NY State Senate Bill S612

Current Bill Status - On Floor Calendar

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 29, 2023	amended on third reading 612a
Mar 29, 2023	vote reconsidered - restored to third reading returned to senate recalled from assembly
Jan 10, 2023	referred to election law delivered to assembly passed senate
Jan 09, 2023	ordered to third reading cal.11 reported and committed to rules
Jan 05, 2023	referred to elections

Votes

view votes

Jan 10, 2023 - floor Vote

S612

floor

Aye

Nay

Absent

Excused

Abstained

Jan 9, 2023 - Elections committee Vote

S612

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Elections committee vote details

Elections Committee Vote: Jan 9, 2023

aye (6)

aye wr (1)

Borrello

Jan 9, 2023 - Rules committee Vote

S612

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S612 - Details

See Assembly Version of this Bill:: A1244
Law Section:: Election Law
Laws Affected:: Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:: S4542, A7561

S612 - Summary

Prohibits conflicts of interest among board of elections employees; prevents a board of elections employee with the exception of district leaders from remaining on the board of elections payroll while also a candidate for an office who has an election overseen by the board at which they are employed; allows for a member to remain on the board until 90 days before the general election if there is no primary for such office.

S612 - Sponsor Memo

 
BILL NUMBER: S612                       Revised 1/11/2023

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting conflicts
of interest among board of elections employees

 
PURPOSE:

To end the actual and perceived conflicts of interests of board of
elections employees caused by outside income related to the adminis-
tration of elections and supervision of elections in which they are
candidates.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. sets forth a ban on board of elections engaging in a trade or
business activity in which creates or may tend to create an actual or
potential conflict of interest and requires board of elections employees
to take a leave of absence when running for an office supervised by the
board at which they are employed during their candidacy.

Section 2 sets the effective date.

 
JUSTIFICATION:

Election integrity is critical to our democratic process. In order for
our democratic process to work, the public must have faith that boards
of election are acting in the best interest of the public and fairly
administering elections. Currently, this faith is being called into
question on a regular basis. Recently, a candidate for town board and
board of elections employee was in charge of deciding which polling
sites in their town would remain open when sites were reduced because of
COVID-19. Board of election employees and commissioners of elections
responsible for purchasing voting equipment are allowed to be paid
consultants of the vendors selling them equipment. Employees and commis-
sioners act as campaign managers and high level consultants for the
candidates whose votes they are charged with counting. All of these
situations have drawn public scrutiny and criticism. The public must be
confident that the board of elections is ensuring fair elections and not
individual benefit.

 
PRIOR LEGISLATIVE HISTORY:

2021/22: S4542-A (Mayer) / A7561 (Jacobson): passed Senate (2021);
passed Senate (2022)

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately provided that subdivision 1 of
section 3-304, as added by section one of this act, shall take effect
one year after this act shall have become a law.

