What's happening
This bill reforms the New York City Board of Elections by reducing commissioners, revising appointment rules, and increasing transparency and restrictions.
Why it matters
Reduces political influence and potential for partisanship. by cutting the number of NYC Board of Elections commissioners from ten to five, and requiring that no two appointees by the same official (mayor or council speaker) belong to the same political party. The jointly-appointed chair must also be from a different party than their predecessor.
Imposes stricter eligibility and conflict-of-interest standards. for commissioners: they cannot be political party officers, city employees, lobbyists, or contribute to or participate in city political campaigns—aiming to limit insider influence and enhance neutrality.
Increases transparency and public access. by mandating the Board to create a publicly accessible database of eligible voters and their polling locations, and to provide electronic notification of key election information to voters when email addresses are available.
Strengthens accountability and stability. through new rules: commissioners can serve a maximum of four three-year terms (instead of unlimited two-year terms), can only be removed for cause with notice and hearing, and vacancies are filled using the same transparent appointment process.
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Who cares
Headline styles
Reform NYC Election Board
Plain English, a few words. Used as the page title.
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History
- Referred to elections
- Referred to elections
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1351
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to creating the "Help New York Vote act" for reforming the New York city board of elections
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act may be known as and may be cited as the "Help New York Vote act".
§ 2. Subdivisions 3 and 4 of section 3-200 of the election law, subdivision 4 as amended by chapter 195 of the laws of 2003, are amended and three new subdivisions 8, 9 and 10 are added to read as follows:
3. In the city of New York the board shall consist of [ten] five commissioners of election who shall be registered voters in the county for which they are appointed [and they]. Two shall be appointed by the speaker of the city council of the city of New York, two shall be appointed by the New York city mayor and one shall be appointed jointly by the speaker of the city council of the city of New York and the New York city mayor. [Not more than two commissioners shall be registered voters of the same county.] The two members appointed by the speaker of the city council of the city of New York shall not be registered in the same political party. The two members appointed by the New York city mayor shall not be registered in the same political party. The member appointed jointly by the speaker of the city council of the city of New York and the New York city mayor shall serve as the chairperson, and shall be registered to a different political party than the member previously appointed jointly by the speaker of the city council of the city of New York and the New York city mayor.
4. No person shall be appointed as election commissioner or continue to hold office who is not a registered voter in the county and not an enrolled member of the party recommending his appointment, or who holds any other public office, except that of commissioner of deeds, notary
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06949-01-7
S. 1351 2
public, village officer, city or town justice, [member of a community board within the city of New York] or trustee or officer of a school district outside of a city. No person shall be appointed as election commissioner in the city of New York who is an officer in a political party, employee of the city of New York or an agency thereof, is a lobbyist required to file a statement of registration or be employed by a lobbyist.
8. An election commissioner in the city of New York shall not participate in any capacity in a campaign by a candidate for nomination for election or election to the office of mayor, comptroller, borough president or member of the city council.
9. An election commissioner in the city of New York shall not make financial contributions to any candidate for any public office in the city of New York.
10. An election commissioner in the city of New York shall be removed for cause and upon notice and hearing.
§ 3. Subdivision 1 of section 3-202 of the election law is amended to read as follows:
1. The term of office of an election commissioner shall be two years beginning January first of each odd numbered year except that in the city of New York the term shall be three years and the county of Schenectady the term shall be four years beginning on January first of each alternate odd numbered year. The county legislative body of any other county may determine that the commissioners of elections thereafter appointed shall serve for a term of four years. Such determination may be rescinded by a subsequent action of the county legislative body which shall take effect at the expiration of the terms of the commissioners then in office. Election commissioners in the city of New York shall not serve more than four terms.
§ 4. Subdivisions 1 and 4 of section 3-204 of the election law, subdivision 4 as amended by chapter 116 of the laws of 2010, are amended and a new subdivision 6 is added to read as follows:
1. At least thirty days before the first day of January of any year in which a commissioner of elections is to be appointed, the chairman or secretary of the appropriate party county committee shall file a certificate of party recommendation with the clerk of the appropriate local legislative body. This subdivision shall not apply to the city of New York.
