What's happening
This bill expands the chief enforcement counsel's authority in the New York State Board of Elections to initiate investigations and participate in board votes regarding subpoenas.
Why it matters
Strengthens independent oversight of elections. By giving the chief enforcement counsel more autonomy to initiate investigations, the bill aims to reduce delays and potential partisan gridlock in addressing alleged election law violations.
Expedites enforcement actions. The amendment allows the chief enforcement counsel to participate in board votes concerning subpoena powers, potentially speeding up the investigative process and enabling swifter responses to suspected wrongdoing.
Adjusts decision-making dynamics. The change to quorum requirements—counting the chief enforcement counsel as part of the quorum for certain votes—reduces the risk of stalemates and ensures key enforcement actions can proceed even if fewer board members are present.
May increase accountability and transparency. By clarifying the process for handling complaints and empowering the enforcement counsel, the bill could lead to more thorough investigations and bolster public confidence in the integrity of New York’s election system.
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Who cares
State Board of Elections commissioners
The bill would allow two board members and the chief enforcement counsel to meet quorum requirements for votes on requests to exercise investigative powers, including subpoena authority.
Chief enforcement counsel
The bill would let authorization requests proceed with two commissioners present while retaining the counsel’s authority to vote only to break a tie.
Campaigns and others facing election-law investigations
The revised quorum rule could affect votes authorizing the chief enforcement counsel to use investigative powers in their cases.
Election-law complainants
The bill would change the quorum needed to consider investigative authority requests arising from complaints.
Headline styles
Let Election Board Issue Subpoenas
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to election law
- Referred to election law
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
811
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to the authority of the state board of elections to issue subpoenas
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (b) of subdivision 1 of section 3-104 of the election law, as amended by section 4 of subpart B of part H of chapter 55 of the laws of 2014, is amended to read as follows:
(b) The state board of elections shall have jurisdiction of, and be responsible for, the execution and enforcement of the provisions of article fourteen of this chapter and other statutes governing campaigns, elections and related procedures; provided however that the chief enforcement counsel shall have sole authority within the state board of elections to investigate on [his or her] the chief enforcement counsel's own initiative, or upon complaint, alleged violations of such statutes, and all complaints alleging violations shall be forwarded to the division of election law enforcement.
§ 2. Subdivision 3 of section 3-104 of the election law, as amended by section 4 of subpart B of part H of chapter 55 of the laws of 2014, is amended to read as follows:
3. Upon receipt of a complaint and supporting information alleging any violation of this chapter, or upon [his or her] the chief enforcement counsel's own initiative, the chief enforcement counsel shall determine if an investigation should be undertaken. The chief enforcement counsel shall, if necessary, obtain additional information from the complainant or from other sources to assist such counsel in making this determination. Such analysis shall include the following: first, whether the allegations, if true, would constitute a violation of this chapter and, second, whether the allegations are supported by credible evidence. The
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00866-01-5
chief enforcement counsel may at any time ask that the board authorize [him or her] the chief enforcement counsel to exercise the powers which the board is otherwise authorized to exercise pursuant to subdivisions five and six of section 3-102 of this title. The board shall vote on whether to grant or refuse to grant such authority no later than twenty days after the chief enforcement counsel makes such request. For purposes of considering and voting on such request, quorum requirements are met if two board members and the chief enforcement counsel are present at the vote, and the chief enforcement counsel shall be entitled to participate in all matters related thereto and shall vote on the board's granting or refusal to grant such request only when there is a tie. Should the board not vote on such request within twenty days of its submission, or grant the chief enforcement counsel's request, the chief enforcement counsel shall be so empowered to act pursuant to subdivisions five and six of section 3-102 of this title.
§ 3. Within thirty days of the effective date of this act, the state board of elections shall issue any rules and regulations necessary for the implementation of this act.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.