S612 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    612
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER, 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  prohibiting  conflicts
   of interest among 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  3-304
 to read as follows:
   §  3-304.  BOARD  EMPLOYEES;  CONFLICTS  OF  INTEREST.  1. NO BOARD OF
 ELECTIONS EMPLOYEE SHALL ENGAGE IN OR PARTICIPATE IN ANY TRADE OR  BUSI-
 NESS  WHICH  CREATES,  OR  MAY  TEND  TO  CREATE, AN ACTUAL OR POTENTIAL
 CONFLICT OF INTEREST. NO BOARD OF ELECTIONS EMPLOYEE  SHALL  MAINTAIN  A
 FINANCIAL  INTEREST,  DIRECTLY  OR  INDIRECTLY,  IN  A COMPANY PROVIDING
 SERVICES TO A CANDIDATE WHO HAS AN ELECTION OVERSEEN BY SUCH  EMPLOYEE'S
 OFFICE,  INCLUDING  BUT  NOT  LIMITED  TO,  PRINTING COMPANIES, ELECTION
 CONSULTING COMPANIES, DIRECT MAIL COMPANIES AND DIGITAL MARKETING COMPA-
 NIES. NO BOARD OF ELECTIONS EMPLOYEE SHALL MAINTAIN A  FINANCIAL  INTER-
 EST,  DIRECTLY  OR  INDIRECTLY, IN OR BE EMPLOYED BY A VENDOR OR COMPANY
 THAT SELLS VOTING MACHINES,  ELECTRONIC  POLLBOOKS,  PRINTERS  OR  OTHER
 TECHNICAL OR ELECTRONIC EQUIPMENT.  A VIOLATION OF ANY OF THE PROVISIONS
 OF  THIS  SUBDIVISION  SHALL  BE  CAUSE  FOR  DISCIPLINE BY THE BOARD OF
 ELECTIONS, INCLUDING REMOVAL OF THE BOARD OF ELECTIONS EMPLOYEE.
   2. NO BOARD OF  ELECTIONS  EMPLOYEE  SHALL  REMAIN  ON  THE  BOARD  OF
 ELECTIONS  PAYROLL  WHILE  ALSO  A  CANDIDATE  FOR  AN OFFICE WHO HAS AN
 ELECTION OVERSEEN BY THE BOARD AT  WHICH  THEY  ARE  EMPLOYED.  FOR  THE
 PURPOSES  OF THIS ARTICLE, A BOARD OF ELECTIONS EMPLOYEE SHALL BE DEEMED
 A CANDIDATE FOR ELECTIVE OFFICE UPON THE FILING OF DESIGNATING PETITIONS
 FOR SUCH OFFICE OR, WHERE NOMINATIONS FOR SUCH  OFFICE  ARE  MADE  OTHER
 THAN  BY  PETITION,  UPON  ACCEPTANCE OF A NOMINATION. SUCH EMPLOYEE MAY
 REMAIN IN "LEAVE WITHOUT PAY" STATUS UNTIL  SUCH  TIME  AS  HIS  OR  HER
 CANDIDACY  SHALL  CEASE,  OR UPON THE DAY FOLLOWING THE CERTIFICATION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02172-01-3

 S. 612                              2
 
 ELECTION RESULTS FOR SUCH OFFICE, WHICHEVER COMES FIRST. NOTWITHSTANDING
 THE PROVISIONS OF THIS SECTION, WHEN THERE ARE NO PRIMARY ELECTIONS  FOR
 THE  OFFICE BEING SOUGHT BY A CANDIDATE THAT IS EMPLOYED BY THE BOARD OF
 ELECTIONS,  THAT  CANDIDATE MAY REMAIN ON THE BOARD OF ELECTIONS PAYROLL
 FOR NO MORE THAN NINETY DAYS PRIOR TO A GENERAL ELECTION.
   § 2. This act shall take effect immediately; provided that subdivision
 1 of section 3-304 of the election law, as added by section one of  this
 act, shall take effect one year after this act shall have become a law.

Co-Sponsors

S612A (ACTIVE) - Details

See Assembly Version of this Bill:: A1244
Law Section:: Election Law
Laws Affected:: Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:: S4542, A7561

S612A (ACTIVE) - Summary

S612A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S612A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting conflicts
of interest among board of elections employees

 
PURPOSE:

To end the actual and perceived conflicts of interests of board of
elections employees caused by outside income related to the adminis-
tration of elections and supervision of elections in which they are
candidates.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the election law by adding a new section 3-304 that
prohibits any board of elections employee, with the exception of a
district leader, from engaging or participating in any trade or business
that creates or tends to create an actual or potential conflict of
interest. Next, it prohibits a board of elections employee, with the

exception of a district leader, from maintaining any direct or indirect
financial interest in a company that provides services or sells machines
and/or equipment to a candidate who has an election overseen by that
employee's office. Lastly, it prohibits any board of elections employee
from remaining on the board's payroll while running for an office that
is supervised by the board at which they are employed during their
candidacy. Any employee that falls under that circumstance may remain in
"leave without pay" status until the time when either their candidacy
ends, or up until the day following certification of election results,
whichever comes first.

