYWIDE
 ADMINISTRATIVE SERVICES ESTABLISH WRITTEN  POLICIES  AND  PROCEDURES  ON
 PERSONNEL,  INCLUDING  EXECUTIVE STAFF, OTHER THAN THOSE PAID AT A DAILY
 RATE PURSUANT TO SUBDIVISION ONE OF SECTION 3-420 OF THIS ARTICLE, WITH-
 IN NINETY DAYS OF THE EFFECTIVE DATE OF THIS  PARAGRAPH.  SUCH  POLICIES
 AND PROCEDURES SHALL INCLUDE:
   (I) SPECIFICATIONS SETTING FORTH THE QUALIFICATIONS FOR AND THE NATURE
 AND  SCOPE  OF  THE DUTIES AND RESPONSIBILITIES OF EACH TITLE, INCLUDING
 EXECUTIVE STAFF, WITH APPOINTMENTS TO BE MADE CONSISTENT WITH SUCH SPEC-
 IFICATIONS, PROVIDED THAT APPOINTMENTS SHALL SECURE EQUAL REPRESENTATION
 OF THE MAJOR POLITICAL PARTIES. SUCH SPECIFICATIONS SHALL IN ADDITION TO
 SECURING SUCH REPRESENTATION, GIVE DUE  WEIGHT  TO  SENIORITY,  PREVIOUS
 TRAININGS  AND  EXPERIENCE,  EDUCATION AND PROFESSIONAL CREDENTIALS, AND
 PERFORMANCE  RATINGS  WHERE  AVAILABLE.  THIS  PARAGRAPH  SHALL  NOT  BE
 CONSTRUED  TO  REQUIRE  THE PREPARATION OF ADMINISTRATION OF COMPETITIVE
 EXAMINATION OF ELIGIBLE LIST FOR ANY TITLE, NOR SHALL IT BE CONSTRUED TO
 REQUIRE THE TERMINATION OF ANY  INDIVIDUAL  EMPLOYED  BY  THE  BOARD  OF
 S. 6226--C                          7
 
 ELECTIONS  OF  THE  CITY  OF NEW YORK PRIOR TO THE ESTABLISHMENT OF SUCH
 SPECIFICATIONS;
   (II)  POLICIES  PROTECTING  EMPLOYEES  FROM RETALIATION FOR DISCLOSING
 INFORMATION CONCERNING ACTS OF WRONGDOING,  MISCONDUCT,  MALFEASANCE  OF
 OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER;
   (III)  POLICIES  PROVIDING FOR APPROPRIATE ONGOING TRAINING OF EMPLOY-
 EES, INCLUDING THOSE INDIVIDUALS EMPLOYED PRIOR TO THE ESTABLISHMENT  OF
 SUCH  POLICIES, WITH THE PURPOSE OF ENSURING THAT ALL EMPLOYEES HAVE THE
 KNOWLEDGE AND EXPERIENCE TO FULFILL THE DUTIES OF THE POSITION THAT THEY
 HOLD;
   (IV) POLICIES TO REQUIRE THE POSTING OF ALL VACANT POSITIONS  FOURTEEN
 DAYS  BEFORE  INTERVIEWS  COMMENCE.  ALL POSTINGS SHALL BE ON A PUBLICLY
 ACCESSIBLE WEBSITE, IN THE CITY RECORD, OR ON AN OPEN DATA PORTAL. NOTH-
 ING SHALL PREVENT THE POSTING OF VACANCIES ON ALL THREE; AND
   (V) POLICIES ESTABLISHING AN EMPLOYEE PERFORMANCE  EVALUATION  PROGRAM
 BASED  UPON EVIDENCE OF WORK ACTUALLY PERFORMED BY EMPLOYEES AS COMPARED
 WITH PRE-ESTABLISHED PERFORMANCE STANDARDS;
   (2) EXERCISING ALL THE  POWERS  AND  DUTIES  DELEGATED  TO  BOARDS  OF
 ELECTIONS,  OR SPECIFICALLY TO THE BOARD OF ELECTIONS OF THE CITY OF NEW
 YORK, EXCEPT WHERE SUCH POWERS AND DUTIES  ARE  EXPRESSLY  RESERVED  FOR
 SUCH  BOARD  PURSUANT  TO  THIS  SUBDIVISION, IN ALL MATTERS RELATING TO
 QUALIFICATION OF VOTERS, VOTER REGISTRATION AND ENROLLMENT, CANCELLATION
 OF VOTER REGISTRATION, CHANGE OF VOTER STATUS AND  REGISTRATION  RECORDS
 PURSUANT  TO  ARTICLE  FIVE  OF THIS CHAPTER; IN ALL MATTERS RELATING TO
 CREATION AND ALTERATIONS OF ELECTION DISTRICTS PURSUANT TO ARTICLE  FOUR
 OF  THIS  CHAPTER,  AND IN ALL MATTERS RELATING TO DESIGNATION OF PLACES
 FOR REGISTRATION AND POLLING PLACES PURSUANT TO ARTICLES FIVE AND  EIGHT
 OF THIS CHAPTER; AND
   (3) EXERCISING THE POWERS AND DUTIES DELEGATED TO BOARDS OF ELECTIONS,
 OR  SPECIFICALLY  TO  THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK, IN
 ALL OTHER MATTERS RELATED TO THE ADMINISTRATION OF ELECTIONS IN THE CITY
 OF NEW YORK NOT OTHERWISE SPECIFIED IN THIS SUBDIVISION.
   (E)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, IN LIEU OF ANY
 OTHERWISE APPLICABLE  LAW  CONCERNING  PUBLIC  CONDUCT  OF  BUSINESS  OR
 RENDERING  OF  DETERMINATIONS  BY THE CO-EXECUTIVE DIRECTORS, THEY SHALL
 PROVIDE INFORMATION TO THE BOARD OF ELECTIONS OF THE CITY  OF  NEW  YORK
 AND THE PUBLIC IN ACCORDANCE WITH THIS PARAGRAPH.
   (1)  AT  REGULAR  MEETINGS  OF SUCH BOARD CONDUCTED IN ACCORDANCE WITH
 ARTICLE SEVEN OF THE PUBLIC OFFICERS  LAW,  THE  CO-EXECUTIVE  DIRECTORS
 SHALL  REPORT TO THE COMMISSIONERS OF SUCH BOARD ON THE DISCHARGE OF ANY
 POWERS AND DUTIES EXERCISED BY THE CO-EXECUTIVE  DIRECTORS  UNDER  PARA-
 GRAPH  (D) OF THIS SUBDIVISION AS WELL AS ANY ADDITIONAL RELEVANT INFOR-
 MATION AS MAY BE REQUESTED BY MAJORITY VOTE OF SUCH BOARD. AT SUCH MEET-
 INGS, A REASONABLE OPPORTUNITY  SHALL  BE  PROVIDED  TO  THE  PUBLIC  TO
 PROVIDE  ORAL COMMENT ON THE ACTIONS AND OPERATIONS OF THE BOARD AND ITS
 STAFF.
   (2) NOT LATER THAN JANUARY THIRTY-FIRST OF EACH YEAR, THE CO-EXECUTIVE
 DIRECTORS SHALL PROVIDE TO THE APPOINTING AUTHORITIES A REPORT REGARDING
 THE ACTUAL PERFORMANCE OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
 AS AN AGENCY FOR THE PREVIOUS CALENDAR YEAR,  RELATIVE  TO  PROGRAMMATIC
 GOALS  AND  MEASURES. SUCH REPORT SHALL INCLUDE SUCH ADDITIONAL INFORMA-
 TION, AND BE PRESENTED IN SUCH FORM, AS MAY BE SPECIFIED IN  WRITING  BY
 THE  APPOINTING  AUTHORITY AND SPEAKER AND COMMUNICATED TO THE CO-EXECU-
 TIVE DIRECTORS  NO LATER THAN DECEMBER FIRST OF  THE  PREVIOUS  CALENDAR
 YEAR,  PROVIDED THAT ANY SPECIFICATION REQUIRING THE COLLECTION OR MAIN-
 TENANCE OF ADDITIONAL DATA NOT ALREADY COLLECTED OR MAINTAINED SHALL  BE
 S. 6226--C                          8
 
 SPECIFIED AT LEAST THREE MONTHS PRIOR TO THE ANTICIPATED COMMENCEMENT OF
 SUCH COLLECTION OR MAINTENANCE.
   (3) FOR EACH ELECTION, THE BOARD SHALL TRACK AND REPORT KEY VOTING AND
 ELECTION  ADMINISTRATION  DATA, INCLUDING: TURNOUT BY ELECTION DISTRICT;
 AVERAGE WAIT TIMES BY POLL SITE AND ELECTION DISTRICT;  CALL  VOLUME  BY
 POLL  SITE  AND  TYPES OF COMPLAINTS RECEIVED; THE TYPE AND FREQUENCY OF
 USE OF DIFFERENT VOTING METHODS, INCLUDING ABSENTEE, EARLY, AND ELECTION
 DAY VOTING, AFFIDAVIT BALLOT USAGE  RATES;  RATES  OF  AND  REASONS  FOR
 BALLOT  REJECTIONS;  AND,  LANGUAGE INTERPRETER STAFFING BY LANGUAGE PER
 POLL SITE.
   § 6. Subdivision 3 of section 4-136 of the election law, as amended by
 chapter 155 of the laws of 2010, is amended to read as follows:
   3. In the  city  of  New  York  all  leased  or  purchased  equipment,
 supplies,  ballots,  printing and publications, except newspaper notices
 and advertisements, to be used  or  furnished  by  such  board,  may  be
 procured  for  it by the purchasing department or agency of such city as
 if such board were an agency of such city. Such board shall comply  with
 the  rules and regulations of the New York city procurement policy board
 and applicable state law FOR ALL PURCHASE CONTRACTS, INCLUDING  BUT  NOT
 LIMITED TO PURCHASE OF GOODS, SERVICES OR TECHNOLOGY.
   §  7.  Notwithstanding  any inconsistent provision of law, the current
 board of elections commissioners for the city of New York shall  perform
 the  functions  assigned  to  the  commissioners until the expiration of
 their term.
   § 8. Notwithstanding any inconsistent provision of this act, until the
 first co-executive director of  the  applicable  political  party  takes
 office  in accordance with section 3-300 of the election law, as amended
 by section five of this act, the executive director or deputy  executive
 director  of the board of elections of the city of New York appointed by
 such board and representative of such party shall perform the  functions
 assigned  to the applicable co-executive director by such section of the
 election law, as amended by this act, or any other law.  Further,  while
 remaining in office, such executive director and deputy executive direc-
 tor shall be subject to removal and replacement by action of such board,
 consistent  with  the provisions of section 3-300 of the election law as
 such section was in existence prior to its amendment by this act.  If  a
 co-executive  director has not been appointed by May 1, 2023, the status
 of the executive director or deputy executive director appointed by such
 board and representative of the applicable political party shall  termi-
 nate,  and  the new position of co-executive director shall be deemed in
 existence and vacant for all purposes after such date.
   § 9. This act shall take effect immediately; provided,  however,  that
 sections  one,  three,  four,  and five of this act shall take effect on
 January 1, 2023; and provided further, however, that sections six, seven
 and eight of this act shall take effect on the  sixtieth  day  after  it
 shall have become a law.

Co-Sponsors

S6226D - Details

See Assembly Version of this Bill:: A5691
Law Section:: Election Law
Laws Affected:: Amd §§3-200, 3-212, 3-300 & 4-136, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6877
2019-2020: S2726, A11169
2023-2024: S619, A662

S6226D - Summary

Relates to the exercise of powers and duties of the board of elections of the city of New York and its executive management.

