Senate Bill S2100A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2100--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 establishing a code of
   ethics for all board of elections employees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The election law is amended by adding a new section 3-201
 to read as follows:
   § 3-201. BOARDS OF ELECTIONS; EMPLOYEE CODE OF ETHICS. 1.  DEFINITION.
 AS USED IN THIS SECTION THE TERM "BOARD  OF  ELECTIONS  EMPLOYEE"  SHALL
 MEAN ANY PERMANENT FULL-TIME EMPLOYEE OF A BOARD OF ELECTIONS.
   2.  RULE  WITH RESPECT TO CONFLICTS OF INTEREST. NO BOARD OF ELECTIONS
 EMPLOYEE SHOULD HAVE ANY INTEREST, FINANCIAL  OR  OTHERWISE,  DIRECT  OR
 INDIRECT,  OR  ENGAGE  IN  ANY  BUSINESS  OR TRANSACTION OR PROFESSIONAL
 ACTIVITY OR INCUR ANY OBLIGATION OF ANY NATURE, WHICH IS IN  SUBSTANTIAL
 CONFLICT  WITH THE PROPER DISCHARGE OF THEIR DUTIES IN THE PUBLIC INTER-
 EST.
   3. STANDARDS. (A) NO BOARD OF ELECTIONS EMPLOYEE SHOULD  ACCEPT  OTHER
 EMPLOYMENT WHICH WILL IMPAIR THEIR INDEPENDENCE OF JUDGMENT IN THE EXER-
 CISE  OF  THEIR OFFICIAL DUTIES, INCLUDING BUT NOT LIMITED TO, RECEIVING
 COMPENSATION OR OTHER FORMS OF PAYMENT  FROM  A  CAMPAIGN  OR  POLITICAL
 CAMPAIGN ACCOUNT FOR NON-GOVERNMENTAL POLITICAL WORK.
   (B)  NO BOARD OF ELECTIONS EMPLOYEE SHOULD USE OR ATTEMPT TO USE THEIR
 OFFICIAL POSITION TO SECURE UNWARRANTED  PRIVILEGES  OR  EXEMPTIONS  FOR
 THEMSELVES OR OTHERS, INCLUDING BUT NOT LIMITED TO, THE MISAPPROPRIATION
 TO THEMSELVES OR TO OTHERS, OF THE PROPERTY, SERVICES OR OTHER RESOURCES
 OF  THE STATE FOR PRIVATE BUSINESS OR OTHER COMPENSATED NON-GOVERNMENTAL
 PURPOSES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06393-03-3
 S. 2100--A                          2
              

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