Section 2 sets the effective date.

 
JUSTIFICATION:

Election integrity is critical to our democratic process. In order for
our democratic process to work, the public must have faith that boards
of election are acting in the best interest of the public and fairly
administering elections. Currently, this faith is being called into
question on a regular basis. Recently, a candidate for town board and
board of elections employee was in charge of deciding which polling
sites in their town would remain open when sites were reduced because of
COVID-19.

Board of election employees and commissioners of elections responsible
for purchasing voting equipment are allowed to be paid consultants of
the vendors selling them equipment. Employees and commissioners act as
campaign managers and high level consultants for the candidates whose
votes they are charged with counting. All of these situations have drawn
public scrutiny and criticism. The public must be confident that the
board of elections is ensuring fair elections and not individual bene-
fit.

This legislation addresses this issue by preventing board of elections
employees, with the exception of district leaders as outlined in the
election law, from engaging or participating in any trade or business
that creates or may create an actual or potential conflict of interest.
It also prevents a board of election employee, with the exception of a
district leader, from maintaining a direct or indirect financial inter-
est in a company that provides services to a candidate or operates as a
vendor for equipment or machines, when that board employee's office has
oversight over that election. Lastly, it prevents any board of elections
employee, with the exception of a district leader, from remaining on the
board payroll while also running for office for a position the board of
elections has oversight over. If the board employee does elect to run,
then it allows that employee to remain in "leave without pay status"
throughout the pendency of the election.

This legislation adds a critical layer of accountability to the pursuit
of free and fair elections in New York State.

 
PRIOR LEGISLATIVE HISTORY:

2021/22: S4542-A (Mayer) / A7561 (Jacobson): passed Senate (2021);
passed Senate (2022)

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately provided that subdivision 1 of
section 3-304, as added by section one of this act, shall take effect
one year after this act shall have become a law.

S612A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  612--A
     Cal. No. 11
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER, MAY -- read twice and ordered printed, and
   when printed to be committed to the Committee on Elections -- reported
   favorably from said committee and committed to the Committee on  Rules
   -- reported favorably from said committee, ordered to a third reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, restored to 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 prohibiting conflicts
   of interest among 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 3-304
 to read as follows:
   § 3-304. BOARD EMPLOYEES;  CONFLICTS  OF  INTEREST.  1.  NO  BOARD  OF
 ELECTIONS  EMPLOYEE, WITH THE EXCEPTION OF A DISTRICT LEADER AS OUTLINED
 IN SECTION 2-110 OF THIS CHAPTER, SHALL ENGAGE IN OR PARTICIPATE IN  ANY
 TRADE  OR  BUSINESS  WHICH  CREATES, OR MAY TEND TO CREATE, AN ACTUAL OR
 POTENTIAL CONFLICT OF INTEREST. NO BOARD OF ELECTIONS EMPLOYEE, WITH THE
 EXCEPTION OF A DISTRICT LEADER AS OUTLINED  IN  SECTION  2-110  OF  THIS
 CHAPTER, SHALL MAINTAIN A FINANCIAL INTEREST, DIRECTLY OR INDIRECTLY, IN
 A COMPANY PROVIDING SERVICES TO A CANDIDATE WHO HAS AN ELECTION OVERSEEN
 BY SUCH EMPLOYEE'S OFFICE, INCLUDING BUT NOT LIMITED TO, PRINTING COMPA-
 NIES,  ELECTION  CONSULTING COMPANIES, DIRECT MAIL COMPANIES AND DIGITAL
 MARKETING COMPANIES. NO BOARD OF ELECTIONS EMPLOYEE, WITH THE  EXCEPTION
 OF A DISTRICT LEADER AS OUTLINED IN SECTION 2-110 OF THIS CHAPTER, SHALL
 MAINTAIN A FINANCIAL INTEREST, DIRECTLY OR INDIRECTLY, IN OR BE EMPLOYED
 BY A VENDOR OR COMPANY THAT SELLS VOTING MACHINES, ELECTRONIC POLLBOOKS,
 PRINTERS OR OTHER TECHNICAL OR ELECTRONIC EQUIPMENT.  A VIOLATION OF ANY
 OF  THE  PROVISIONS OF THIS SUBDIVISION SHALL BE CAUSE FOR DISCIPLINE BY
 THE BOARD OF ELECTIONS, INCLUDING REMOVAL  OF  THE  BOARD  OF  ELECTIONS
 EMPLOYEE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02172-04-3
 S. 612--A                           2
 
