What's happening
This bill amends the state constitution to allow the legislature to set additional qualifications for members of boards of elections.
Why it matters
Expands Legislative Power. This amendment would give the state legislature new authority to set additional qualifications for members of boards of elections, potentially impacting who is eligible to serve and how boards are staffed.
Potential for Increased Professional Standards. By allowing further qualifications, the legislature could require specific experience, training, or credentials for board members, which could improve the competence and professionalism of election administration.
Impact on Political Balance. While equal representation of the two major parties is maintained, new qualifications may indirectly affect the political makeup or diversity of boards, depending on how those qualifications are defined and implemented.
Flexibility to Address Emerging Issues. This change enables the legislature to respond more quickly to concerns about election integrity, security, or board performance by adjusting qualifications as new challenges arise, without needing further constitutional amendments.
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Who cares
Headline styles
Change Election Board Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- 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
2368
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
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.
LBD89018-01-9
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 compo- sition 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.
Prior legislative history
2018: S7035 - AG OPINION REFERRED TO JUDICIARY 2017: S1798 - AG OPINION REFERRED TO JUDICIARY 2016: S162/A5678 -AG OPINION REFERRED TO JUDICIARY/ ag opinion referred to judiciary 2015: S162/A5678 -AG OPINION REFERRED TO JUDICIARY/ ag opinion referred to judiciary
FISCAL IMPACT ON THE STATE
To be determined.
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.