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This entry was published on 2022-07-01
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SECTION 3-102
State board of elections; general powers and duties
Election (ELN) CHAPTER 17, ARTICLE 3, TITLE 1
§ 3-102. State board of elections; general powers and duties. In
addition to the enforcement powers and any other powers and duties
specified by law, the state board of elections shall have the power and
duty to:

1. issue instructions and promulgate rules and regulations relating to
the administration of the election process, election campaign practices
and campaign financing practices consistent with the provisions of law;

2. visit boards of elections, examine their procedures and records and
direct that any such procedures be modified in any manner consistent
with the provisions of this chapter;

3. conduct any investigation necessary to carry out the provisions of
this chapter, provided, however, that the state board of elections chief
enforcement counsel, established pursuant to section 3-100 of this
article, shall conduct all investigations necessary to enforce the
provisions of this chapter;

4. conduct private or public hearings;

5. administer oaths or affirmations, subpoena witnesses, compel their
attendance, examine them under oath or affirmation and require the
production of any books, records, documents or other evidence it may
deem relevant or material;

6. confer immunity in accordance with the provisions of section 50.20
of the criminal procedure law, in any investigation relating to any
crime or offense with respect to which, by express provisions of
statute, a competent authority is authorized to confer immunity;
provided, however, that such immunity shall be conferred only after the
attorney general and appropriate district attorney are afforded the
opportunity to be heard respecting any objections which either may have
to the conferring thereof; and provided, further, that if either the
attorney general or any such appropriate district attorney shall object
to the conferring of immunity, immunity may be conferred only by
unanimous vote of all four commissioners of the state board;

7. institute, or direct a board of elections to institute such
judicial proceedings as may be necessary to enforce compliance with any
provision of article fourteen of this chapter or any regulation
promulgated thereunder including, but not limited to, application, on
notice served upon the respondent in the manner directed by the court at
least six hours prior to the time of return thereon, to a justice of the
supreme court within the judicial district in which an alleged violation
of any such provision or regulation occurred or is threatened, for an
order prohibiting the continued or threatened violation thereof or for
such other or further relief as the court may deem just and proper;

8. prepare uniform forms for the statements required by article
fourteen of this chapter and uniform forms for use by local election
officials in the conduct of registration and voting; design, prepare and
make available to county boards of election and to such other
institutions and groups as such board in its discretion shall determine
uniform application forms for registration and enrollment, transfer of
registration and/or enrollment and special enrollment upon application
filed by mail pursuant to the provisions of section 5-210 of this
chapter;

9. study and examine the administration of elections within the state
including campaign financing, campaign financing reporting, and campaign
practices;

9-A. (a) develop an electronic reporting system to process the
statements of campaign receipts, contributions, transfers and
expenditures required to be filed with any board of elections pursuant
to the provisions of sections 14-102, 14-104 and 14-201 of this chapter;

(b) prescribe the information required in the form for each statement
to be filed;

(c) establish an educational and training program on all reporting
requirements including but not limited to the electronic reporting
process and make it easily and readily available to any such candidate
or committee;

(d) make the electronic reporting process available to any such
candidate or committee which is required to file or which agrees to file
such statements by such electronic reporting process;

(e) cause all information contained in such a statement filed with the
state board of elections which is not on such electronic reporting
system to be entered into such system as soon as practicable but in no
event later than ten business days after its receipt by the state board
of elections; and

(f) make all data from electronic reporting process available at all
times on the internet.

10. establish rules allowing the admission of news media
representatives to the area of the polling place where the canvass of
ballots cast can be directly observed;

11. recommend such legislation or administrative measures as it finds
appropriate to promote fair, honest and efficiently administered
elections, including, but not limited to, legislation to adjust the
contribution limitations set forth in article fourteen of this chapter;

12. monitor the adequacy and effectiveness of the election laws and
report thereon at least annually to the governor and the legislature;

13. compile the information required with respect to the operation of
the National Voter Registration Act and report such information annually
to the governor, the legislature and the Federal Election Commission
together with an assessment of the operation of such act and any
recommendations for changes and improvements.

14. take all appropriate steps to encourage the broadest possible
voter participation in elections including the administration of a
program of registration form distribution by participating state
agencies as prescribed by section 5-211 of this chapter;

15. receive from the secretary of the senate and the clerk of the
assembly a list of the mailing addresses of senators and members of the
assembly. When members of the public, government officials, or agencies
request the mailing addresses of senators and members of the assembly,
the mailing addresses submitted to the board by the secretary of the
senate and the clerk of the assembly shall be provided;

16. administer the administrative complaint procedure as provided for
in section 3-105 of this article;

16-a. provide the department of corrections and community supervision
with a sufficient number of voter registration forms to allow the
department of corrections and community supervision to comply with the
duty to provide such voter registration forms to persons upon the
expiration of their maximum sentence of imprisonment. Such voter
registration forms shall be addressed to the state board of elections.

16-b. Develop and implement a program to educate attorneys, judges,
election officials, corrections officials, including parole and
probation officers, and members of the public regarding the requirements
of the chapter of the laws of two thousand twenty-one which added this
subdivision.

17. perform such other acts as may be necessary to carry out the
purposes of this chapter.

18. promulgate rules and regulations to provide for the ability of
individuals who do not exclusively identify as a binary gender to run
for positions elected in gendered contests which respect the
individuals' gender identity. In no case shall the board of elections
promulgate rules that are inconsistent with a system that requires
individuals filing for candidacy to self-identify their gender marker as
"M", "F", or "X", requires all candidates to run in a single race, and
maintains requirements for gender diversity.