Assembly Bill A811

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    811
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Election Law
 
 AN  ACT  to  amend the election law, in relation to the authority of the
   state board of elections to issue subpoenas
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision 1 of section 3-104 of the
 election law, as amended by section 4 of subpart B of part H of  chapter
 55 of the laws of 2014,  is amended to read as follows:
   (b)  The  state  board of elections shall have jurisdiction of, and be
 responsible for, the execution and  enforcement  of  the  provisions  of
 article fourteen of this chapter and other statutes governing campaigns,
 elections  and  related  procedures;  provided  however  that  the chief
 enforcement counsel shall have sole authority within the state board  of
 elections to investigate on [his or her] THE CHIEF ENFORCEMENT COUNSEL'S
 own  initiative, or upon complaint, alleged violations of such statutes,
 and all complaints alleging violations shall be forwarded to  the  divi-
 sion of election law enforcement.
   §  2.   Subdivision 3 of section 3-104 of the election law, as amended
 by section 4 of subpart B of part H of chapter 55 of the laws  of  2014,
 is amended to read as follows:
   3. Upon receipt of a complaint and supporting information alleging any
 violation  of  this  chapter, or upon [his or her] THE CHIEF ENFORCEMENT
 COUNSEL'S own initiative, the chief enforcement counsel shall  determine
 if  an investigation should be undertaken. The chief enforcement counsel
 shall, if necessary, obtain additional information from the  complainant
 or  from  other  sources  to assist such counsel in making this determi-
 nation. Such analysis shall include the following:  first,  whether  the
 allegations,  if true, would constitute a violation of this chapter and,
 second, whether the allegations are supported by credible evidence.  The
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00866-01-5
 A. 811                              2
 
 chief  enforcement  counsel may at any time ask that the board authorize
 [him or her] THE CHIEF ENFORCEMENT COUNSEL to exercise the powers  which
 the  board  is otherwise authorized to exercise pursuant to subdivisions
 five  and  six  of section 3-102 of this title.  The board shall vote on
 whether to grant or refuse to grant such authority no later than  twenty
 days  after  the  chief  enforcement  counsel  makes  such  request. For
 purposes of considering and voting on such request, QUORUM  REQUIREMENTS
 ARE MET IF TWO BOARD MEMBERS AND THE CHIEF ENFORCEMENT COUNSEL ARE PRES-
 ENT  AT THE VOTE, AND the chief enforcement counsel shall be entitled to
 participate in all matters related thereto and shall vote on the board's
 granting or refusal to grant such request only  when  there  is  a  tie.
 Should  the  board  not  vote  on such request within twenty days of its
 submission, or grant the chief enforcement counsel's request, the  chief
 enforcement  counsel  shall  be so empowered to act pursuant to subdivi-
 sions five and six of section 3-102 of this title.
   § 3.  Within thirty days of the effective date of this act, the  state
 board  of  elections shall issue any rules and regulations necessary for
 the implementation of this act.
   § 4.  This act shall take effect immediately.