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Who cares
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Sponsors
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History
- Referred to elections
- Referred to elections
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to the appointment of election commissioners
Purpose
Section 1: Amends Election Law section 3-204 subdivision 4 to provide that when a party has issued a certificate of recommendation for an election commissioner and the county legislative body (or, in the case of New York City, the City Council) has failed to appoint the recommended person within thirty days, then the party that recommended such appointment can submit a new certificate of recommendation for that commissioner and his or her appointment will become effective on the date of filing of that recommendation.
Section 2: Provides that the Act takes effect immediately.
Existing law
Under the existing law, when a legislative body fails to appoint the person recommended within thirty days, then the members of the legislative body who are members of the political party that filed the certificate of recommendation may appoint such person within sixty days after its filing. And, if none of the people in the certificate are so appointed, then the party may file another certificate recommending a different person after the end of that sixty day period.
Justification
When a county legislative body is not just controlled by one party, but its members solely belong to one party, there is nobody from the other party in the county legislature who can appoint that party's recommendation for election commissioner as permitted by the statute as it currently exists. The party in power could then block any appointment of an election commissioner from the other party, despite the requirement of the N.Y.S. Constitution, Article II, Section 8 that on boards of elections there shall be "equal representation of the two political parties ... All such boards and officers shall be appointed or elected in such manner, and upon the nomination of such representatives of said parties respectively, as the legislature may direct."
On September 25, 2008, the Democratic Committee in Hamilton County nominated Cathleen E. Rogers for reappointment as the Democratic Election Commissioner, a post which she has held since 1991. Nevertheless, reportedly because of undisclosed complaints, her appointment was delayed and tabled, and was not approved until more than ninety (90) days later on December 29, 2008. Because there were no Democratic members of the county legislature, there was no group of Democratic party members within the legislature who could appoint her as permitted by Section 3-204 subdivision 4. Taken to its ultimate extreme, which this incident approaches, a one party county legislature could force the other party to appoint an election commissioner chosen by the party that is in power.
The untenable situation created in Hamilton County has led the bipartisan Election Commissioners Association to not only recommend this legislation, but also to declare that it is their number one priority.
Legislative history
None.
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This bill is effective immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.