Bill Text: NY S00612 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits conflicts of interest among board of elections employees; prevents a board of elections employee from remaining on the board of elections payroll while also a candidate for an office who has an election overseen by the board at which they are employed; allows for a member to remain on the board until 90 days before the general election if there is no primary for such office.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2024-12-23 - approval memo.100 [S00612 Detail]

Download: New_York-2023-S00612-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         612--B
            Cal. No. 623

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 5, 2023
                                       ___________

        Introduced  by  Sens.  MAYER, MAY -- read twice and ordered printed, and
          when printed to be committed to the Committee on Elections -- reported
          favorably from said committee and committed to the Committee on  Rules
          -- reported favorably from said committee, ordered to a third reading,
          passed  by Senate and delivered to the Assembly, recalled, vote recon-
          sidered, restored to third reading,  amended  and  ordered  reprinted,
          retaining  its  place  in the order of third reading -- recommitted to
          the Committee on Elections in accordance with Senate Rule 6, sec. 8 --
          reported favorably from  said  committee,  ordered  to  first  report,
          amended  on  first  report,  ordered  to  a  second report and ordered
          reprinted, retaining its place in the order of second report

        AN ACT to amend the election law, in relation to  prohibiting  conflicts
          of interest among 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  3-304
     2  to read as follows:
     3    §  3-304.  Board  employees;  conflicts  of  interest.  1. No board of
     4  elections employee shall engage in or participate in any trade or  busi-
     5  ness  which  creates,  or  may  tend  to  create, an actual or potential
     6  conflict of interest.  No board of elections employee shall  maintain  a
     7  financial  interest,  directly  or  indirectly,  in  or be employed by a
     8  vendor or a company  providing  services  to  a  candidate  who  has  an
     9  election  overseen  by such employee's office, including but not limited
    10  to, printing  companies,  election  consulting  companies,  direct  mail
    11  companies and digital marketing companies. No board of elections employ-
    12  ee shall maintain a financial interest, directly or indirectly, in or be
    13  employed by a vendor or company that sells to the board voting machines,
    14  electronic  poll books, printers or other technical or electronic equip-
    15  ment. A violation of any of the provisions of this subdivision shall  be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02172-27-4
        S. 612--B                           2

     1  cause for discipline by the board of elections, including removal of the
     2  board of elections employee.
     3    2.  (a)  No  board  of elections employee shall remain on the board of
     4  elections payroll while also a  candidate  for  an  office  who  has  an
     5  election  overseen  by  the  board  at  which they are employed. For the
     6  purposes of this article, a board of elections employee shall be  deemed
     7  a  candidate  for  elective  office  upon the filing of a designating or
     8  nominating petition for such  office  or,  where  nominations  for  such
     9  office are made other than by petition, upon acceptance of a nomination.
    10  Such  employee  may remain in "leave without pay" status until such time
    11  as his or her candidacy shall cease,  or  upon  the  day  following  the
    12  certification  of  election  results  for  such  office, whichever comes
    13  first. Notwithstanding the provisions of this section, when there are no
    14  primary elections for the office being sought by  a  candidate  that  is
    15  employed  by  the  board  of elections, that candidate may remain on the
    16  board of elections payroll for no more  than  ninety  days  prior  to  a
    17  general election.
    18    (b)  It  shall  not  be a conflict of interest for a board employee to
    19  file a designating petition for a party position, including a member  of
    20  a county committee as defined in section 2-104 of this chapter, district
    21  leader as outlined in section 2-110 of this chapter, member of the state
    22  committee  as  described in section 2-102 of this chapter, a delegate or
    23  an alternate delegate to judicial  district  nominating  conventions  as
    24  described  in section 6-124 of this chapter, or delegate or an alternate
    25  delegate to national party conventions as described in section 2-122  of
    26  this  chapter.  However,  upon another person filing a valid designating
    27  petition creating a primary for that  party  position,  then  the  board
    28  employee  may  remain  in  "leave  without  pay" status until his or her
    29  candidacy shall cease or upon the day following the certification of the
    30  elections results whichever is first.
    31    3. It shall not be considered a conflict of interest for  a  board  of
    32  elections  employee  who is a member of a county committee as defined in
    33  section 2-104 of this chapter, a district leader as outlined in  section
    34  2-110  of  this chapter, a member of the state committee as described in
    35  section 2-102 of this chapter, a delegate or an  alternate  delegate  to
    36  judicial  district  nominating conventions as described in section 6-124
    37  of this chapter, or a delegate or  an  alternate  delegate  to  national
    38  party  conventions as described in section 2-122 of this chapter who, as
    39  part of their duties in said party  position,  endorses  or  supports  a
    40  candidate for a party position or public office.
    41    §  2. This act shall take effect one year after it shall have become a
    42  law.