Prohibits election commissioners and deputy commissioners from holding a publicly elected office

4 Co-sponsors

• Tony Avella
• Ruben Diaz
• Kevin S. Parker
• Toby Ann Stavisky

BILL NUMBER:S1322

Title of bill

An act to amend the election law, in relation to prohibiting election commissioners and deputy elections commissioners from holding a publicly elected office

Purpose

This bill would prohibit election commissioners and deputy election commissioners from holding an elected office or serving as chairperson of the respective democratic or republican party or committee in such county with the exception of notary public, commissioner of deeds, member of a community board within the city of New York or trustee of school officer outside of a city.

Summary of provisions

This bill amends subdivision four of section 3-200 of the election law by adding deputy commissioner of elections to the section and striking provisions within the section that allow a commissioner of elections to be a village officer, town judge, city judge or as chairperson of the respective democratic or republican party or committee in such county.

Justification

This bill prohibits an election commissioner or deputy election commissioner from serving as a village officer, town judge, city judge or as chairperson of the respective democratic or republican party or committee in such county. Currently under the statute exceptions are carved out allowing these purportedly non-partisan appointed representatives to run for elected office in villages and as town and city judges. Under the current statute, it is illogical for commissioners and deputy commissioners to serve as neutral referees of the electoral process while at the same time being able to run on a particular political party ticket for the elected positions carved out as exceptions in the statute or to serve as chairperson of the respective democratic or republican party or committee in such county that works to elect candidates running on his/her party line. In addition, serious conflicts of interest could arise in the event a commissioner did run for one of the excepted positions in the statute only to have to turn around and rule on objections to petitions, the validity of absentee ballots, affidavit ballots, and eventually certify the race he or she ran for.

Legislative history

2009/10 - S.1434A Passed Senate 2007/08 - S.1505/A.6766 Referred to Elections 2007/08 - A.6766 Referred to Election Law 2005-06 - S.7860/A.10820 Referred to Election Law

Fiscal implications

None.

Effective date

Immediately.