Bill Text: NY S02726 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the exercise of powers and duties of the board of elections of the city of New York and its executive management.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ELECTIONS [S02726 Detail]
Download: New_York-2019-S02726-Introduced.html
Bill Title: Relates to the exercise of powers and duties of the board of elections of the city of New York and its executive management.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ELECTIONS [S02726 Detail]
Download: New_York-2019-S02726-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2726 2019-2020 Regular Sessions IN SENATE January 29, 2019 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to the exercise of powers and duties of the board of elections of the city of New York and its executive management The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3-300 of the election law is amended to read as 2 follows: 3 § 3-300. Board employees; appointment. [Every] 1. Except as provided 4 in subdivision two of this section, every board of elections shall 5 appoint, and at its pleasure remove, clerks, voting machine technicians, 6 custodians and other employees, fix their number, prescribe their 7 duties, fix their titles and rank and establish their salaries within 8 the amounts appropriated therefor by the local legislative body and 9 shall secure in the appointment of employees of the board of elections 10 equal representation of the major political parties. Every commissioner 11 in each board of elections except for commissioners of the board of 12 elections of the city of New York, may approve and at pleasure remove a 13 deputy, establish his title and prescribe his duties. [In] 14 2. (a) Notwithstanding any provision of general, special or local law, 15 in the city of New York, the board of elections shall appoint an execu- 16 tive director and a deputy executive director who shall each be of sepa- 17 rate major political parties and whose duties it shall be to supervise 18 the operations of the board of elections [under the supervision of such19board] in accordance with this subdivision. The board of elections of 20 the city of New York shall advise the executive director and deputy 21 executive director on matters of policy affecting the administration of 22 elections in the city of New York. Except as expressly provided in this 23 subdivision, such board shall exercise no executive power and perform no 24 executive or administrative functions. Except as expressly provided in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08885-01-9S. 2726 2 1 this subdivision, such board shall make no individualized decisions 2 concerning the employment of any specific person or the registration, 3 enrollment or qualifications of any specific voter. Nothing in this 4 subdivision shall be construed to require or authorize the day-to-day 5 supervision of the executive director or deputy executive director by 6 the board. The board may delegate powers and duties conferred upon the 7 board to the executive director and deputy executive director, to be 8 exercised consistent with paragraph (c) of this subdivision. 9 (b) The board shall have the power and duty to take the following 10 actions to the extent otherwise consistent with the jurisdiction of the 11 board pursuant to this chapter: 12 (1) take any action related to the creation, consolidation, division 13 or alteration of election districts pursuant to section 4-100 of this 14 chapter and the designation of poll sites pursuant to section 4-104 of 15 this chapter; 16 (2) make determinations regarding the nomination and designation of 17 candidates for public office and party positions pursuant to article six 18 or any other relevant provision of this chapter; 19 (3) make determinations regarding the form and content of ballots, 20 including but not limited to the determination of candidates and ques- 21 tions to appear on the ballot pursuant to section 4-114 of this chapter 22 and the certification of ballots pursuant to title one of article seven 23 or any other relevant provision of this chapter; 24 (4) adopt resolutions eliminating meetings for local registration 25 pursuant to subdivision six of section 5-202 of this chapter; 26 (5) make determinations concerning challenges to voter registration 27 and applications of voters unlawfully denied the right to register, 28 pursuant to title two of article five of this chapter; 29 (6) make determinations concerning the adoption and use of voting 30 machines or systems pursuant to section 7-200 of this chapter; 31 (7) canvass election results and perform all functions of the board of 32 canvassers in the city of New York, including but not limited to the 33 certification of election results, pursuant to article nine or any other 34 relevant provision of this chapter; 35 (8) take any action authorized by section 3-218 of this article; 36 (9) approve any contract where the value of the contract exceeds or 37 projects an annual expenditure exceeding one million dollars for the 38 fiscal year or where the value of any contracts awarded to a single 39 entity exceeds or is projected to exceed one million dollars for the 40 fiscal year; and 41 (10) promulgate regulations, issue orders and make decisions regarding 42 general policies affecting the administration of elections of the city 43 of New York. 44 (c) The executive director and deputy executive director shall collec- 45 tively serve as the chief executive for the board of elections of the 46 city of New York and shall collectively exercise all their powers and 47 duties in a manner not inconsistent with the policies of the board. Such 48 powers and duties shall include but not be limited to: 49 (1) appointing, and at their pleasure removing, clerks, voting machine 50 technicians, custodians and other employees, fixing their number, 51 prescribing their duties, fixing their titles and rank and establishing 52 their salaries within the amounts appropriated therefor by the New York 53 city council. They shall secure in the appointment of employees equal 54 representation of the major political parties. The executive director 55 and deputy executive director may each delegate powers and duties to theS. 2726 3 1 other, and may collectively delegate powers and duties to employees in 2 furtherance of the purposes of this chapter; 3 (2) exercising the powers and duties delegated to boards of elections, 4 or specifically to the board of elections of the city of New York, 5 except where such powers and duties are expressly reserved for such 6 board pursuant to this subdivision, in all matters relating to quali- 7 fication of voters, voter registration and enrollment, cancellation of 8 voter registration, change of voter status and registration records 9 pursuant to article five of this chapter; and 10 (3) exercising the powers and duties delegated to boards of elections, 11 or specifically to the board of elections of the city of New York, in 12 all matters related to the administration of elections in the city of 13 New York not otherwise specified in paragraphs one and two of this 14 subdivision. 15 § 2. This act shall take effect on the sixtieth day after it shall 16 have become a law.
