What's happening
This bill allows the legislature to set additional qualifications for members of boards of elections beyond current party representation rules.
Why it matters
Expands legislative authority to set qualifications. Allows the state legislature to establish additional qualifications for people serving on boards of elections, beyond just ensuring party balance, potentially affecting who can serve and what expertise or backgrounds are required.
Could impact election integrity and professionalism. By permitting new criteria, the legislature might set standards related to experience, education, or ethical requirements, which could improve the competence and trustworthiness of election officials.
Raises questions of neutrality and access. Depending on how the legislature uses this power, it could either promote higher standards or be used to exclude certain groups, potentially affecting political representation or creating barriers for participation on boards.
Reflects a shift in focus from party representation alone. Moves beyond the long-standing emphasis on bipartisan balance, signaling a legislative intent to address other qualities deemed important for the administration of elections.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Boards of elections and election officers
The proposed constitutional amendment would allow the Legislature to set additional qualifications for performing their duties.
State legislators
The amendment would expressly authorize them to prescribe qualifications for boards and officers responsible for qualifying voters, distributing ballots and receiving, recording or counting votes.
The two highest-vote political parties
The amendment would preserve their equal representation and nomination roles while allowing additional qualifications for the boards and officers they help select.
Headline styles
Change Election Board Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7035
IN SENATE (Prefiled)
January 3, 2018
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 8 of article 2 of the constitution, in relation to the composition of boards of elections
Section 1. Resolved (if the Assembly concur), That section 8 of article 2 of the constitution be amended to read as follows:
§ 8. All laws creating, regulating or affecting boards or officers charged with the duty of qualifying voters, or of distributing ballots to voters, or of receiving, recording or counting votes at elections, shall secure equal representation of the two political parties which, at the general election next preceding that for which such boards or officers are to serve, cast the highest and the next highest number of votes. All such boards and officers shall be appointed or elected in such manner, and upon the nomination of such representatives of said parties respectively, as the legislature may direct and shall have such other qualifications for performing their duties as the legislature may direct. Existing laws on this subject shall continue until the legislature shall otherwise provide. This section shall not apply to town, or village elections.
§ 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89018-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 8 of article 2 of the constitution, in relation to the composition of boards of elections
Purpose
To amend the constitution to enable the legislature to set qualifica- tions for members and officers of boards of elections.
Summary of provisions
The bill proposes to amend section 8 of Article 2 of the State Constitu- tion to enable to set qualifications for members and officers of boards of elections.
Justification
The Constitution specifies that the two parties that receive the highest and next highest number of votes shall be equally represented on boards of elections. However, it does not provide for or authorize the legisla- ture to provide for qualifications of the individuals who serve. Without affecting the bipartisan parity requirement, this proposed constitu- tional change would allow the legislature to enact legislation specify- ing qualifications for members and officers of boards of elections that the legislature deems appropriate for the boards to carry out their duties in administering elections. The present bill is silent on what specific qualifications might be appropriate, leaving that to later legislative enactment.
Legislative history
2016: S162/A5678 - OPINION REFERRED TO JUDICIARY/ opinion referred to judiciary 2015: S162/A5678 - TO ATTORNEY-GENERAL FOR OPINION/ opinion referred to judiciary 2013-2014: S180/A4115- Opinion Referred to Judiciary 2011-2012: S90/A10767- Opinion Referred to Judiciary 2009-2010: S5288/A657- Passed Senate 2007-2008: S7884 (Leibell)/A9096- Committed to Rules
Fiscal impact on the state
None.
Effective date
Resolved (if the Assembly concur), that the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.