S6226D - Sponsor Memo

 
BILL NUMBER: S6226D

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the election law, in relation to the exercise of powers
and duties of the board of elections of the city of New York and its
executive management

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill creates an unconsolidated law to sunset the term
of each member of the current Board of Elections in the city of New York
upon the confirmation of new commissioners.

Section two of the bill amends section 3-200 of the Election Law to
reduce the number of commissioners at the New York City Board of
Elections from ten commissioners to two commissioners.

Section three of the bill amends section 3-204 of the Election Law to
develop a new framework for the nomination and appointment of commis-
sioners of election in the city of New York. Each county committee
shall, within 60 days of a vacancy, file a certificate of party recom-

mendation for one individual to be nominated to the position of election
commissioner. The city council would then hold a public hearing on the
nominees and confirm two individuals from separate counties, with one
commissioner representing each of the two parties that received the
most, and second most votes, in the most recent gubernatorial election.

Section four of the bill amends section 3-212 of the Election Law to
require additional budgetary responsibility at the board of elections.
The director of the management and budget would be required to notify
the executive director, the mayor, the speaker of the city council, and
the public advocate if it is expected that the city board of elections
would exceed its appropriation. The executive director of such board
would be responsible for responding to such director with a projection
of the amount that they will exceed their appropriation, and relevant
information justifying such excess expenditures.

Section five of the bill adds new subdivisions to section 3-300 of the
election law delineating the powers and duties of the executive director
of the city board of elections, and the board of elections of the city
of New York (The board). The board will be responsible for promulgating
regulations, issuing orders and making decisions regarding general poli-
cies affecting the administration of elections of the city of New York.
The bill expressly reserves certain powers and functions for the board,
including but not limited to the designation of election districts and
poll sites, approving procurement contracts valued at greater than one
million dollars, choosing voting machines and systems, canvassing
election results, making determinations regarding the nomination and
designation of candidates, and, the form and content of ballots and
challenges to voter registration.

The executive director, would now be appointed by a majority vote of the
mayor of the city of New York, the speaker of the city council and the
public advocate, with the provision that the Mayor must be part of the
majority. The executive director would be chosen for appointment from a
list developed by the commissioners of election representing each poli-
tical party. The executive directors would have the same powers and
duties delegated to local boards of elections under the Election Law,
including but not limited to the appointment, salaries and removal of
all staff, such as a deputy director, poll workers, inspectors and voter
machine technicians and all matters relating to voter registration and
enrollment, cancellation of voter registration, policies providing for
appropriate ongoing training of employees, policies establishing employ-
ee evaluations, change of voter status and registration records, except
where such powers are expressly reserved for the board. The executive
director must exercise their powers in a manner not inconsistent with
the policies established by the Board.

Section six amends section 4-136 of the election law to include the
purchase of goods, services, and technology to the list of items for
which the city board of elections can procure from the city. The board
shall comply with the rules and regulations of the city procurement
policy board and applicable state law.

Section seven provides for the current commissioners to continue to
perform the functions of the board of elections until the expiration of
their term.

Section eight allows the current executive director to assume the role
of executive director until the commissioners complete the
required,process for appointing an executive director.

Section nine is the severability clause Section ten is the effective
date of the bill.

 
JUSTIFICATION:

In response to several shortcomings of various Board of Elections across
New York, it became incumbent on the lawmakers to hold several hearings,
roundtables, and listening sessions to learn from academic experts,
voters, and employees about what needed to be done to ensure that our
board of elections worked for the voters in this State. One of the
recurring themes was the need to reform the New York City Board of
Elections to make the New York City Board of Elections more efficient
and accountable to the people of New York City.

This bill provides for clear delineation of the various responsibilities
of the commissioners of the board of elections, and provides for clear
powers, responsibilities, and duties for the executive director. The
bill reduces the number of elections commissioners and ensures that
there is transparency in their appointment and encourages professional-
ism over nepotism. This language, coupled with a methodology where the
executive director can be held accountable through processes designed to
remove and appoint them further ensures responsibility to the voters.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S.2726 Elections/ A.11169 (Rozic) Elections

2017-2018:  S.6877 Elections

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that sections
one, three, four and five shall take effect on January 1,2023 and
sections six, seven and eight shall take effect sixty days after it
shall become a law.

S6226D - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6226--D
     Cal. No. 564
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2021
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  HOYLMAN,  MAY, RIVERA -- 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  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- recommitted to the Committee on Elections  in  accordance
   with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT to amend the election law, in relation to the exercise of powers
   and duties of the board of elections of the city of New York  and  its
   executive management
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any inconsistent provision of  law  to  the
 contrary, on the effective date of this act the term of each commission-
 er  of  the  New  York  City Board of Elections, or any vacant position,
 shall be deemed expired, and each such commissioner or  vacant  position
 shall be replaced with new appointments made pursuant to this section.
   In  the city of New York, the county committee of each major political
 party shall, within sixty days after the effective  date  of  this  act,
 file  a  certificate  of party recommendation with the clerk of the city
 council of the city of New York recommending  one  qualified  individual
 for  consideration  to  serve  as  a commissioner of elections. The city
 council shall immediately, or as soon as practicable but  no  more  than
 thirty  days  thereafter, hold a public hearing on such recommendations,
 and provided further, no more than thirty days  thereafter  confirm  two
 qualified  individuals for such positions, who shall succeed those indi-
 viduals whose terms shall have expired pursuant to this section.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04954-26-2
 S. 6226--D                          2
 
   § 2. The section heading and subdivision 3 of  section  3-200  of  the
 election  law, the section heading as amended by chapter 373 of the laws
 of 1978, are amended to read as follows:
   Boards   of  elections;  creation,  qualifications  of  commissioners,
 removal; ADDITIONAL QUALIFICATIONS AND TRAINING IN THE CITY OF NEW YORK.
   3. In the city of New York  the  board  shall  consist  of  [ten]  TWO
 commissioners  of election who [shall be registered voters in the county
 for which they are appointed and they] shall be appointed  by  the  city
 council  of the city of New York. [Not more than two commissioners shall
 be registered voters of the same county] NO  TWO  COMMISSIONERS  MAY  BE
 RESIDENTS OF THE SAME COUNTY OR REGISTERED VOTERS OF THE SAME PARTY.
   § 3. Subdivisions 2 and 4 of section 3-204 of the election law, subdi-
 vision  2 as amended by chapter 453 of the laws of 1997, and subdivision
 4 as amended by chapter 116 of the laws of 2010, are amended to read  as
 follows:
   2.  (A)  Party recommendations for election commissioner shall be made
 by the county committee or by such other committee as the rules  of  the
 party  may  provide, by a majority of the votes cast at a meeting of the
 members of such committee at which a quorum is present. If at any time a
 vacancy occurs in the office of any election commissioner other than  by
 expiration of term of office, party recommendations to fill such vacancy
 shall  be made by the county committee or by such other committee as the
 rules of the party may provide, by a majority of the  votes  cast  at  a
 meeting of the members of such committee at which a quorum is present.
   (B) PARTY RECOMMENDATIONS FOR ELECTION COMMISSIONER IN THE CITY OF NEW
 YORK  OR  TO  FILL  A VACANCY IN SUCH OFFICE SHALL BE MADE BY THE COUNTY
 COMMITTEE OR BY SUCH OTHER COMMITTEE AS  THE  RULES  OF  THE  PARTY  MAY
 PROVIDE,  BY A MAJORITY OF THE VOTES CAST AT A MEETING OF THE MEMBERS OF
 SUCH COMMITTEE AT WHICH A QUORUM IS PRESENT.  EACH PARTY  SHALL,  WITHIN
 SIXTY DAYS OF A VACANCY, FILE A CERTIFICATE OF PARTY RECOMMENDATION WITH
 THE  CLERK  OF THE CITY COUNCIL OF THE CITY OF NEW YORK RECOMMENDING ONE
 INDIVIDUAL FOR CONSIDERATION TO SERVE AS A  COMMISSIONER  OF  ELECTIONS.
 THE  CITY  COUNCIL  SHALL  IMMEDIATELY, OR AS SOON AS PRACTICABLE BUT NO
 MORE THAN THIRTY DAYS THEREAFTER, HOLD A PUBLIC HEARING ON  SUCH  RECOM-
 MENDATIONS  AND  PROVIDED  FURTHER,  NO MORE THAN THIRTY DAYS THEREAFTER
 CONFIRM AN INDIVIDUAL FOR SUCH POSITION.
   4. Commissioners of election shall be appointed by the county legisla-
 tive body, or in the city of New York, by the city council  FOLLOWING  A
 PUBLIC  HEARING.    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 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 upon the expiration of thirty days from
 the date that the certificate was filed. If none of the persons named in
 any of the certificates filed by a party are so appointed  within  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.
 S. 6226--D                          3
 
   § 4. The section heading of section  3-212  of  the  election  law  is
 amended and a new subdivision 6 is added to read as follows:
   Boards  of  elections; organization, proceedings, reports and records;
 BUDGET REPORTING IN THE CITY OF NEW YORK.
   6. IF, AT ANY TIME DURING THE CITY FISCAL YEAR  OF  THE  CITY  OF  NEW
 YORK, THE DIRECTOR OF MANAGEMENT AND BUDGET OF SUCH CITY DETERMINES THAT
 THE  EXPENDITURES  OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK ARE
 REASONABLY LIKELY TO EXCEED APPROPRIATIONS TO SUCH BOARD  FOR  PERSONNEL
 SERVICES  OR  OTHER  THAN PERSONNEL SERVICES FOR A QUARTER OF THE FISCAL
 YEAR, BASED UPON A REASONABLE ALLOTMENT BY SUCH DIRECTOR OF SUCH  APPRO-
 PRIATIONS  TO SUCH QUARTER, OR FOR THE ENTIRE FISCAL YEAR, SUCH DIRECTOR
 SHALL PROVIDE WRITTEN NOTICE OF  SUCH  DETERMINATION  TO  THE  EXECUTIVE
 DIRECTOR  OF SUCH BOARD, THE MAYOR OF SUCH CITY, THE SPEAKER OF THE CITY
 COUNCIL OF SUCH CITY, AND THE PUBLIC ADVOCATE  OF  SUCH  CITY,  TOGETHER
 WITH  ANY  RELEVANT REQUESTS FOR ADDITIONAL DATA OR INFORMATION THAT THE
 DIRECTOR DETERMINES TO BE MATERIAL TO SUCH  BOARD'S  LEVEL  OF  EXPENDI-
 TURES.  WITHIN  TWENTY  DAYS  OF  RECEIVING  SUCH NOTICE, SUCH EXECUTIVE
 DIRECTOR SHALL SUBMIT TO  SUCH  DIRECTOR,  MAYOR,  PUBLIC  ADVOCATE  AND
 SPEAKER  A  PROJECTION  OF WHETHER AND BY WHAT AMOUNT IT WILL EXCEED ITS
 APPROPRIATIONS FOR PERSONNEL SERVICES AND OTHER THAN PERSONNEL  SERVICES
 FOR  EACH  QUARTER  AND THE ENTIRE FISCAL YEAR, TOGETHER WITH A DETAILED
 EXPLANATION OF THE NEEDS JUSTIFYING ANY SUCH PROJECTED  EXCESS  EXPENDI-
 TURES.    NOTHING  IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT THE
 DIRECTOR FROM REQUIRING THE FURNISHING  OF  DATA  AND  INFORMATION,  AND
 ANSWERS  TO  PERTINENT INQUIRIES, AT ANY TIME IN ACCORDANCE WITH SECTION
 TWO HUNDRED TWENTY-FIVE OF THE NEW YORK CITY CHARTER.
   § 5. Section 3-300 of the election law is amended to read as follows:
   § 3-300. Board employees; appointment. [Every] 1. EXCEPT  AS  PROVIDED
 IN  SUBDIVISION  TWO  OF  THIS  SECTION,  EVERY board of elections shall
 appoint, and at its pleasure remove, clerks, voting machine technicians,
 custodians and  other  employees,  fix  their  number,  prescribe  their
 duties,  fix  their  titles and rank and establish their salaries within
 the amounts appropriated therefor by the  local  legislative  body  [and
 shall  secure  in the appointment of employees of the board of elections
 equal representation of the major political parties]. Every commissioner
 in each board of elections except for  commissioners  of  the  board  of
 elections  of the city of New York, may approve and at pleasure remove a
 deputy, establish his OR HER title and prescribe his OR HER duties. [In]
   2. THERE SHALL BE EQUAL REPRESENTATION OF THE MAJOR POLITICAL  PARTIES
 AMONG THOSE EMPLOYEES OF THE BOARD OF ELECTIONS CHARGED WITH THE DUTY OF
 QUALIFYING VOTERS, DISTRIBUTING BALLOTS TO VOTERS, OR RECEIVING, RECORD-
 ING OR COUNTING VOTES AT ELECTIONS.
   3. (A) NOTWITHSTANDING ANY PROVISION OF GENERAL, SPECIAL OR LOCAL LAW,
 IN the city of New York, [the board of elections shall appoint] an exec-
 utive director [and a deputy executive director whose duties it shall be
 to  supervise  the operations of the board of elections under the super-
 vision of such board] SHALL BE APPOINTED AND MAY BE REMOVED, IN A MANNER
 SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION. IT SHALL BE  THEIR  DUTY
 TO SUPERVISE THE OPERATIONS OF THE BOARD OF ELECTIONS IN ACCORDANCE WITH
 THIS  SUBDIVISION.  THE EXECUTIVE DIRECTOR SHALL BE SELECTED FOLLOWING A
 NATIONWIDE SEARCH FOR QUALIFIED AND EXPERIENCED CANDIDATES.  THEY  SHALL
 SERVE A TERM OF FOUR YEARS.
   (B)  THE  BOARD  OF ELECTIONS OF THE CITY OF NEW YORK SHALL ADVISE THE
 EXECUTIVE DIRECTOR ON MATTERS OF POLICY AFFECTING THE ADMINISTRATION  OF
 ELECTIONS  IN THE CITY OF NEW YORK. EXCEPT AS EXPRESSLY PROVIDED IN THIS
 SUBDIVISION, SUCH BOARD SHALL EXERCISE NO EXECUTIVE POWER AND PERFORM NO
 S. 6226--D                          4
 
