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Who cares
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Sponsors
No co-sponsors yet.
History
- Substituted by A8525
- Advanced to third reading
- 2nd report cal.
- 1st report cal.530
- 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 or general idea of bill
This bill is intended to preserve the bipartisan nature of all boards of elections, as required by the New York State Constitution, by making the political party nomination of a board of elections commissioner effective within 30 days of the nomination when the legislative body fails to act on the nomination and there are no members of the legislative body who are members of the party making the nomination.
Summary of specific provisions
Section 1 of the bill amends election law § 3-204(4) to provide that when a legislative body fails to act on 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 upon the expiration of 30 days from the filing of the certificate of nomination.
Section 2 of the bill is the effective date.
Justification
Article II, section B of the New York Constitution requires that all laws creating, regulating or affecting boards of elections ensure equal representation of the 2 major political parties at such board. The Constitution further provides that the officers of such boards shall be appointed in such a manner as the Legislature directs upon the nomination of representatives of the each of the two major political parties. Election Law § 3-204 provides the mechanism for making the nomination and for the subsequent appointment of the nominee. Specifically, the commissioners shall be appointed by the legislative body in the county or, in the city of New York, by the city council. Moreover, if the legislative body fails to act within 30 days, the members of the legislative body who are members of the political party making the nomination, may appoint the nominee.
However, there are counties in New York which are governed by legislative bodies that contain only members of one of the major statewide political parties. The statute does not address how a nominated commissioner is appointed in such circumstances after the legislative body fails to act. This bill is intended to maintain the bipartisan nature of the board of elections by providing that an appointment will take effect within 30 days of the legislative body's failure to act when there are no members of the legislative body who are members of the party making the nomination.
Fiscal implication
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.