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

1 Co-sponsor

• Tony Avella

BILL NUMBER:S433A

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, except any person currently serving as an election commissioner or deputy election commissioner, from serving as chairperson of the respective democratic or republican parry and would prohibit election commissioners and deputy commissioners from holding most other public offices.

Summary of provisions

This bill amends election law section 3-200(4) and (6) by adding deputy commissioner of elections to both sections; by Prohibiting an election commissioner or deputy commissioner, except any person currently serving as an election commissioner or deputy election commissioner, from serving as chairperson of the respective democratic or republican party; and by striking provisions within election law section 3-200(4) that allow a commissioner of elections to be a village officer, town judge or a city judge.

Justification

This bill prohibits an election commissioner or deputy election commissioner from serving as a village officer, town judge, city judge or, except for any person currently serving as an election commissioner or deputy election commissioner, as chairperson of the respective democratic or republican party or committee in such county.

Current law carves out exceptions allowing appointed election commissioners to run for elected office in villages and as town and city judges. It is inappropriate for election 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 these excepted elected positions. In addition, serious conflicts of interest could arise in the event a commissioner or deputy commissioner runs for one of these offices and is then called upon to rule on objections to petitions, the validity of absentee ballots, affidavit ballots, and eventually certify the race he or she ran for. Similarly, conflicts could arise for a commissioner of election or deputy commissioner of election that serves as a chairperson of the respective democratic or republican party and therefore these commissioners, except any person currently serving as an election commissioner or deputy election commissioner, will be prohibited from serving as such a chairperson.

Legislative history

None in Assembly; 2012: S.1322 (Dilan); 2010: S.1434A Passed Senate

Fiscal implications

None

Effective date

Immediately