 EXECUTIVE OR ADMINISTRATIVE FUNCTIONS. EXCEPT AS EXPRESSLY  PROVIDED  IN
 THIS  SUBDIVISION,  SUCH  BOARD  SHALL  MAKE NO INDIVIDUALIZED DECISIONS
 CONCERNING THE EMPLOYMENT OF ANY SPECIFIC PERSON  OR  THE  REGISTRATION,
 PRE-REGISTRATION,  ENROLLMENT OR QUALIFICATIONS OF ANY SPECIFIC VOTER OR
 APPLICANT. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE  OR
 AUTHORIZE  THE  DAY-TO-DAY  SUPERVISION OF THE EXECUTIVE DIRECTOR BY THE
 BOARD. THE BOARD MAY DELEGATE POWERS AND DUTIES CONFERRED UPON THE BOARD
 TO THE EXECUTIVE DIRECTOR, TO BE EXERCISED CONSISTENT WITH PARAGRAPH (E)
 OF THIS SUBDIVISION. IN THE CASE OF A  VACANCY,  AN  EXECUTIVE  DIRECTOR
 SHALL  BE APPOINTED TO SERVE THE REMAINDER OF THE UNEXPIRED TERM ACCORD-
 ING TO THE ORIGINAL MANNER OF  APPOINTMENT  OF  THE  PREVIOUS  EXECUTIVE
 DIRECTOR.
   (C)(1)    FOR  PURPOSES  OF  THIS  PARAGRAPH AND PARAGRAPH (F) OF THIS
 SUBDIVISION, THE TERM "APPOINTING AUTHORITIES" SHALL MEAN THE  MAYOR  OF
 THE  CITY OF NEW YORK, THE SPEAKER OF THE CITY COUNCIL OF SUCH CITY, AND
 THE PUBLIC ADVOCATE OF SUCH CITY, WHO SHALL ACT PURSUANT TO THIS  SUBDI-
 VISION  BY CONCURRING ACTION OF AT LEAST TWO OF SUCH OFFICIALS, PROVIDED
 THAT THE MAYOR SHALL BE ONE OF THE CONCURRING OFFICIALS.
   (2) NO EARLIER THAN THE FIRST DAY OF JANUARY AND  NO  LATER  THAN  THE
 FIRST DAY OF FEBRUARY IN TWO THOUSAND TWENTY-THREE AND IN EVERY CALENDAR
 YEAR  THEREAFTER DURING WHICH THE FOUR-YEAR TERM OF THE EXECUTIVE DIREC-
 TOR IS TO EXPIRE, THE COMMISSIONERS OF ELECTION FOR EACH POLITICAL PARTY
 SHALL FILE ONE OR MORE CERTIFICATES OF  PARTY  RECOMMENDATION  WITH  THE
 APPOINTING AUTHORITIES, AS DESCRIBED IN THIS PARAGRAPH.
   (3)  PARTY RECOMMENDATIONS FOR EXECUTIVE DIRECTOR SHALL BE MADE BY THE
 COMMISSIONER OF ELECTION FOR EACH  POLITICAL  PARTY.  SUCH  COMMISSIONER
 SHALL RECOMMEND NO FEWER THAN THREE CANDIDATES FOR THE POSITION OF EXEC-
 UTIVE DIRECTOR.  IF AT ANY TIME A VACANCY OCCURS IN THE OFFICE OF EXECU-
 TIVE  DIRECTOR  OTHER  THAN  BY  EXPIRATION  OF  TERM OF OFFICE, OR IF A
 REQUEST FOR ADDITIONAL CANDIDATES IS MADE BY THE APPOINTING  AUTHORITIES
 PURSUANT  TO  SUBPARAGRAPH FOUR OF THIS PARAGRAPH, PARTY RECOMMENDATIONS
 TO FILL SUCH VACANCY SHALL BE MADE WITHIN THIRTY  DAYS.  IF  FEWER  THAN
 THREE  CANDIDATES ARE RECOMMENDED IN A TIMELY MANNER BY THE COMMISSIONER
 OF ELECTION FOR THE APPLICABLE POLITICAL PARTY THEN THE MEMBERS  OF  THE
 CITY  COUNCIL  WHO ARE MEMBERS OF THE APPLICABLE POLITICAL PARTY MAY, BY
 MAJORITY VOTE OF SUCH MEMBERS, FILE CERTIFICATES OF PARTY RECOMMENDATION
 WITH THE APPOINTING AUTHORITIES WITHIN FIFTEEN DAYS AFTER THE EXPIRATION
 OF THE TIME FOR FILING BY  THE  COMMISSIONERS  OF  ELECTION,  SO  AS  TO
 INCREASE  THE TOTAL NUMBER OF CANDIDATES TO THREE. IF THE MEMBERS OF THE
 CITY COUNCIL FROM ONE POLITICAL PARTY DO NOT RECOMMEND  ANY  CANDIDATES,
 THE  APPOINTING  AUTHORITIES  WILL  CHOOSE  FROM  THE LIST OF CANDIDATES
 SUBMITTED.
   (4) CANDIDATES CONSIDERED FOR  EXECUTIVE  DIRECTOR  MUST  SATISFY  ALL
 QUALIFICATIONS  REQUIRED FOR LOCAL OFFICERS PURSUANT TO THE PUBLIC OFFI-
 CERS LAW. FURTHER, NO LATER THAN  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-TWO,  THE  STATE  BOARD  OF  ELECTIONS SHALL PRESCRIBE ADDITIONAL
 QUALIFICATIONS FOR THE POSITION OF EXECUTIVE DIRECTOR, WHICH SHALL APPLY
 TO RECOMMENDATIONS AND APPOINTMENTS MADE THEREAFTER. SUCH QUALIFICATIONS
 SHALL THEREAFTER BE REVIEWED BY SUCH  BOARD AT    LEAST EVERY  TWO YEARS
 AND UPDATED AS    NECESSARY, AND SHALL BE PRESCRIBED ONLY AFTER  CONSID-
 ERATION OF THE SKILLS AND KNOWLEDGE NECESSARY OR USEFUL FOR THE EXERCISE
 OF THE DUTIES  AND   RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR, AS WELL
 AS THE ABILITY TO RECRUIT A SUFFICIENT NUMBER OF CANDIDATES TO BE EXECU-
 TIVE DIRECTOR.
   (5)  THE  EXECUTIVE DIRECTOR SHALL   BE   APPOINTED   JOINTLY  BY  THE
 APPOINTING  AUTHORITIES  IN ACCORDANCE WITH THIS SUBDIVISION, FROM AMONG
 S. 6226--D                          5
 