   2.  NO  BOARD  OF ELECTIONS EMPLOYEE, WITH THE EXCEPTION OF A DISTRICT
 LEADER AS OUTLINED IN SECTION 2-110 OF THIS CHAPTER, SHALL REMAIN ON THE
 BOARD OF ELECTIONS PAYROLL WHILE ALSO A CANDIDATE FOR AN OFFICE WHO  HAS
 AN  ELECTION  OVERSEEN  BY THE BOARD AT WHICH THEY ARE EMPLOYED. FOR THE
 PURPOSES  OF THIS ARTICLE, A BOARD OF ELECTIONS EMPLOYEE SHALL BE DEEMED
 A CANDIDATE FOR ELECTIVE OFFICE UPON THE FILING OF DESIGNATING PETITIONS
 FOR SUCH OFFICE OR, WHERE NOMINATIONS FOR SUCH  OFFICE  ARE  MADE  OTHER
 THAN  BY  PETITION,  UPON  ACCEPTANCE OF A NOMINATION. SUCH EMPLOYEE MAY
 REMAIN IN "LEAVE WITHOUT PAY" STATUS UNTIL  SUCH  TIME  AS  HIS  OR  HER
 CANDIDACY  SHALL  CEASE,  OR UPON THE DAY FOLLOWING THE CERTIFICATION OF
 ELECTION RESULTS FOR SUCH OFFICE, WHICHEVER COMES FIRST. NOTWITHSTANDING
 THE PROVISIONS OF THIS SECTION, WHEN THERE ARE NO PRIMARY ELECTIONS  FOR
 THE  OFFICE BEING SOUGHT BY A CANDIDATE THAT IS EMPLOYED BY THE BOARD OF
 ELECTIONS, THAT CANDIDATE MAY REMAIN ON THE BOARD OF  ELECTIONS  PAYROLL
 FOR NO MORE THAN NINETY DAYS PRIOR TO A GENERAL ELECTION.
   § 2. This act shall take effect immediately; provided that subdivision
 1  of section 3-304 of the election law, as added by section one of this
 act, shall take effect one year after this act shall have become a law.

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The New York State Senate

senate Bill S612

Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Jan 10, 2023 - floor Vote

Floor Vote: Jan 10, 2023

Jan 9, 2023 - Elections committee Vote

Elections Committee Vote: Jan 9, 2023

Jan 9, 2023 - Rules committee Vote

Rules Committee Vote: Jan 9, 2023

Bill Amendments

Co-Sponsors

S612 - Details

S612 - Summary

S612 - Sponsor Memo

S612 - Bill Text download pdf

Co-Sponsors

S612A (ACTIVE) - Details

S612A (ACTIVE) - Summary

S612A (ACTIVE) - Sponsor Memo

S612A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S612

Share this bill

Sponsored By

Shelley B. Mayer

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Jan 10, 2023 - floor Vote

Floor Vote: Jan 10, 2023

Jan 9, 2023 - Elections committee Vote

Elections Committee Vote: Jan 9, 2023

Jan 9, 2023 - Rules committee Vote

Rules Committee Vote: Jan 9, 2023

Bill Amendments

Co-Sponsors

Rachel May

S612 - Details

S612 - Summary

S612 - Sponsor Memo

S612 - Bill Text download pdf

Co-Sponsors

Rachel May

S612A (ACTIVE) - Details

S612A (ACTIVE) - Summary

S612A (ACTIVE) - Sponsor Memo

S612A (ACTIVE) - Bill Text download pdf

Comments