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Who cares
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Sponsors
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to elections
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides the timing of appointment of commissioners of election where no members of a legislative body who are members of the political party filing the certificate
Signed by Governor · Sponsor Addie Jenne
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 appointment of commissioners of election
Purpose
This bill is intended to preserve the bipartisan nature of the boards of elections, as required by the New York State Constitution, by making the nomination of a board of elections commissioner effective 30 days after the filing of the nomination certificate when the legislative body fails to appoint the nominee and there are no members of the legislative body who are members of the patty that made the nomination.
Summary of provisions
Section 1: Amends election law § 3-204(4) to provide that when a legislative body fails to appoint a political party's nomination of a board of elections commissioner and there are no members of the legislative body who are members of the party making the nomination, such appointment will take effect 30 days after the filing of the certificate of nomination.
Section 2: Provides for the Act to take 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. 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 for two consecutive years.
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.