Assembly Bill A3804

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3804
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced by M. of A. TAYLOR -- read once and referred to the Committee
   on Election Law
 
 AN  ACT  to  amend  the  election law, in relation to the appointment of
   commissioners of elections
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  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:
   4.  (A)  Commissioners  of  election  shall be appointed by the county
 legislative body, or in the city of New York, by the city council.
   (B) Provided, however, that  if  a  legislative  body  shall  fail  to
 appoint  any  person recommended by a party for appointment as a commis-
 sioner pursuant to this section, within thirty days after the filing  of
 a  certificate  of  recommendation  with such legislative body, then the
 MEMBER OR 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] PERSON NAMED IN THE CERTIFICATE OF PARTY
 RECOMMENDATION SHALL BE DEEMED APPOINTED upon the expiration  of  thirty
 days from the date that the certificate was filed.
   (C)  WHERE  THE  LEGISLATIVE  BODY INCLUDES A MEMBER OR MEMBERS OF THE
 POLITICAL PARTY WHICH FILED SUCH CERTIFICATE, AND NO ACTION IS TAKEN  TO
 APPOINT  SUCH  RECOMMENDED PERSON BY EITHER THE LEGISLATIVE BODY OR SUCH
 MEMBER OR MEMBERS WITHIN SIXTY DAYS AFTER THE FILING OF ANY SUCH CERTIF-
 ICATE, THE PERSON NAMED IN SUCH CERTIFICATE SHALL  BE  DEEMED  APPOINTED
 UPON THE EXPIRATION OF SUCH SIXTY DAYS.
   (D)  If  [none  of  the], PURSUANT TO THIS SUBDIVISION, THE MEMBERS OF
 SUCH LEGISLATIVE BODY WHO ARE MEMBERS OF THE POLITICAL PARTY WHICH FILED
 SUCH CERTIFICATE REJECT ANY persons named in  any  of  the  certificates
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07970-01-3
              

 A. 3804                             2
 
 filed by a party [are so appointed within sixty days after the filing of
 any such certificate] BY MAJORITY VOTE, then such party may file another
 certificate  within  thirty days after [the expiration of any such sixty
 day  period] SUCH VOTE recommending a different person for such appoint-
 ment.
   (E) IF THE MEMBERS OF SUCH LEGISLATIVE BODY WHO  ARE  MEMBERS  OF  THE
 POLITICAL PARTY WHICH FILED SUCH CERTIFICATE FAIL TO APPOINT SUCH PERSON
 RECOMMENDED  BY A PARTY IN A SECOND CERTIFICATE OF RECOMMENDATION WITHIN
 THIRTY DAYS OF THE FILING OF SUCH CERTIFICATE, THE PERSON NAMED IN  SUCH
 CERTIFICATE SHALL BE DEEMED APPOINTED UPON THE EXPIRATION OF THIRTY DAYS
 FROM THE DATE THAT THE SECOND CERTIFICATE WAS FILED.
   (F)  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.
   § 2. This act shall take effect immediately.