Assembly Bill A3161

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3161
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 Introduced  by  M.  of  A.  R. CARROLL  -- read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election law, in relation  to  prohibiting  election
   commissioners and deputy election commissioners from holding a public-
   ly elected office
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 3-200  of  the  election  law,  as
 amended  by  chapter  195  of  the  laws  of 2003, is amended to read as
 follows:
   4. No person [shall be] appointed as election commissioner  or  DEPUTY
 ELECTION  COMMISSIONER SHALL continue to hold office who is not a regis-
 tered voter in the county and not an enrolled member of the party recom-
 mending [his] THEIR appointment, OR WHO IS THE CHAIR OF  THE  RESPECTIVE
 DEMOCRATIC  OR REPUBLICAN PARTY OR COMMITTEE IN SUCH COUNTY or who holds
 any other public office, except that of commissioner  of  deeds,  notary
 public,  [village  officer, city or town justice,] member of a community
 board within the city of New York or trustee  or  officer  of  a  school
 district  outside  of  a  city; PROVIDED, HOWEVER, THAT THE PROVISION OF
 THIS SUBDIVISION PROHIBITING AN ELECTION COMMISSIONER OR DEPUTY ELECTION
 COMMISSIONER FROM CONTINUING TO HOLD OFFICE WHO  IS  THE  CHAIR  OF  THE
 RESPECTIVE  DEMOCRATIC  OR  REPUBLICAN PARTY OR COMMITTEE IN SUCH COUNTY
 SHALL NOT APPLY TO ANY PERSON CURRENTLY SERVING AS ELECTION COMMISSIONER
 OR DEPUTY ELECTION COMMISSIONER.
   § 2. Subdivision 6 of section 3-200 of the election law is amended  to
 read as follows:
   6.  An election commissioner OR DEPUTY ELECTION COMMISSIONER shall not
 be a candidate for any elective office which  [he]  THEY  would  not  be
 entitled  to  hold under the provisions of this article, unless [he has]
 THEY HAVE ceased by resignation or  otherwise,  to  be  commissioner  OR
 DEPUTY  COMMISSIONER  prior  to  [his]  THEIR  nomination or designation
 therefor.  Otherwise such nomination or designation shall  be  null  and
 void.
   § 3. This act shall take effect immediately.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06613-01-5