What's happening
This bill prohibits election commissioners from serving as chairs of political parties in their county.
Why it matters
Reduces conflicts of interest. by preventing election commissioners from simultaneously serving as county party chairs, aiming to ensure that election oversight is not influenced by partisan leadership roles.
Promotes public trust in election administration. by establishing clearer boundaries between those who run elections and those who lead political organizations, addressing concerns about impartiality.
Closes a loophole in existing law. by adding the specific restriction on party chairs, which previously allowed individuals to hold both positions and potentially wield outsized influence over both the administration of elections and party strategy at the county level.
Encourages more diverse leadership. in both election administration and county political parties, since individuals will have to choose between these influential positions rather than consolidating power in one person.
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Who cares
Election commissioners
The bill would bar them from serving or continuing in office while chairing a political organization in their county.
Political organization chairs
Chairs in the county would be ineligible for appointment as election commissioner unless they gave up their chair position.
Political parties recommending commissioners
Parties would need to recommend candidates who do not chair a political organization in the county.
Headline styles
Bar Party Chairs from Elections
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
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 Party Chairs as Commissioners
In Assembly Committee · Election Law · Sponsor Sandy Galef
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3309 A. 4815
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 5, 2019
IN SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
IN ASSEMBLY -- Introduced by M. of A. GALEF, ARROYO, LAWRENCE, STIRPE, WOERNER -- Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to prohibiting election commissioners from being chairs of political parties
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 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 a political organization 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00246-01-9
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 from being chairs of political parties
Purpose or general idea of bill
The purpose of this legislation is to prohibit election commissioners from being chairs of political parties.
Summary of specific provisions
Section 1. Subdivision 4 of section 3-200 of the of the Election Law is amended as follows: 4. No person shall be appointed as election commis- sioner or 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 a political organization 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.
Section 2. This act shall take effect immediately.
Difference between original and amended version (if applicable)
This portion of this memorandum is not applicable at this time.
Justification
Political organization chairs and election commissioners wield power and influence over political candidates and elected officials since they are indispensable to them in every stage of the electoral process. The extent and depth of the interrelationships amongst all are substantial, having implications for the integrity, transparency and accountability of our election system.
The state election system is set up in which the county boards of elections administer the balloting and voting process, an intricate and complicated one. They are responsible for the minutia which can cost a candidate a party line on the ballot or a close election. County boards are relatively free to operate with minimal interference from other governmental entities.
County boards of elections are accountable to the: county political parties to whom they report (who nominate the commissioners); county legislature who ratifies the commissioners, sets commissioner salaries and establishes the board of elections budget; and the state board of elections in matters where the state board has jurisdiction.
Many election commissioners occupy simultaneous positions as chairs of political parties and organizations. In having both positions, then, they are instrumental in the recruitment of candidates, putting those candidates on the ballot and certifying election results. These circum- stances can give rise to conflicts of interest, or the appearance of them, exacerbating the public distrust of government and elections.
This legislation would ensure that such conflicts of interest would not arise, safeguarding the foundation of our democracy, our electoral system.
Prior legislative history
A. 2841 and S. 1063 of 2017/2018 A. 7000 and S. 5266 of 2015/2016
Fiscal implications
There are no fiscal implications associated with this legislation.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.