STATE OF NEW YORK ________________________________________________________________________ 4153--A 2023-2024 Regular Sessions IN ASSEMBLY February 10, 2023 ___________ Introduced by M. of A. KELLES, CLARK -- read once and referred to the Committee on Election Law -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the election law, in relation to establishing a code of ethics for all board of elections employees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The election law is amended by adding a new section 3-201 2 to read as follows: 3 § 3-201. Boards of elections; employee code of ethics. 1. Definition. 4 As used in this section the term "board of elections employee" shall 5 mean any permanent full-time employee of a board of elections. 6 2. Rule with respect to conflicts of interest. No board of elections 7 employee should have any interest, financial or otherwise, direct or 8 indirect, or engage in any business or transaction or professional 9 activity or incur any obligation of any nature, which is in substantial 10 conflict with the proper discharge of their duties in the public inter- 11 est. 12 3. Standards. (a) No board of elections employee should accept other 13 employment which will impair their independence of judgment in the exer- 14 cise of their official duties, including but not limited to, receiving 15 compensation or other forms of payment from a campaign or political 16 campaign account for non-governmental political work. 17 (b) No board of elections employee should use or attempt to use their 18 official position to secure unwarranted privileges or exemptions for 19 themselves or others, including but not limited to, the misappropriation 20 to themselves or to others, of the property, services or other resources 21 of the state for private business or other compensated non-governmental 22 purposes. 23 (c) A board of elections employee should not, by their conduct, give 24 reasonable basis for the impression that any person can improperly EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06393-02-3A. 4153--A 2 1 influence such employee or unduly enjoy their favor in the performance 2 of their official duties, or that they are affected by the kinship, 3 rank, position or influence of any party or person. 4 (d) A board of elections employee should abstain from making personal 5 investments in enterprises which they have reason to believe may be 6 directly involved in decisions to be made by the employee or which will 7 otherwise create substantial conflict between their duty in the public 8 interest and their private interest. 9 (e) A board of elections employee should endeavor to pursue a course 10 of conduct which will not raise suspicion among the public that they are 11 likely to be engaged in acts that are in violation of their trust. 12 4. Violations. In addition to any penalty contained in any other 13 provision of law, any such board of elections employee who shall know- 14 ingly and intentionally violate any of the provisions of this section 15 may be fined, suspended or removed from office or employment in the 16 manner provided by law. 17 (a) Any such employee who knowingly and intentionally violates the 18 provisions of paragraph (b), (c) or (d) of subdivision three of this 19 section shall be subject to a civil penalty in an amount not to exceed 20 ten thousand dollars plus the value of any gift, compensation or benefit 21 received as a result of such violation. 22 (b) Any such employee who knowingly and intentionally violates the 23 provisions of paragraph (a) or (e) of subdivision three of this section 24 shall be subject to a civil penalty in an amount not to exceed the value 25 of any gift, compensation or benefit received as a result of such 26 violation. 27 § 2. This act shall take effect on the sixtieth day after it shall 28 have become a law.