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Senate Bill S585A

2023-2024 Legislative Session

Relates to the removal of an election commissioner

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Archive: Last Bill Status - In Assembly Committee

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co-Sponsors

2023-S585 - Details

See Assembly Version of this Bill:
A9162
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §3-200, El L
Versions Introduced in Other Legislative Sessions:
2021-2022: S8337
2025-2026: S570, A2347

2023-S585 - Summary

Relates to the removal of an election commissioner by the governor or by affirmative vote of a majority of commissioners of the state board of elections for incompetence, misconduct, or other good cause, provided that prior to removal, such election commissioner shall be given a written copy of the charges against them and have an opportunity to be heard in their defense.

2023-S585 - Sponsor Memo

2023-S585 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    585
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  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  removal  of  an
   election commissioner
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 7 of section  3-200  of  the  election  law  is
 amended to read as follows:
   7. An election commissioner may be removed from office by the governor
 [for  cause in the same manner as a sheriff] OR BY AFFIRMATIVE VOTE OF A
 MAJORITY OF DULY CONFIRMED COMMISSIONERS OF THE STATE BOARD OF ELECTIONS
 FOR INCOMPETENCE, MISCONDUCT, OR OTHER GOOD CAUSE, PROVIDED  THAT  PRIOR
 TO  REMOVAL, SUCH ELECTION COMMISSIONER SHALL BE GIVEN A WRITTEN COPY OF
 THE CHARGES AGAINST HIM OR HER AND HAVE AN OPPORTUNITY TO  BE  HEARD  IN
 HIS OR HER DEFENSE. Any vacancy so resulting shall be filled in a manner
 prescribed by this article for filling vacancies.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03653-01-3

co-Sponsors

2023-S585A (ACTIVE) - Details

See Assembly Version of this Bill:
A9162
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §3-200, El L
Versions Introduced in Other Legislative Sessions:
2021-2022: S8337
2025-2026: S570, A2347

2023-S585A (ACTIVE) - Summary

Relates to the removal of an election commissioner by the governor or by affirmative vote of a majority of commissioners of the state board of elections for incompetence, misconduct, or other good cause, provided that prior to removal, such election commissioner shall be given a written copy of the charges against them and have an opportunity to be heard in their defense.

2023-S585A (ACTIVE) - Sponsor Memo

2023-S585A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  585--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  MAY,  WEBB -- read twice and ordered printed, and
   when printed to be committed to the Committee on Elections  --  recom-
   mitted 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  removal  of  an
   election commissioner
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of section  3-200  of  the  election  law  is
 amended to read as follows:
   7. An election commissioner may be removed from office by the governor
 [for  cause in the same manner as a sheriff] OR BY AFFIRMATIVE VOTE OF A
 MAJORITY OF COMMISSIONERS OF THE STATE BOARD OF ELECTIONS  FOR  INCOMPE-
 TENCE,  MISCONDUCT, OR OTHER GOOD CAUSE, PROVIDED THAT PRIOR TO REMOVAL,
 SUCH ELECTION COMMISSIONER SHALL BE GIVEN A WRITTEN COPY OF THE  CHARGES
 AGAINST  HIM  OR  HER  AND HAVE AN OPPORTUNITY TO BE HEARD IN HIS OR HER
 DEFENSE. Any vacancy so resulting shall be filled in a manner prescribed
 by this article for filling vacancies.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03653-02-3

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