4. Commissioners of election shall be appointed by the county legislative body, or in the city of New York, by the speaker of the city council and the New York city mayor. Provided, however, that if a legislative body shall fail to appoint any person recommended by a party for appointment as a commissioner pursuant to this section, within thirty days after the filing of a certificate of recommendation with such legislative body, then the members of such legislative body who are members of the political party which filed such certificate may appoint such person. And further provided, if there are no members of the legislative body who are members of the political party which filed such certificate, the appointment shall take effect upon the expiration of thirty days from the date that the certificate was filed. If none of the persons named in any of the certificates filed by a party are so appointed within sixty days after the filing of any such certificate, then such party may file another certificate within thirty days after the expiration of any such sixty day period recommending a different person for such appointment. If a party fails to file a certificate within the time prescribed by this section, the members of the legisla-
S. 1351 3
tive body who are members of such party may appoint any eligible person to such office.
6. If at any time a vacancy occurs in the New York city board of elections, the position shall be filled in the same manner as the original appointment, as established in subdivision three of section 3-200 of this article.
§ 5. Subdivision 5 of section 3-212 of the election law is amended to read as follows:
5. The board of elections of the city of New York[, upon the affirmative vote of six commissioners, may adopt rules authorizing a number of commissioners less than the total membership of the board to act on behalf of the board on matters required to be performed by boards of election pursuant to the provisions of this chapter, provided that such number shall be comprised of commissioners representing equally the two political parties entitled to representation on the board] shall develop a computer database to be accessible to the public which shall contain the names, legal addresses and voting locations of all eligible voting residents in an election district.
§ 6. Subdivision 3 of section 4-120 of the election law, as amended by chapter 359 of the laws of 1989, is amended to read as follows:
3. The board of elections of the city of New York shall publish on the [eighth] thirtieth day before and the day before each general election, in at least two newspapers in such city, a notice, at least one-half page in size, in English and such other languages as such board deems appropriate, which sets forth the dates and hours of the election and the phone number to call for information about the location of polling places, their accessibility to the handicapped, applications for absentee ballots and any other subjects which such board deems appropriate. The board of elections of the city of New York shall electronically notify voters of such information where electronic mail addresses are available.
§ 7. This act shall take effect January 1, 2018.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to creating the "Help New York Vote act" for reforming the New York city board of elections
Purpose of the bill
This legislation will help ensure that New Yorker's have the appropriate information about elections in a timely manner. This legislation will also help promote and maintain fairness and impartiality in NYC based elections.
Summary of specific provisions
Section 3-200; Subdivision 3 adjusts the NYC BOE from ten members to five, with two (diff parties) being appointed by speaker of the city council, two by NYC mayor and one (chair) will be selected jointly by speaker and mayor (must alternate party affiliation).
Subdivision 4 restricts appointees from being an officer in a political party, employee of NYC agency, or lobbyist.
Subdivision 9 ensures appointed election commissioner(s) shall not make financial contributions to any candidate for any public office in NYC.
Section 3-201; Subdivision 1 delineates that subsequent election commissioners in NYC will serve for year terms (formally two) but will be term limited to four terms.
Section 3-204; Subdivision 1 which sets up requirements for the Political Party chairman or secretary to file a certificate of party recommendation with the clerk of the appropriate local legislative body (city council) no longer applies in NYC.
Section 3-212; Subdivision 5 amends to include that public computer database must be accessible to voters and contain names, addresses and voting locations of ALL eligible voters in an election district.
Section 4-120; Subdivision 3 is amended to require that the BOE of NYC must publish all important information about. an upcoming election thirty days (instead of eight) prior to election. BOB will also email voters who provide email addresses the necessary information.
Justification
Recent election controversies in New York City have illuminated a need to ensure that accurate and timely information is available and properly distributed to voters before an election, It is also important that political power structures are held accountable with a system of checks-and-balances to ensure potential voters are encouraged to exercise their right to vote and not the other way around.
Prior legislative history
None.
Fiscal implications
None.
Effective date
This act shall take effect on January first, two thousand sixteen.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.