 THE CANDIDATES RECOMMENDED PURSUANT TO SUBPARAGRAPH THREE OF THIS  PARA-
 GRAPH.
   (6)  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS PARAGRAPH, NO
 EARLIER THAN THE FIRST DAY OF JANUARY AND NO LATER THAN THE THIRTY-FIRST
 DAY OF JANUARY IN THE LAST YEAR OF THE TERM OF THE  EXECUTIVE  DIRECTOR,
 THE  APPOINTING  AUTHORITIES AND COMMISSIONERS OF ELECTION, MAY AGREE TO
 ISSUE A CERTIFICATE OF PARTY RECOMMENDATION AND APPOINTMENT TO REAPPOINT
 SUCH EXECUTIVE DIRECTOR TO ANOTHER TERM OF OFFICE.  IN SUCH  EVENT,  THE
 PROCESS OTHERWISE SPECIFIED IN SUBPARAGRAPHS TWO, THREE AND FOUR OF THIS
 PARAGRAPH SHALL NOT APPLY.
   (7)  AN  EXECUTIVE DIRECTOR MAY BE REMOVED FROM OFFICE  FOR  CAUSE  BY
 THE APPOINTING AUTHORITIES.  IN ADDITION, AN EXECUTIVE DIRECTOR  MAY  BE
 REMOVED  WITHOUT CAUSE BY THE APPOINTING AUTHORITIES ACTING JOINTLY WITH
 THE  COMMISSIONERS  OF  ELECTION. ANY VACANCY   SO   RESULTING  SHALL BE
 FILLED IN THE MANNER PRESCRIBED BY THIS PARAGRAPH FOR FILLING VACANCIES.
   (D) THE BOARD SHALL HAVE THE POWER AND  DUTY  TO  TAKE  THE  FOLLOWING
 ACTIONS  TO THE EXTENT OTHERWISE CONSISTENT WITH THE JURISDICTION OF THE
 BOARD PURSUANT TO THIS CHAPTER:
   (1) MAKE DETERMINATIONS REGARDING THE NOMINATION  AND  DESIGNATION  OF
 CANDIDATES FOR PUBLIC OFFICE AND PARTY POSITIONS PURSUANT TO ARTICLE SIX
 OF THIS CHAPTER OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (2)  MAKE  DETERMINATIONS  REGARDING  THE FORM AND CONTENT OF BALLOTS,
 INCLUDING BUT NOT LIMITED TO THE DETERMINATION OF CANDIDATES  AND  QUES-
 TIONS  TO APPEAR ON THE BALLOT PURSUANT TO SECTION 4-114 OF THIS CHAPTER
 AND THE CERTIFICATION OF BALLOTS PURSUANT TO TITLE ONE OF ARTICLE  SEVEN
 OF THIS CHAPTER OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (3)  ADOPT  RESOLUTIONS  ELIMINATING  MEETINGS  FOR LOCAL REGISTRATION
 PURSUANT TO SUBDIVISION SIX OF SECTION 5-202 OF THIS CHAPTER;
   (4) MAKE DETERMINATIONS CONCERNING CHALLENGES  TO  VOTER  REGISTRATION
 AND  APPLICATIONS  OF  VOTERS  UNLAWFULLY  DENIED THE RIGHT TO REGISTER,
 PURSUANT TO TITLE TWO OF ARTICLE FIVE OF THIS CHAPTER;
   (5) MAKE DETERMINATIONS CONCERNING THE  ADOPTION  AND  USE  OF  VOTING
 MACHINES OR SYSTEMS PURSUANT TO SECTION 7-200 OF THIS CHAPTER;
   (6) CANVASS ELECTION RESULTS AND PERFORM ALL FUNCTIONS OF THE BOARD OF
 CANVASSERS  IN  THE  CITY  OF NEW YORK, INCLUDING BUT NOT LIMITED TO THE
 CERTIFICATION OF ELECTION RESULTS, PURSUANT TO ARTICLE NINE OR ANY OTHER
 RELEVANT PROVISION OF THIS CHAPTER;
   (7) TAKE ANY ACTION AUTHORIZED BY SECTION 3-218 OF THIS ARTICLE;
   (8) APPROVE ANY CONTRACT WHERE:
   (I) SUCH CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER  THAN  COMPET-
 ITIVE  SEALED  BIDDING  WHERE  THE  CONTRACT  WAS  AWARDED TO THE LOWEST
 RESPONSIBLE BIDDER;
   (II) SUCH CONTRACT PROVIDES  FOR  TECHNICAL,  CONSULTANT  OR  PERSONAL
 SERVICES;
   (III) THE VALUE OF THE CONTRACT EXCEEDS OR PROJECTS AN ANNUAL EXPENDI-
 TURE  EXCEEDING  ONE  MILLION  DOLLARS  FOR THE FISCAL YEAR OR WHERE THE
 VALUE OF ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS OR IS PROJECT-
 ED TO EXCEED ONE MILLION DOLLARS FOR THE FISCAL YEAR; AND
   (9) PROMULGATE REGULATIONS, ISSUE ORDERS AND MAKE DECISIONS  REGARDING
 GENERAL  POLICIES  AFFECTING THE ADMINISTRATION OF ELECTIONS OF THE CITY
 OF NEW YORK.
   (E) THE EXECUTIVE DIRECTOR SHALL SERVE AS THE CHIEF EXECUTIVE FOR  THE
 BOARD  OF ELECTIONS OF THE CITY OF NEW YORK AND SHALL EXERCISE ALL THEIR
 POWERS AND DUTIES IN A MANNER NOT INCONSISTENT WITH THE  POLICIES  OF  A
 BOARD. THE EXECUTIVE DIRECTOR MAY DELEGATE POWERS AND DUTIES TO A DEPUTY
 DIRECTOR  AND MAY DELEGATE POWERS AND DUTIES TO EMPLOYEES IN FURTHERANCE
 S. 6226--D                          6
 
 OF THE PURPOSES OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO THE ABILI-
 TY TO EXERCISE THE POWERS AND DUTIES OF THE EXECUTIVE  DIRECTOR  IN  THE
 EVENT  OF  A  VACANCY.   SUCH POWERS AND DUTIES SHALL INCLUDE BUT NOT BE
 LIMITED TO:
   (1)  APPOINTING,  AND  AT  THEIR PLEASURE REMOVING, A DEPUTY DIRECTOR,
 CLERKS, VOTING MACHINE  TECHNICIANS,  CUSTODIANS  AND  OTHER  EMPLOYEES,
 FIXING  THEIR  NUMBER, PRESCRIBING THEIR DUTIES, FIXING THEIR TITLES AND
 RANK AND ESTABLISHING THEIR SALARIES  WITHIN  THE  AMOUNTS  APPROPRIATED
 THEREFOR  IN  THE  EXPENSE BUDGET OF THE CITY OF NEW YORK, PROVIDED THAT
 THIS SUBPARAGRAPH SHALL NOT AFFECT THE FIXING OF A DAILY RATE OF COMPEN-
 SATION PURSUANT TO SUBDIVISION ONE OF SECTION 3-420 OF THIS ARTICLE.  IN
 EXERCISING THE POWERS CONFERRED BY THIS PARAGRAPH WITH  RESPECT  TO  THE
 APPOINTMENT  OF EMPLOYEES, THE EXECUTIVE DIRECTOR SHALL, IN CONSULTATION
 WITH THE NEW YORK CITY DEPARTMENT OF  CITYWIDE  ADMINISTRATIVE  SERVICES
 ESTABLISH WRITTEN POLICIES AND PROCEDURES ON PERSONNEL, INCLUDING EXECU-
 TIVE  STAFF,  OTHER THAN THOSE PAID AT A DAILY RATE PURSUANT TO SUBDIVI-
 SION ONE OF SECTION 3-420 OF THIS ARTICLE, WITHIN  NINETY  DAYS  OF  THE
 EFFECTIVE  DATE  OF  THIS  PARAGRAPH. SUCH POLICIES AND PROCEDURES SHALL
 INCLUDE:
   (I) SPECIFICATIONS SETTING FORTH THE QUALIFICATIONS FOR AND THE NATURE
 AND SCOPE OF THE DUTIES AND RESPONSIBILITIES OF  EACH  TITLE,  INCLUDING
 EXECUTIVE STAFF, WITH APPOINTMENTS TO BE MADE CONSISTENT WITH SUCH SPEC-
 IFICATIONS, PROVIDED THAT APPOINTMENTS SHALL SECURE EQUAL REPRESENTATION
 OF THE MAJOR POLITICAL PARTIES. SUCH SPECIFICATIONS SHALL IN ADDITION TO
 SECURING  SUCH  REPRESENTATION,  GIVE  DUE WEIGHT TO SENIORITY, PREVIOUS
 TRAININGS AND EXPERIENCE, PREVIOUS WORK FOR THE BOARD OF ELECTIONS OR IN
 ELECTIONS ADMINISTRATION OR IN VOTING RIGHTS, EDUCATION AND PROFESSIONAL
 CREDENTIALS, AND PERFORMANCE RATINGS  WHERE  AVAILABLE.  THIS  PARAGRAPH
 SHALL  NOT  BE CONSTRUED TO REQUIRE THE PREPARATION OF ADMINISTRATION OF
 COMPETITIVE EXAMINATION OF ELIGIBLE LIST FOR ANY TITLE, NOR SHALL IT  BE
 CONSTRUED  TO  REQUIRE THE TERMINATION OF ANY INDIVIDUAL EMPLOYED BY THE
 BOARD OF ELECTIONS OF THE CITY OF NEW YORK PRIOR TO THE ESTABLISHMENT OF
 SUCH SPECIFICATIONS;
   (II) POLICIES PROTECTING EMPLOYEES  FROM  RETALIATION  FOR  DISCLOSING
 INFORMATION  CONCERNING  ACTS  OF WRONGDOING, MISCONDUCT, MALFEASANCE OF
 OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER;
   (III) POLICIES PROVIDING FOR APPROPRIATE ONGOING TRAINING  OF  EMPLOY-
 EES,  INCLUDING THOSE INDIVIDUALS EMPLOYED PRIOR TO THE ESTABLISHMENT OF
 SUCH POLICIES, WITH THE PURPOSE OF ENSURING THAT ALL EMPLOYEES HAVE  THE
 KNOWLEDGE AND EXPERIENCE TO FULFILL THE DUTIES OF THE POSITION THAT THEY
 HOLD;
   (IV)  POLICIES TO REQUIRE THE POSTING OF ALL VACANT POSITIONS FOURTEEN
 DAYS BEFORE INTERVIEWS COMMENCE. ALL POSTINGS SHALL  BE  ON  A  PUBLICLY
 ACCESSIBLE WEBSITE, IN THE CITY RECORD, OR ON AN OPEN DATA PORTAL. NOTH-
 ING SHALL PREVENT THE POSTING OF VACANCIES ON ALL THREE; AND
   (V)  POLICIES  ESTABLISHING AN EMPLOYEE PERFORMANCE EVALUATION PROGRAM
 BASED UPON EVIDENCE OF WORK ACTUALLY PERFORMED BY EMPLOYEES AS  COMPARED
 WITH PRE-ESTABLISHED PERFORMANCE STANDARDS;
   (2)  EXERCISING  ALL  THE  POWERS  AND  DUTIES  DELEGATED TO BOARDS OF
 ELECTIONS, OR SPECIFICALLY TO THE BOARD OF ELECTIONS OF THE CITY OF  NEW
 YORK,  EXCEPT  WHERE  SUCH  POWERS AND DUTIES ARE EXPRESSLY RESERVED FOR
 SUCH BOARD PURSUANT TO THIS SUBDIVISION,  IN  ALL  MATTERS  RELATING  TO
 QUALIFICATION OF VOTERS, VOTER REGISTRATION AND ENROLLMENT, CANCELLATION
 OF  VOTER  REGISTRATION, CHANGE OF VOTER STATUS AND REGISTRATION RECORDS
 PURSUANT TO ARTICLE FIVE OF THIS CHAPTER; IN  ALL  MATTERS  RELATING  TO
 CREATION  AND ALTERATIONS OF ELECTION DISTRICTS PURSUANT TO ARTICLE FOUR
 S. 6226--D                          7
 
