Assembly Bill A2637

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2637
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 21, 2025
                                ___________
 
 Introduced  by  M.  of A. KELLES, CLARK -- read once and referred to the
   Committee on Election Law
 
 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01695-01-5
              

 A. 2637                             2
 
 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.