Bill Text: NY A06326 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the appointment of commissioners of elections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-05 - referred to election law [A06326 Detail]

Download: New_York-2019-A06326-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6326
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 5, 2019
                                       ___________
        Introduced by M. of A. TAYLOR -- read once and referred to the Committee
          on Election Law
        AN  ACT  to  amend  the  election law, in relation to the appointment of
          commissioners of elections
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  4  of  section 3-204 of the election law, as
     2  amended by chapter 116 of the laws  of  2010,  is  amended  to  read  as
     3  follows:
     4    4.  (a)  Commissioners  of  election  shall be appointed by the county
     5  legislative body, or in the city of New York, by the city council.
     6    (b) Provided, however, that  if  a  legislative  body  shall  fail  to
     7  appoint  any  person recommended by a party for appointment as a commis-
     8  sioner pursuant to this section, within thirty days after the filing  of
     9  a  certificate  of  recommendation  with such legislative body, then the
    10  member or members of such legislative body who are members of the  poli-
    11  tical  party  which  filed such certificate may appoint such person. And
    12  further provided, if there are no members of the  legislative  body  who
    13  are  members  of  the  political party which filed such certificate, the
    14  [appointment shall take effect] person named in the certificate of party
    15  recommendation shall be deemed appointed upon the expiration  of  thirty
    16  days from the date that the certificate was filed.
    17    (c)  Where  the  legislative  body includes a member or members of the
    18  political party which filed such certificate, and no action is taken  to
    19  appoint  such  recommended person by either the legislative body or such
    20  member or members within sixty days after the filing of any such certif-
    21  icate, the person named in such certificate shall  be  deemed  appointed
    22  upon the expiration of such sixty days.
    23    (d)  If  [none  of  the], pursuant to this subdivision, the members of
    24  such legislative body who are members of the political party which filed
    25  such certificate reject any persons named in  any  of  the  certificates
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10359-01-9

        A. 6326                             2
     1  filed by a party [are so appointed within sixty days after the filing of
     2  any such certificate] by majority vote, then such party may file another
     3  certificate  within  thirty days after [the expiration of any such sixty
     4  day  period] such vote recommending a different person for such appoint-
     5  ment.
     6    (e) If the members of such legislative body who  are  members  of  the
     7  political party which filed such certificate fail to appoint such person
     8  recommended  by a party in a second certificate of recommendation within
     9  thirty days of the filing of such certificate, the person named in  such
    10  certificate shall be deemed appointed upon the expiration of thirty days
    11  from the date that the second certificate was filed.
    12    (f)  If a party fails to file a certificate within the time prescribed
    13  by this section, the members of the legislative body who are members  of
    14  such party may appoint any eligible person to such office.
    15    § 2. This act shall take effect immediately.
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