 OF THIS CHAPTER, AND IN ALL MATTERS RELATING TO  DESIGNATION  OF  PLACES
 FOR  REGISTRATION AND POLLING PLACES PURSUANT TO ARTICLES FIVE AND EIGHT
 OF THIS CHAPTER; AND
   (3) EXERCISING THE POWERS AND DUTIES DELEGATED TO BOARDS OF ELECTIONS,
 OR  SPECIFICALLY  TO  THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK, IN
 ALL OTHER MATTERS RELATED TO THE ADMINISTRATION OF ELECTIONS IN THE CITY
 OF NEW YORK NOT OTHERWISE SPECIFIED IN THIS SUBDIVISION.
   (F) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, IN LIEU OF  ANY
 OTHERWISE  APPLICABLE  LAW  CONCERNING  PUBLIC  CONDUCT  OF  BUSINESS OR
 RENDERING OF  DETERMINATIONS  BY  THE  EXECUTIVE  DIRECTOR,  THEY  SHALL
 PROVIDE  INFORMATION  TO  THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
 AND THE PUBLIC IN ACCORDANCE WITH THIS PARAGRAPH.
   (1) AT REGULAR MEETINGS OF SUCH BOARD  CONDUCTED  IN  ACCORDANCE  WITH
 ARTICLE  SEVEN  OF THE PUBLIC OFFICERS LAW, THE EXECUTIVE DIRECTOR SHALL
 REPORT TO THE COMMISSIONERS OF SUCH BOARD ON THE DISCHARGE OF ANY POWERS
 AND DUTIES EXERCISED BY THE EXECUTIVE DIRECTOR UNDER  PARAGRAPH  (E)  OF
 THIS  SUBDIVISION  AS WELL AS ANY ADDITIONAL RELEVANT INFORMATION AS MAY
 BE REQUESTED BY MAJORITY VOTE OF SUCH BOARD. AT SUCH MEETINGS, A REASON-
 ABLE OPPORTUNITY SHALL BE PROVIDED TO THE PUBLIC TO PROVIDE ORAL COMMENT
 ON THE ACTIONS AND OPERATIONS OF THE BOARD AND ITS STAFF.
   (2) NOT LATER THAN JANUARY THIRTY-FIRST OF EACH  YEAR,  THE  EXECUTIVE
 DIRECTOR  SHALL PROVIDE TO THE APPOINTING AUTHORITIES A REPORT REGARDING
 THE ACTUAL PERFORMANCE OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
 AS AN AGENCY FOR THE PREVIOUS CALENDAR YEAR,  RELATIVE  TO  PROGRAMMATIC
 GOALS  AND  MEASURES. SUCH REPORT SHALL INCLUDE SUCH ADDITIONAL INFORMA-
 TION, AND BE PRESENTED IN SUCH FORM, AS MAY BE SPECIFIED IN  WRITING  BY
 THE  CITY COUNCIL AND SPEAKER AND COMMUNICATED TO THE EXECUTIVE DIRECTOR
 NO LATER THAN DECEMBER FIRST OF THE  PREVIOUS  CALENDAR  YEAR,  PROVIDED
 THAT  ANY SPECIFICATION REQUIRING THE COLLECTION OR MAINTENANCE OF ADDI-
 TIONAL DATA NOT ALREADY COLLECTED OR MAINTAINED SHALL  BE  SPECIFIED  AT
 LEAST  THREE  MONTHS  PRIOR  TO  THE  ANTICIPATED  COMMENCEMENT  OF SUCH
 COLLECTION OR MAINTENANCE. FURTHER, AT LEAST ONCE ANNUALLY,  THE  EXECU-
 TIVE  DIRECTOR AND ELECTIONS COMMISSIONERS SHALL PRESENT ON THE FINDINGS
 OF THE REPORT AT A PUBLIC HEARING IN  FRONT  OF  THE  CITY  COUNCIL  AND
 ANSWER  ANY  QUESTIONS  OR  PROVIDE ANY ADDITIONAL FOLLOW UP INFORMATION
 ASKED FOR BY THE COUNCIL.
   (3) FOR EACH ELECTION, THE BOARD SHALL TRACK AND REPORT KEY VOTING AND
 ELECTION ADMINISTRATION DATA, INCLUDING: TURNOUT BY  ELECTION  DISTRICT;
 AVERAGE  WAIT  TIMES  BY POLL SITE AND ELECTION DISTRICT; CALL VOLUME BY
 POLL SITE AND TYPES OF COMPLAINTS RECEIVED; THE TYPE  AND  FREQUENCY  OF
 USE OF DIFFERENT VOTING METHODS, INCLUDING ABSENTEE, EARLY, AND ELECTION
 DAY  VOTING,  AFFIDAVIT  BALLOT  USAGE  RATES;  RATES OF AND REASONS FOR
 BALLOT REJECTIONS; AND, LANGUAGE INTERPRETER STAFFING  BY  LANGUAGE  PER
 POLL SITE.
   § 6. Subdivision 3 of section 4-136 of the election law, as amended by
 chapter 155 of the laws of 2010, is amended to read as follows:
   3.  In  the  city  of  New  York  all  leased  or purchased equipment,
 supplies, ballots, printing and publications, except  newspaper  notices
 and  advertisements,  to  be  used  or  furnished  by such board, may be
 procured for it by the purchasing department or agency of such  city  as
 if  such board were an agency of such city. Such board shall comply with
 the rules and regulations of the New York city procurement policy  board
 and  applicable  state law FOR ALL PURCHASE CONTRACTS, INCLUDING BUT NOT
 LIMITED TO PURCHASE OF GOODS, SERVICES OR TECHNOLOGY.
   § 7. Notwithstanding any inconsistent provision of  law,  the  current
 board  of elections commissioners for the city of New York shall perform
 S. 6226--D                          8
 
 the functions assigned to the  commissioners  until  the  expiration  of
 their term.
   § 8. Notwithstanding any inconsistent provision of this act, until the
 executive  director takes office in accordance with section 3-300 of the
 election law, as amended by section five  of  this  act,  the  executive
 director  or  deputy executive director of the board of elections of the
 city of New York appointed by such  board  and  representative  of  such
 party  shall  perform the functions assigned to the applicable executive
 director by such section of the election law, as amended by this act, or
 any other law.   Further, while  remaining  in  office,  such  executive
 director  and  deputy executive director shall be subject to removal and
 replacement by action of such board, consistent with the  provisions  of
 section 3-300 of the election law as such section was in existence prior
 to  its  amendment  by this act.   If an executive director has not been
 appointed by May 1, 2023, the status of the executive director or deputy
 executive director appointed by such board  and  representative  of  the
 applicable  political  party  shall  terminate,  and the new position of
 executive director shall be deemed  in  existence  and  vacant  for  all
 purposes after such date.
   §  9.  Severability.  If  any provision of this act is held invalid or
 ineffective in whole or in part or inapplicable to any person  or  situ-
 ation, such invalidity or holding shall not affect, impair or invalidate
 other  provisions  or  applications of this act that can be given effect
 without the invalid provision or application, and all  other  provisions
 thereof  shall  nevertheless  be  separately and fully effective, and to
 this end the provisions of this act are declared to be severable.
   § 10. This act shall take effect immediately; provided, however,  that
 sections  one, three, four, and five of this act shall take effect Janu-
 ary 1, 2023; and provided further, however, that sections six, seven and
 eight of this act shall take effect on the sixtieth day after  it  shall
 have become a law.

Co-Sponsors

S6226E (ACTIVE) - Details

See Assembly Version of this Bill:: A5691
Law Section:: Election Law
Laws Affected:: Amd §§3-200, 3-212, 3-300 & 4-136, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6877
2019-2020: S2726, A11169
2023-2024: S619, A662

S6226E (ACTIVE) - Summary

Relates to the exercise of powers and duties of the board of elections of the city of New York and its executive management.

S6226E (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6226E

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the election law, in relation to the exercise of powers
and duties of the board of elections of the city of New York and its
executive management

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill creates an unconsolidated law to sunset the term
of each member of the current Board of Elections in the city of New York
upon the confirmation of new commissioners.

Section two of the bill amends section 3-200 of the Election Law to
reduce the number of commissioners at the New York City Board of
Elections from ten commissioners to two commissioners.

Section three of the bill amends section 3-204 of the Election Law to
develop a new framework for the nomination and appointment of commis-
sioners of election in the city of New York. Each county committee
shall, within 60 days of a vacancy, file a certificate of party recom-

mendation for one individual to be nominated to the position of election
commissioner. The city council would then hold a public hearing on the
nominees and confirm two individuals from separate counties, with one
commissioner representing each of the two parties that received the
most, and second most votes, in the most recent gubernatorial election.

Section four of the bill amends section 3-212 of the Election Law to
require additional budgetary responsibility at the board of elections.
The director of the management and budget would be required to notify
the executive director, the mayor, the speaker of the city council, and
the public advocate if it is expected that the city board of elections
would exceed its appropriation. The executive director of such board
would be responsible for responding to such director with a projection
of the amount that they will exceed their appropriation, and relevant
information justifying such excess expenditures.

Section five of the bill adds new subdivisions to section 3-300 of the
election law delineating the powers and duties of the executive director
of the city board of elections, and the board of elections of the city
of New York (The board). The board will be responsible for promulgating
regulations, issuing orders and making decisions regarding general poli-
cies affecting the administration of elections of the city of New York.
The bill expressly reserves certain powers and functions for the board,
including but not limited to the designation of election districts and
poll sites, approving procurement contracts valued at greater than one
million dollars, choosing voting machines and systems, canvassing
election results, making determinations regarding the nomination and
designation of candidates, and, the form and content of ballots and
challenges to voter registration.

The executive director, would now be appointed by a majority vote of the
mayor of the city of New York, the speaker of the city council and the
public advocate, with the provision that the Mayor must be part of the
majority. The executive director would be chosen for appointment from a
list developed by the commissioners of election representing each poli-
tical party. The executive directors would have the same powers and
duties delegated to local boards of elections under the Election Law,
including but not limited to the appointment, salaries and removal of
all staff, such as a deputy director, poll workers, inspectors and voter
machine technicians and all matters relating to voter registration and
enrollment, cancellation of voter registration, policies providing for
appropriate ongoing training of employees, policies establishing employ-
ee evaluations, change of voter status and registration records, except
where such powers are expressly reserved for the board. The executive
director must exercise their powers in a manner not inconsistent with
the policies established by the Board.

Section six amends section 4-136 of the election law to include the
purchase of goods, services, and technology to the list of items for
which the city board of elections can procure from the city. The board
shall comply with the rules and regulations of the city procurement
policy board and applicable state law.

Section seven provides for the current commissioners to continue to
perform the functions of the board of elections until the expiration of
their term.

Section eight allows the current executive director to assume the role
of executive director until the commissioners complete the required
process for appointing an executive director.

Section nine is the severability clause

Section ten is the effective date of the bill.

 
JUSTIFICATION:

In response to several shortcomings of various Board of Elections across
New York, it became incumbent on the lawmakers to hold several hearings,
roundtables, and listening sessions to learn from academic experts,
voters, and employees about what needed to be done to ensure that our
board of elections worked for the voters in this State. One of the
recurring themes was the need to reform the New York City Board of
Elections to make the New York City Board of Elections more efficient
and accountable to the people of New York City.

This bill provides for clear delineation of the various responsibilities
of the commissioners of the board of elections, and provides for clear
powers, responsibilities, and duties for the executive director. The
bill reduces the number of elections commissioners and ensures that
there is transparency in their appointment and encourages professional-
ism over nepotism. This language, coupled with a methodology where the
executive director can be held accountable through processes designed to
remove and appoint them further ensures responsibility to the voters.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S.2726 Elections/ A.11169 (Rozic) Elections

2017-2018:  S.6877 Elections

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None
 
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that sections
one, three, four and five shall take effect on January 1,2023 and
sections six, seven and eight shall take effect sixty days after it
shall become a law.

S6226E (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6226--E
     Cal. No. 564
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2021
                                ___________
 
 Introduced  by Sens. KRUEGER, BIAGGI, HOYLMAN, MAY, RIVERA -- 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 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  recommitted to the Committee on Elections in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading -- again amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the election law, in relation to the exercise of  powers
   and  duties  of the board of elections of the city of New York and its
   executive management
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Notwithstanding  any inconsistent provision of law to the
 contrary, on the effective date of this act the term of each commission-
 er of the New York City Board of  Elections,  or  any  vacant  position,
 shall  be  deemed expired, and each such commissioner or vacant position
 shall be replaced with new appointments made pursuant to this section.
   In the city of New York, the county committee of each major  political
 party  shall,  within  sixty  days after the effective date of this act,
 file a certificate of party recommendation with the clerk  of  the  city
 council  of  the  city of New York recommending one qualified individual
 for consideration to serve as a  commissioner  of  elections.  The  city
 council  shall  immediately,  or as soon as practicable but no more than
 thirty days thereafter, hold a public hearing on  such  recommendations,
 and  provided  further,  no more than thirty days thereafter confirm two
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04954-28-2

