What's happening
This bill prohibits election commissioners and their deputies from holding other public offices or party chair positions, with exceptions for current officeholders.
Why it matters
Aims to strengthen the independence and impartiality. of election commissioners and their deputies by prohibiting them from simultaneously holding other public offices or serving as county party chairs, reducing potential conflicts of interest in election administration.
Closes loopholes in current law. by removing exceptions that previously allowed certain local offices (such as village officer or city/town justice) to be held alongside election commissioner roles, further tightening restrictions on dual office holding.
Includes a “grandfather clause”. so that current election commissioners or deputies who already serve as party chairs can continue in their roles, but new appointees will be subject to the stricter rules, balancing reform with continuity.
Clarifies candidacy restrictions. , making it explicit that election commissioners and their deputies must resign before running for offices they are barred from holding, helping to ensure fair and unbiased election oversight.
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Who cares
Headline styles
Bar Officials From Dual Roles
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to elections
- 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.
Ban Double-Duty Election Officials
In Assembly Committee · Election Law · Sponsor Thomas Abinanti
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2918
2017-2018 Regular Sessions
IN SENATE
January 18, 2017
Introduced by Sen. DILAN -- 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 prohibiting election commissioners and deputy elections commissioners from holding a publicly elected office
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 3-200 of the election law, as amended by chapter 195 of the laws of 2003, is amended to read as follows:
4. No person [shall be] appointed as election commissioner or deputy election commissioner shall continue to hold office who is not a registered voter in the county and not an enrolled member of the party recommending his or her appointment, or who is the chair of the respective democratic or republican party or committee in such county or who holds any other public office, except that of commissioner of deeds, notary 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; provided, however, that the provision of this subdivision prohibiting an election commissioner or deputy election commissioner from continuing to hold office who is the chair of the respective democratic or republican party or committee in such county shall not apply to any person currently serving as election commissioner or deputy election commissioner.
§ 2. Subdivision 6 of section 3-200 of the election law is amended to read as follows:
6. An election commissioner or deputy election commissioner shall not be a candidate for any elective office which he or she would not be entitled to hold under the provisions of this article, unless he or she has ceased by resignation or otherwise, to be commissioner or deputy commissioner prior to his or her nomination or designation therefor. Otherwise such nomination or designation shall be null and void.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03386-01-7
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 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 chair-person of the respective democratic or republican party 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
2013-2014 S.433A/A.1815B: Referred to Elections 2015-2016 S.1858/A.5075: Referred to Elections
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.