S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1243
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M. of A. GALLAGHER, GONZALEZ-ROJAS, GALLAHAN, SEAWRIGHT,
   FORREST, EPSTEIN --  read  once  and  referred  to  the  Committee  on
   Election Law
 
 AN  ACT  to  amend  the  election  law, in relation to providing for the
   appointment and removal of commissioners of election;  and  to  repeal
   certain provisions of the election law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading of section 3-200 of the  election  law,
 as  amended  by  chapter  373 of the laws of 1978, is amended to read as
 follows:
   Boards  of  elections;  creation,  qualifications  of  commissioners[,
 removal].
   § 2. Subdivision 7 of section 3-200 of the election law is REPEALED.
   § 3. Section 3-202 of the election law is amended to read as follows:
   § 3-202. Election commissioners; term of office. 1. The term of office
 of an election commissioner shall be [two] FOUR years beginning [January
 first]  FEBRUARY FIFTEENTH of [each odd numbered year except that in the
 city of New York and the county of Schenectady the term  shall  be  four
 years  beginning on January] THE first alternate odd numbered year. [The
 county legislative body of any  other  county  may  determine  that  the
 commissioners  of  elections thereafter appointed shall serve for a term
 of four years. Such determination  may  be  rescinded  by  a  subsequent
 action  of  the  county  legislative body which shall take effect at the
 expiration of the terms of the commissioners then in office.]
   2. The local legislative body may, at any  time,  determine  that  the
 terms of office for commissioners shall be staggered and may make subse-
 quent appointments so as to provide for staggered terms of office there-
 after.
   § 4. Subdivision 4 of section 3-204 of the election law, as amended by
 chapter 116 of the laws of 2010, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00196-01-3
              

 A. 1243                             2
 
   4. Commissioners of election shall be appointed by the county legisla-
 tive  body,  or in the city of New York, by the city council.  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 political 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] COUNTY COMMITTEE OR SUCH OTHER COMMITTEE AS THE RULES OF THE
 PARTY MAY PROVIDE SHALL RECOMMEND NOT FEWER THAN TWO ADDITIONAL  PERSONS
 FOR  THE  COUNTY LEGISLATIVE BODY TO CHOOSE FROM. If none of the persons
 named in any of the certificates filed by a party are so appointed with-
 in 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.
   § 5. The election law is amended by adding a new section 3-206 to read
 as follows:
   §  3-206.  ELECTION  COMMISSIONERS;  REMOVAL.  1.  THE  STATE BOARD OF
 ELECTIONS SHALL HAVE THE POWER TO REMOVE THE  ELECTION  COMMISSIONER  OF
 ANY COUNTY FOR ANY WILLFUL VIOLATION OR NEGLECT OF DUTY UNDER THIS CHAP-
 TER,  OR WILLFULLY DISOBEYING ANY LAW, DECISION, ORDER, SETTLEMENT, RULE
 OR REGULATION OF THE STATE BOARD OF ELECTIONS.
   2. AN ELECTION COMMISSIONER MAY BE REMOVED FROM OFFICE BY THE GOVERNOR
 FOR CAUSE IN THE SAME MANNER AS A SHERIFF.
   3. ANY VACANCY SO RESULTING SHALL BE FILLED IN A MANNER PRESCRIBED  BY
 THIS ARTICLE FOR FILLING VACANCIES.
   § 6. This act shall take effect immediately.