 S. 6226--E                          2
 
 qualified individuals for such positions, who shall succeed those  indi-
 viduals whose terms shall have expired pursuant to this section.
   §  2.  The  section  heading and subdivision 3 of section 3-200 of the
 election law, the section heading as amended by chapter 373 of the  laws
 of 1978, are amended to read as follows:
   Boards   of  elections;  creation,  qualifications  of  commissioners,
 removal; ADDITIONAL QUALIFICATIONS AND TRAINING IN THE CITY OF NEW YORK.
   3. In the city of New York  the  board  shall  consist  of  [ten]  TWO
 commissioners  of election who [shall be registered voters in the county
 for which they are appointed and they] shall be appointed  by  the  city
 council  of the city of New York. [Not more than two commissioners shall
 be registered voters of the same county] NO  TWO  COMMISSIONERS  MAY  BE
 RESIDENTS OF THE SAME COUNTY OR REGISTERED VOTERS OF THE SAME PARTY.
   § 3. Subdivisions 2 and 4 of section 3-204 of the election law, subdi-
 vision  2 as amended by chapter 453 of the laws of 1997, and subdivision
 4 as amended by chapter 116 of the laws of 2010, are amended to read  as
 follows:
   2.  (A)  Party recommendations for election commissioner shall be made
 by the county committee or by such other committee as the rules  of  the
 party  may  provide, by a majority of the votes cast at a meeting of the
 members of such committee at which a quorum is present. If at any time a
 vacancy occurs in the office of any election commissioner other than  by
 expiration of term of office, party recommendations to fill such vacancy
 shall  be made by the county committee or by such other committee as the
 rules of the party may provide, by a majority of the  votes  cast  at  a
 meeting of the members of such committee at which a quorum is present.
   (B) PARTY RECOMMENDATIONS FOR ELECTION COMMISSIONER IN THE CITY OF NEW
 YORK  OR  TO  FILL  A VACANCY IN SUCH OFFICE SHALL BE MADE BY THE COUNTY
 COMMITTEE OR BY SUCH OTHER COMMITTEE AS  THE  RULES  OF  THE  PARTY  MAY
 PROVIDE,  BY A MAJORITY OF THE VOTES CAST AT A MEETING OF THE MEMBERS OF
 SUCH COMMITTEE AT WHICH A QUORUM IS PRESENT.  EACH PARTY  SHALL,  WITHIN
 SIXTY DAYS OF A VACANCY, FILE A CERTIFICATE OF PARTY RECOMMENDATION WITH
 THE  CLERK  OF THE CITY COUNCIL OF THE CITY OF NEW YORK RECOMMENDING ONE
 INDIVIDUAL FOR CONSIDERATION TO SERVE AS A  COMMISSIONER  OF  ELECTIONS.
 THE  CITY  COUNCIL  SHALL  IMMEDIATELY, OR AS SOON AS PRACTICABLE BUT NO
 MORE THAN THIRTY DAYS THEREAFTER, HOLD A PUBLIC HEARING ON  SUCH  RECOM-
 MENDATIONS  AND  PROVIDED  FURTHER,  NO MORE THAN THIRTY DAYS THEREAFTER
 CONFIRM AN INDIVIDUAL FOR SUCH POSITION.
   4. Commissioners of election shall be appointed by the county legisla-
 tive body, or in the city of New York, by the city council  FOLLOWING  A
 PUBLIC  HEARING.    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 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 upon the expiration of thirty days from
 the date that the certificate was filed. If none of the persons named in
 any of the certificates filed by a party are so appointed  within  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
 S. 6226--E                          3
 
 this  section,  the  members  of the legislative body who are members of
 such party may appoint any eligible person to such office.
   §  4.  The  section  heading  of  section 3-212 of the election law is
 amended and a new subdivision 6 is added to read as follows:
   Boards of elections; organization, proceedings, reports  and  records;
 BUDGET REPORTING IN THE CITY OF NEW YORK.
   6.  IF,  AT  ANY  TIME  DURING THE CITY FISCAL YEAR OF THE CITY OF NEW
 YORK, THE DIRECTOR OF MANAGEMENT AND BUDGET OF SUCH CITY DETERMINES THAT
 THE EXPENDITURES OF THE BOARD OF ELECTIONS OF THE CITY OF NEW  YORK  ARE
 REASONABLY  LIKELY  TO EXCEED APPROPRIATIONS TO SUCH BOARD FOR PERSONNEL
 SERVICES OR OTHER THAN PERSONNEL SERVICES FOR A QUARTER  OF  THE  FISCAL
 YEAR,  BASED UPON A REASONABLE ALLOTMENT BY SUCH DIRECTOR OF SUCH APPRO-
 PRIATIONS TO SUCH QUARTER, OR FOR THE ENTIRE FISCAL YEAR, SUCH  DIRECTOR
 SHALL  PROVIDE  WRITTEN  NOTICE  OF  SUCH DETERMINATION TO THE EXECUTIVE
 DIRECTOR OF SUCH BOARD, THE MAYOR OF SUCH CITY, THE SPEAKER OF THE  CITY
 COUNCIL  OF  SUCH  CITY,  AND THE PUBLIC ADVOCATE OF SUCH CITY, TOGETHER
 WITH ANY RELEVANT REQUESTS FOR ADDITIONAL DATA OR INFORMATION  THAT  THE
 DIRECTOR  DETERMINES  TO  BE  MATERIAL TO SUCH BOARD'S LEVEL OF EXPENDI-
 TURES. WITHIN TWENTY DAYS  OF  RECEIVING  SUCH  NOTICE,  SUCH  EXECUTIVE
 DIRECTOR  SHALL  SUBMIT  TO  SUCH  DIRECTOR,  MAYOR, PUBLIC ADVOCATE AND
 SPEAKER A PROJECTION OF WHETHER AND BY WHAT AMOUNT IT  WILL  EXCEED  ITS
 APPROPRIATIONS  FOR PERSONNEL SERVICES AND OTHER THAN PERSONNEL SERVICES
 FOR EACH QUARTER AND THE ENTIRE FISCAL YEAR, TOGETHER  WITH  A  DETAILED
 EXPLANATION  OF  THE NEEDS JUSTIFYING ANY SUCH PROJECTED EXCESS EXPENDI-
 TURES.  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED  TO  PREVENT  THE
 DIRECTOR  FROM  REQUIRING  THE  FURNISHING  OF DATA AND INFORMATION, AND
 ANSWERS TO PERTINENT INQUIRIES, AT ANY TIME IN ACCORDANCE  WITH  SECTION
 TWO HUNDRED TWENTY-FIVE OF THE NEW YORK CITY CHARTER.
   § 5. Section 3-300 of the election law is amended to read as follows:
   §  3-300.  Board employees; appointment. [Every] 1. EXCEPT AS PROVIDED
 IN SUBDIVISION TWO OF THIS  SECTION,  EVERY  board  of  elections  shall
 appoint, and at its pleasure remove, clerks, voting machine technicians,
 custodians  and  other  employees,  fix  their  number,  prescribe their
 duties, fix their titles and rank and establish  their  salaries  within
 the  amounts  appropriated  therefor  by the local legislative body [and
 shall secure in the appointment of employees of the board  of  elections
 equal representation of the major political parties]. Every commissioner
 in  each  board  of  elections  except for commissioners of the board of
 elections of the city of New York, may approve and at pleasure remove  a
 deputy, establish his OR HER title and prescribe his OR HER duties. [In]
   2.  THERE SHALL BE EQUAL REPRESENTATION OF THE MAJOR POLITICAL PARTIES
 AMONG THOSE EMPLOYEES OF THE BOARD OF ELECTIONS CHARGED WITH THE DUTY OF
 QUALIFYING VOTERS, DISTRIBUTING BALLOTS TO VOTERS, OR RECEIVING, RECORD-
 ING OR COUNTING VOTES AT ELECTIONS.
   3. (A) NOTWITHSTANDING ANY PROVISION OF GENERAL, SPECIAL OR LOCAL LAW,
 IN the city of New York, [the board of elections shall appoint] an exec-
 utive director [and a deputy executive director whose duties it shall be
 to supervise the operations of the board of elections under  the  super-
 vision of such board] SHALL BE APPOINTED AND MAY BE REMOVED, IN A MANNER
 SET  FORTH  IN PARAGRAPH (B) OF THIS SUBDIVISION. IT SHALL BE THEIR DUTY
 TO SUPERVISE THE OPERATIONS OF THE BOARD OF ELECTIONS IN ACCORDANCE WITH
 THIS SUBDIVISION. THE EXECUTIVE DIRECTOR SHALL BE SELECTED  FOLLOWING  A
 NATIONWIDE  SEARCH  FOR QUALIFIED AND EXPERIENCED CANDIDATES. THEY SHALL
 SERVE A TERM OF FOUR YEARS.
   (B) THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK  SHALL  ADVISE  THE
 EXECUTIVE  DIRECTOR ON MATTERS OF POLICY AFFECTING THE ADMINISTRATION OF
 S. 6226--E                          4
 
 ELECTIONS IN THE CITY OF NEW YORK. EXCEPT AS EXPRESSLY PROVIDED IN  THIS
 SUBDIVISION, SUCH BOARD SHALL EXERCISE NO EXECUTIVE POWER AND PERFORM NO
 EXECUTIVE  OR  ADMINISTRATIVE FUNCTIONS. EXCEPT AS EXPRESSLY PROVIDED IN
 THIS  SUBDIVISION,  SUCH  BOARD  SHALL  MAKE NO INDIVIDUALIZED DECISIONS
 CONCERNING THE EMPLOYMENT OF ANY SPECIFIC PERSON  OR  THE  REGISTRATION,
 PRE-REGISTRATION,  ENROLLMENT OR QUALIFICATIONS OF ANY SPECIFIC VOTER OR
 APPLICANT. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE  OR
 AUTHORIZE  THE  DAY-TO-DAY  SUPERVISION OF THE EXECUTIVE DIRECTOR BY THE
 BOARD. THE BOARD MAY DELEGATE POWERS AND DUTIES CONFERRED UPON THE BOARD
 TO THE EXECUTIVE DIRECTOR, TO BE EXERCISED CONSISTENT WITH PARAGRAPH (E)
 OF THIS SUBDIVISION. IN THE CASE OF A  VACANCY,  AN  EXECUTIVE  DIRECTOR
 SHALL  BE APPOINTED TO SERVE THE REMAINDER OF THE UNEXPIRED TERM ACCORD-
 ING TO THE ORIGINAL MANNER OF  APPOINTMENT  OF  THE  PREVIOUS  EXECUTIVE
 DIRECTOR.
   (C)(1)    FOR  PURPOSES  OF  THIS  PARAGRAPH AND PARAGRAPH (F) OF THIS
 SUBDIVISION, THE TERM "APPOINTING AUTHORITIES" SHALL MEAN THE  MAYOR  OF
 THE  CITY OF NEW YORK, THE SPEAKER OF THE CITY COUNCIL OF SUCH CITY, AND
 THE PUBLIC ADVOCATE OF SUCH CITY, WHO SHALL ACT PURSUANT TO THIS  SUBDI-
 VISION  BY CONCURRING ACTION OF AT LEAST TWO OF SUCH OFFICIALS, PROVIDED
 THAT THE MAYOR SHALL BE ONE OF THE CONCURRING OFFICIALS.
   (2) NO EARLIER THAN THE FIRST DAY OF JANUARY AND  NO  LATER  THAN  THE
 FIRST DAY OF FEBRUARY IN TWO THOUSAND TWENTY-THREE AND IN EVERY CALENDAR
 YEAR  THEREAFTER DURING WHICH THE FOUR-YEAR TERM OF THE EXECUTIVE DIREC-
 TOR IS TO EXPIRE, THE COMMISSIONERS OF ELECTION FOR EACH POLITICAL PARTY
 SHALL FILE ONE OR MORE CERTIFICATES OF  PARTY  RECOMMENDATION  WITH  THE
 APPOINTING AUTHORITIES, AS DESCRIBED IN THIS PARAGRAPH.
   (3)  PARTY RECOMMENDATIONS FOR EXECUTIVE DIRECTOR SHALL BE MADE BY THE
 COMMISSIONER OF ELECTION FOR EACH  POLITICAL  PARTY.  SUCH  COMMISSIONER
 SHALL RECOMMEND NO FEWER THAN THREE CANDIDATES FOR THE POSITION OF EXEC-
 UTIVE DIRECTOR.  IF AT ANY TIME A VACANCY OCCURS IN THE OFFICE OF EXECU-
 TIVE  DIRECTOR  OTHER  THAN  BY  EXPIRATION  OF  TERM OF OFFICE, OR IF A
 REQUEST FOR ADDITIONAL CANDIDATES IS MADE BY THE APPOINTING  AUTHORITIES
 PURSUANT  TO  SUBPARAGRAPH FOUR OF THIS PARAGRAPH, PARTY RECOMMENDATIONS
 TO FILL SUCH VACANCY SHALL BE MADE WITHIN THIRTY  DAYS.  IF  FEWER  THAN
 THREE  CANDIDATES ARE RECOMMENDED IN A TIMELY MANNER BY THE COMMISSIONER
 OF ELECTION FOR THE APPLICABLE POLITICAL PARTY THEN THE MEMBERS  OF  THE
 CITY  COUNCIL  WHO ARE MEMBERS OF THE APPLICABLE POLITICAL PARTY MAY, BY
 MAJORITY VOTE OF SUCH MEMBERS, FILE CERTIFICATES OF PARTY RECOMMENDATION
 WITH THE APPOINTING AUTHORITIES WITHIN FIFTEEN DAYS AFTER THE EXPIRATION
 OF THE TIME FOR FILING BY  THE  COMMISSIONERS  OF  ELECTION,  SO  AS  TO
 INCREASE  THE TOTAL NUMBER OF CANDIDATES TO THREE. IF THE MEMBERS OF THE
 CITY COUNCIL FROM ONE POLITICAL PARTY DO NOT RECOMMEND  ANY  CANDIDATES,
 THE  APPOINTING  AUTHORITIES  WILL  CHOOSE  FROM  THE LIST OF CANDIDATES
 SUBMITTED.
   (4) CANDIDATES CONSIDERED FOR  EXECUTIVE  DIRECTOR  MUST  SATISFY  ALL
 QUALIFICATIONS  REQUIRED FOR LOCAL OFFICERS PURSUANT TO THE PUBLIC OFFI-
 CERS LAW. FURTHER, NO LATER THAN  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-TWO,  THE  STATE  BOARD  OF  ELECTIONS SHALL PRESCRIBE ADDITIONAL
 QUALIFICATIONS FOR THE POSITION OF EXECUTIVE DIRECTOR, WHICH SHALL APPLY
 TO RECOMMENDATIONS AND APPOINTMENTS MADE THEREAFTER. SUCH QUALIFICATIONS
 SHALL THEREAFTER BE REVIEWED BY SUCH  BOARD AT    LEAST EVERY  TWO YEARS
 AND UPDATED AS    NECESSARY, AND SHALL BE PRESCRIBED ONLY AFTER  CONSID-
 ERATION OF THE SKILLS AND KNOWLEDGE NECESSARY OR USEFUL FOR THE EXERCISE
 OF THE DUTIES  AND   RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR, AS WELL
 AS THE ABILITY TO RECRUIT A SUFFICIENT NUMBER OF CANDIDATES TO BE EXECU-
 TIVE DIRECTOR.
 S. 6226--E                          5
 
