Senate Bill S10662

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10662
 
                             I N  S E N A T E
 
                               July 15, 2026
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to amend the election law, in relation to conflicts of interest
   of boards of elections employees and election commissioners
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section 3-304 of election law, as added by chapter 639 of
 the laws of 2024, subdivision 2 as amended by chapter 105 of the laws of
 2025, is amended to read as follows:
   § 3-304. Board employees AND COMMISSIONERS; conflicts of interest.  1.
 AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "BOARD  OF  ELECTIONS  EMPLOYEE"  SHALL  MEAN ANY PERSON DIRECTLY
 COMPENSATED WITH WAGES OR SALARY BY A BOARD OF ELECTIONS FOR THEIR FULL-
 TIME OR PART-TIME WORK, EXCLUDING ELECTION INSPECTORS, POLL CLERKS,  AND
 ELECTION  COORDINATORS  COMPENSATED  SOLELY FOR THEIR WORK AT A GENERAL,
 PRIMARY, OR SPECIAL ELECTION.
   (B) "ELECTION COMMISSIONER" SHALL MEAN AS PROVIDED IN SUBDIVISION  TWO
 OF SECTION 3-200 OF THIS ARTICLE.
   (C)  "POLITICAL ACTION COMMITTEE" SHALL MEAN AS DEFINED IN SUBDIVISION
 SIXTEEN OF SECTION 14-100 OF THIS CHAPTER.
   (D) "OPERATIONAL CONTROL" SHALL MEAN ACTUAL AND STRATEGIC CONTROL OVER
 THE DAY-TO-DAY AFFAIRS OF A POLITICAL ACTION COMMITTEE.
   2. No board of elections employee 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 shall
 maintain a direct financial interest in or be employed by a vendor or  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 shall maintain a
 direct financial interest in or be employed by a vendor or company  that
 sells  to  the board voting machines, electronic poll books, printers or
 other technical or electronic equipment.  A  violation  of  any  of  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15824-01-6
 S. 10662                            2
 
 provisions  of  this  subdivision  shall  be cause for discipline by the
 board of elections, including removal of the board of elections  employ-
 ee.
   [2]  3.  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, without prior
 authorization by a majority vote of the board of elections commissioners
 and in accordance with the rules and regulations of the state board.
   (a) The state board shall promulgate rules and regulations relating to
 the  circumstances  that may permit a board of elections to authorize an
 employee who is also a candidate for an office who has an election over-
 seen by the board  at  which  they  are  employed  to  remain  employed,
 provided  that  such  employee  be  restricted  from  working on matters
 directly related to the  election  in  the  jurisdiction  in  which  the
 employee  is  a  candidate and any other restrictions set forth by state
 board rules and regulations.
   (b) For the purposes of this article, a board  of  elections  employee
 shall  be  deemed  a  candidate for elective office upon the filing of a
 designating or nominating petition 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 their candidacy shall cease, or upon the day following the
 certification of election  results  for  such  office,  whichever  comes
 first.
   (c)  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.
   (d) The provisions of this subdivision shall not apply to unpaid party
 positions.
   [3.]  4.  (A)  NO BOARD OF ELECTIONS EMPLOYEE OR ELECTION COMMISSIONER
 SHALL FORM, BE EMPLOYED BY, OR EXERT OPERATIONAL CONTROL OVER ANY  POLI-
 TICAL  ACTION  COMMITTEE  THAT  IS ORGANIZED FOR THE PURPOSE OF, OR THAT
 REGISTERS, FILES, OR MAKES EXPENDITURES IN CONNECTION WITH, ANY ELECTION
 ADMINISTERED IN WHOLE OR IN PART BY THE BOARD AT WHICH SUCH EMPLOYEE  IS
 EMPLOYED OR WHICH SUCH COMMISSIONER OVERSEES.
   (B) AN EMPLOYEE OR COMMISSIONER WHO DID NOT KNOW AND COULD NOT REASON-
 ABLY HAVE KNOWN OF SUCH REGISTRATION, FILING, OR EXPENDITURE AT THE TIME
 OF SUCH EMPLOYEE OR COMMISSIONER'S FORMATION, EMPLOYMENT, OR EXERTION OF
 OPERATIONAL  CONTROL  OVER  SUCH POLITICAL ACTION COMMITTEE SHALL NOT BE
 DEEMED IN VIOLATION OF THIS SECTION, BUT SHALL DIVEST  SUCH  INVOLVEMENT
 WITHIN THIRTY DAYS OF OBTAINING KNOWLEDGE THEREOF.
   (C)  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 PURSUANT TO SECTION 3-300 OF THIS TITLE,  OR
 REMOVAL  OF  THE ELECTION COMMISSIONER PURSUANT TO SECTION 3-200 OF THIS
 ARTICLE AS APPLICABLE.
   5. It shall not be considered a conflict of interest for  a  board  of
 elections  employee  who is a member of a county committee as defined in
 section 2-104 of this chapter, a district leader as outlined in  section
 2-110  of  this chapter, a member of the state committee as described in
 section 2-102 of this chapter, a delegate or an  alternate  delegate  to
 judicial  district  nominating conventions as described in section 6-124
 of this chapter, or a delegate or  an  alternate  delegate  to  national
 party  conventions as described in section 2-122 of this chapter who, as
 S. 10662                            3
 
 part of their duties in said party  position,  endorses  or  supports  a
 candidate for a party position or public office.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.