   (5)  THE  EXECUTIVE DIRECTOR SHALL   BE   APPOINTED   JOINTLY  BY  THE
 APPOINTING  AUTHORITIES  IN ACCORDANCE WITH THIS SUBDIVISION, FROM AMONG
 THE CANDIDATES RECOMMENDED PURSUANT TO SUBPARAGRAPH THREE OF THIS  PARA-
 GRAPH.
   (6)  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS PARAGRAPH, NO
 EARLIER THAN THE FIRST DAY OF JANUARY AND NO LATER THAN THE THIRTY-FIRST
 DAY OF JANUARY IN THE LAST YEAR OF THE TERM OF THE  EXECUTIVE  DIRECTOR,
 THE  APPOINTING  AUTHORITIES AND COMMISSIONERS OF ELECTION, MAY AGREE TO
 ISSUE A CERTIFICATE OF PARTY RECOMMENDATION AND APPOINTMENT TO REAPPOINT
 SUCH EXECUTIVE DIRECTOR TO ANOTHER TERM OF OFFICE.  IN SUCH  EVENT,  THE
 PROCESS OTHERWISE SPECIFIED IN SUBPARAGRAPHS TWO, THREE AND FOUR OF THIS
 PARAGRAPH SHALL NOT APPLY.
   (7)  AN  EXECUTIVE DIRECTOR MAY BE REMOVED FROM OFFICE  FOR  CAUSE  BY
 THE APPOINTING AUTHORITIES.  IN ADDITION, AN EXECUTIVE DIRECTOR  MAY  BE
 REMOVED  WITHOUT CAUSE BY THE APPOINTING AUTHORITIES ACTING JOINTLY WITH
 THE  COMMISSIONERS  OF  ELECTION. ANY VACANCY   SO   RESULTING  SHALL BE
 FILLED IN THE MANNER PRESCRIBED BY THIS PARAGRAPH FOR FILLING VACANCIES.
   (D) THE BOARD SHALL HAVE THE POWER AND  DUTY  TO  TAKE  THE  FOLLOWING
 ACTIONS  TO THE EXTENT OTHERWISE CONSISTENT WITH THE JURISDICTION OF THE
 BOARD PURSUANT TO THIS CHAPTER:
   (1) MAKE DETERMINATIONS REGARDING THE NOMINATION  AND  DESIGNATION  OF
 CANDIDATES FOR PUBLIC OFFICE AND PARTY POSITIONS PURSUANT TO ARTICLE SIX
 OF THIS CHAPTER OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (2)  MAKE  DETERMINATIONS  REGARDING  THE FORM AND CONTENT OF BALLOTS,
 INCLUDING BUT NOT LIMITED TO THE DETERMINATION OF CANDIDATES  AND  QUES-
 TIONS  TO APPEAR ON THE BALLOT PURSUANT TO SECTION 4-114 OF THIS CHAPTER
 AND THE CERTIFICATION OF BALLOTS PURSUANT TO TITLE ONE OF ARTICLE  SEVEN
 OF THIS CHAPTER OR ANY OTHER RELEVANT PROVISION OF THIS CHAPTER;
   (3)  ADOPT  RESOLUTIONS  ELIMINATING  MEETINGS  FOR LOCAL REGISTRATION
 PURSUANT TO SUBDIVISION SIX OF SECTION 5-202 OF THIS CHAPTER;
   (4) MAKE DETERMINATIONS CONCERNING CHALLENGES  TO  VOTER  REGISTRATION
 AND  APPLICATIONS  OF  VOTERS  UNLAWFULLY  DENIED THE RIGHT TO REGISTER,
 PURSUANT TO TITLE TWO OF ARTICLE FIVE OF THIS CHAPTER;
   (5) MAKE DETERMINATIONS CONCERNING THE  ADOPTION  AND  USE  OF  VOTING
 MACHINES OR SYSTEMS PURSUANT TO SECTION 7-200 OF THIS CHAPTER;
   (6) CANVASS ELECTION RESULTS AND PERFORM ALL FUNCTIONS OF THE BOARD OF
 CANVASSERS  IN  THE  CITY  OF NEW YORK, INCLUDING BUT NOT LIMITED TO THE
 CERTIFICATION OF ELECTION RESULTS, PURSUANT TO ARTICLE NINE OR ANY OTHER
 RELEVANT PROVISION OF THIS CHAPTER;
   (7) TAKE ANY ACTION AUTHORIZED BY SECTION 3-218 OF THIS ARTICLE;
   (8) APPROVE ANY CONTRACT WHERE:
   (I) SUCH CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER  THAN  COMPET-
 ITIVE  SEALED  BIDDING  WHERE  THE  CONTRACT  WAS  AWARDED TO THE LOWEST
 RESPONSIBLE BIDDER;
   (II) SUCH CONTRACT PROVIDES  FOR  TECHNICAL,  CONSULTANT  OR  PERSONAL
 SERVICES;
   (III) THE VALUE OF THE CONTRACT EXCEEDS OR PROJECTS AN ANNUAL EXPENDI-
 TURE  EXCEEDING  ONE  MILLION  DOLLARS  FOR THE FISCAL YEAR OR WHERE THE
 VALUE OF ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS OR IS PROJECT-
 ED TO EXCEED ONE MILLION DOLLARS FOR THE FISCAL YEAR; AND
   (9) PROMULGATE REGULATIONS, ISSUE ORDERS AND MAKE DECISIONS  REGARDING
 GENERAL  POLICIES  AFFECTING THE ADMINISTRATION OF ELECTIONS OF THE CITY
 OF NEW YORK.
   (E) THE EXECUTIVE DIRECTOR SHALL SERVE AS THE CHIEF EXECUTIVE FOR  THE
 BOARD  OF ELECTIONS OF THE CITY OF NEW YORK AND SHALL EXERCISE ALL THEIR
 POWERS AND DUTIES IN A MANNER NOT INCONSISTENT WITH THE  POLICIES  OF  A
 S. 6226--E                          6
 
 BOARD. THE EXECUTIVE DIRECTOR MAY DELEGATE POWERS AND DUTIES TO A DEPUTY
 DIRECTOR  AND MAY DELEGATE POWERS AND DUTIES TO EMPLOYEES IN FURTHERANCE
 OF THE PURPOSES OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO THE ABILI-
 TY  TO  EXERCISE  THE POWERS AND DUTIES OF THE EXECUTIVE DIRECTOR IN THE
 EVENT OF A VACANCY.  SUCH POWERS AND DUTIES SHALL  INCLUDE  BUT  NOT  BE
 LIMITED TO:
   (1)  APPOINTING,  AND  AT  THEIR PLEASURE REMOVING, A DEPUTY DIRECTOR,
 CLERKS, VOTING MACHINE  TECHNICIANS,  CUSTODIANS  AND  OTHER  EMPLOYEES,
 FIXING  THEIR  NUMBER, PRESCRIBING THEIR DUTIES, FIXING THEIR TITLES AND
 RANK AND ESTABLISHING THEIR SALARIES  WITHIN  THE  AMOUNTS  APPROPRIATED
 THEREFOR  IN  THE  EXPENSE BUDGET OF THE CITY OF NEW YORK, PROVIDED THAT
 THIS SUBPARAGRAPH SHALL NOT AFFECT THE FIXING OF A DAILY RATE OF COMPEN-
 SATION PURSUANT TO SUBDIVISION ONE OF SECTION 3-420 OF THIS ARTICLE.  IN
 EXERCISING THE POWERS CONFERRED BY THIS PARAGRAPH WITH  RESPECT  TO  THE
 APPOINTMENT  OF EMPLOYEES, THE EXECUTIVE DIRECTOR SHALL, IN CONSULTATION
 WITH THE NEW YORK CITY DEPARTMENT OF  CITYWIDE  ADMINISTRATIVE  SERVICES
 ESTABLISH WRITTEN POLICIES AND PROCEDURES ON PERSONNEL, INCLUDING EXECU-
 TIVE  STAFF,  OTHER THAN THOSE PAID AT A DAILY RATE PURSUANT TO SUBDIVI-
 SION ONE OF SECTION 3-420 OF THIS ARTICLE, WITHIN  NINETY  DAYS  OF  THE
 EFFECTIVE  DATE  OF  THIS  PARAGRAPH. SUCH POLICIES AND PROCEDURES SHALL
 INCLUDE:
   (I) SPECIFICATIONS SETTING FORTH THE QUALIFICATIONS FOR AND THE NATURE
 AND SCOPE OF THE DUTIES AND RESPONSIBILITIES OF  EACH  TITLE,  INCLUDING
 EXECUTIVE STAFF, WITH APPOINTMENTS TO BE MADE CONSISTENT WITH SUCH SPEC-
 IFICATIONS.  SUCH  SPECIFICATIONS  SHALL  IN  ADDITION  TO SECURING SUCH
 REPRESENTATION, GIVE DUE WEIGHT TO  SENIORITY,  PREVIOUS  TRAININGS  AND
 EXPERIENCE,  PREVIOUS  WORK  FOR  THE BOARD OF ELECTIONS OR IN ELECTIONS
 ADMINISTRATION OR IN VOTING RIGHTS, EDUCATION AND  PROFESSIONAL  CREDEN-
 TIALS, AND PERFORMANCE RATINGS WHERE AVAILABLE. THIS PARAGRAPH SHALL NOT
 BE CONSTRUED TO REQUIRE THE PREPARATION OF ADMINISTRATION OF COMPETITIVE
 EXAMINATION OF ELIGIBLE LIST FOR ANY TITLE, NOR SHALL IT BE CONSTRUED TO
 REQUIRE  THE  TERMINATION  OF  ANY  INDIVIDUAL  EMPLOYED BY THE BOARD OF
 ELECTIONS OF THE CITY OF NEW YORK PRIOR TO  THE  ESTABLISHMENT  OF  SUCH
 SPECIFICATIONS;
   (II)  POLICIES  PROTECTING  EMPLOYEES  FROM RETALIATION FOR DISCLOSING
 INFORMATION CONCERNING ACTS OF WRONGDOING,  MISCONDUCT,  MALFEASANCE  OF
 OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER;
   (III)  POLICIES  PROVIDING FOR APPROPRIATE ONGOING TRAINING OF EMPLOY-
 EES, INCLUDING THOSE INDIVIDUALS EMPLOYED PRIOR TO THE ESTABLISHMENT  OF
 SUCH  POLICIES, WITH THE PURPOSE OF ENSURING THAT ALL EMPLOYEES HAVE THE
 KNOWLEDGE AND EXPERIENCE TO FULFILL THE DUTIES OF THE POSITION THAT THEY
 HOLD;
   (IV) POLICIES TO REQUIRE THE POSTING OF ALL VACANT POSITIONS  FOURTEEN
 DAYS  BEFORE  INTERVIEWS  COMMENCE.  ALL POSTINGS SHALL BE ON A PUBLICLY
 ACCESSIBLE WEBSITE, IN THE CITY RECORD, OR ON AN OPEN DATA PORTAL. NOTH-
 ING SHALL PREVENT THE POSTING OF VACANCIES ON ALL THREE; AND
   (V) POLICIES ESTABLISHING AN EMPLOYEE PERFORMANCE  EVALUATION  PROGRAM
 BASED  UPON EVIDENCE OF WORK ACTUALLY PERFORMED BY EMPLOYEES AS COMPARED
 WITH PRE-ESTABLISHED PERFORMANCE STANDARDS;
   (2) EXERCISING ALL THE  POWERS  AND  DUTIES  DELEGATED  TO  BOARDS  OF
 ELECTIONS,  OR SPECIFICALLY TO THE BOARD OF ELECTIONS OF THE CITY OF NEW
 YORK, EXCEPT WHERE SUCH POWERS AND DUTIES  ARE  EXPRESSLY  RESERVED  FOR
 SUCH  BOARD  PURSUANT  TO  THIS  SUBDIVISION, IN ALL MATTERS RELATING TO
 QUALIFICATION OF VOTERS, VOTER REGISTRATION AND ENROLLMENT, CANCELLATION
 OF VOTER REGISTRATION, CHANGE OF VOTER STATUS AND  REGISTRATION  RECORDS
 PURSUANT  TO  ARTICLE  FIVE  OF THIS CHAPTER; IN ALL MATTERS RELATING TO
 S. 6226--E                          7
 
 CREATION AND ALTERATIONS OF ELECTION DISTRICTS PURSUANT TO ARTICLE  FOUR
 OF  THIS  CHAPTER,  AND IN ALL MATTERS RELATING TO DESIGNATION OF PLACES
 FOR REGISTRATION AND POLLING PLACES PURSUANT TO ARTICLES FIVE AND  EIGHT
 OF THIS CHAPTER; AND
   (3) EXERCISING THE POWERS AND DUTIES DELEGATED TO BOARDS OF ELECTIONS,
 OR  SPECIFICALLY  TO  THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK, IN
 ALL OTHER MATTERS RELATED TO THE ADMINISTRATION OF ELECTIONS IN THE CITY
 OF NEW YORK NOT OTHERWISE SPECIFIED IN THIS SUBDIVISION.
   (F) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, IN LIEU OF  ANY
 OTHERWISE  APPLICABLE  LAW  CONCERNING  PUBLIC  CONDUCT  OF  BUSINESS OR
 RENDERING OF  DETERMINATIONS  BY  THE  EXECUTIVE  DIRECTOR,  THEY  SHALL
 PROVIDE  INFORMATION  TO  THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
 AND THE PUBLIC IN ACCORDANCE WITH THIS PARAGRAPH.
   (1) AT REGULAR MEETINGS OF SUCH BOARD  CONDUCTED  IN  ACCORDANCE  WITH
 ARTICLE  SEVEN  OF THE PUBLIC OFFICERS LAW, THE EXECUTIVE DIRECTOR SHALL
 REPORT TO THE COMMISSIONERS OF SUCH BOARD ON THE DISCHARGE OF ANY POWERS
 AND DUTIES EXERCISED BY THE EXECUTIVE DIRECTOR UNDER  PARAGRAPH  (E)  OF
 THIS  SUBDIVISION  AS WELL AS ANY ADDITIONAL RELEVANT INFORMATION AS MAY
 BE REQUESTED BY MAJORITY VOTE OF SUCH BOARD. AT SUCH MEETINGS, A REASON-
 ABLE OPPORTUNITY SHALL BE PROVIDED TO THE PUBLIC TO PROVIDE ORAL COMMENT
 ON THE ACTIONS AND OPERATIONS OF THE BOARD AND ITS STAFF.
   (2) NOT LATER THAN JANUARY THIRTY-FIRST OF EACH  YEAR,  THE  EXECUTIVE
 DIRECTOR  SHALL PROVIDE TO THE APPOINTING AUTHORITIES A REPORT REGARDING
 THE ACTUAL PERFORMANCE OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK
 AS AN AGENCY FOR THE PREVIOUS CALENDAR YEAR,  RELATIVE  TO  PROGRAMMATIC
 GOALS  AND  MEASURES. SUCH REPORT SHALL INCLUDE SUCH ADDITIONAL INFORMA-
 TION, AND BE PRESENTED IN SUCH FORM, AS MAY BE SPECIFIED IN  WRITING  BY
 THE  CITY COUNCIL AND SPEAKER AND COMMUNICATED TO THE EXECUTIVE DIRECTOR
 NO LATER THAN DECEMBER FIRST OF THE  PREVIOUS  CALENDAR  YEAR,  PROVIDED
 THAT  ANY SPECIFICATION REQUIRING THE COLLECTION OR MAINTENANCE OF ADDI-
 TIONAL DATA NOT ALREADY COLLECTED OR MAINTAINED SHALL  BE  SPECIFIED  AT
 LEAST  THREE  MONTHS  PRIOR  TO  THE  ANTICIPATED  COMMENCEMENT  OF SUCH
 COLLECTION OR MAINTENANCE. FURTHER, AT LEAST ONCE ANNUALLY,  THE  EXECU-
 TIVE  DIRECTOR AND ELECTIONS COMMISSIONERS SHALL PRESENT ON THE FINDINGS
 OF THE REPORT AT A PUBLIC HEARING IN  FRONT  OF  THE  CITY  COUNCIL  AND
 ANSWER  ANY  QUESTIONS  OR  PROVIDE ANY ADDITIONAL FOLLOW UP INFORMATION
 ASKED FOR BY THE COUNCIL.
   (3) FOR EACH ELECTION, THE BOARD SHALL TRACK AND REPORT KEY VOTING AND
 ELECTION ADMINISTRATION DATA, INCLUDING: TURNOUT BY  ELECTION  DISTRICT;
 AVERAGE  WAIT  TIMES  BY POLL SITE AND ELECTION DISTRICT; CALL VOLUME BY
 POLL SITE AND TYPES OF COMPLAINTS RECEIVED; THE TYPE  AND  FREQUENCY  OF
 USE OF DIFFERENT VOTING METHODS, INCLUDING ABSENTEE, EARLY, AND ELECTION
 DAY  VOTING,  AFFIDAVIT  BALLOT  USAGE  RATES;  RATES OF AND REASONS FOR
 BALLOT REJECTIONS; AND, LANGUAGE INTERPRETER STAFFING  BY  LANGUAGE  PER
 POLL SITE.
   § 6. Subdivision 3 of section 4-136 of the election law, as amended by
 chapter 155 of the laws of 2010, is amended to read as follows:
   3.  In  the  city  of  New  York  all  leased  or purchased equipment,
 supplies, ballots, printing and publications, except  newspaper  notices
 and  advertisements,  to  be  used  or  furnished  by such board, may be
 procured for it by the purchasing department or agency of such  city  as
 if  such board were an agency of such city. Such board shall comply with
 the rules and regulations of the New York city procurement policy  board
 and  applicable  state law FOR ALL PURCHASE CONTRACTS, INCLUDING BUT NOT
 LIMITED TO PURCHASE OF GOODS, SERVICES OR TECHNOLOGY.
 S. 6226--E                          8
 
   § 7. Notwithstanding any inconsistent provision of  law,  the  current
 board  of elections commissioners for the city of New York shall perform
 the functions assigned to the  commissioners  until  the  expiration  of
 their term.
   § 8. Notwithstanding any inconsistent provision of this act, until the
 executive  director takes office in accordance with section 3-300 of the
 election law, as amended by section five  of  this  act,  the  executive
 director  or  deputy executive director of the board of elections of the
 city of New York appointed by such  board  and  representative  of  such
 party  shall  perform the functions assigned to the applicable executive
 director by such section of the election law, as amended by this act, or
 any other law.   Further, while  remaining  in  office,  such  executive
 director  and  deputy executive director shall be subject to removal and
 replacement by action of such board, consistent with the  provisions  of
 section 3-300 of the election law as such section was in existence prior
 to  its  amendment  by this act.   If an executive director has not been
 appointed by May 1, 2023, the status of the executive director or deputy
 executive director appointed by such board  and  representative  of  the
 applicable  political  party  shall  terminate,  and the new position of
 executive director shall be deemed  in  existence  and  vacant  for  all
 purposes after such date.
   §  9.  Severability.  If  any provision of this act is held invalid or
 ineffective in whole or in part or inapplicable to any person  or  situ-
 ation, such invalidity or holding shall not affect, impair or invalidate
 other  provisions  or  applications of this act that can be given effect
 without the invalid provision or application, and all  other  provisions
 thereof  shall  nevertheless  be  separately and fully effective, and to
 this end the provisions of this act are declared to be severable.
   § 10. This act shall take effect immediately; provided, however,  that
 sections  one, three, four, and five of this act shall take effect Janu-
 ary 1, 2023; and provided further, however, that sections six, seven and
 eight of this act shall take effect on the sixtieth day after  it  shall
 have become a law.

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senate Bill S6226A

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Votes

May 17, 2022 - floor Vote

Floor Vote: May 17, 2022

Feb 28, 2022 - Elections committee Vote

Committee Vote: Feb 28, 2022

Bill Amendments

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S6226 - Details

S6226 - Summary

S6226 - Sponsor Memo

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S6226A - Details

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S6226E (ACTIVE) - Details

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