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 with the exception of members of a county committee and district leaders 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 2-0)

Status: (Engrossed) 2024-04-15 - AMENDED ON THIRD READING 612C [S00612 Detail]

Download: New_York-2023-S00612-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         612--A
            Cal. No. 11

                               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

        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, with the exception of a district leader as outlined
     5  in section 2-110 of this chapter, shall engage in or participate in  any
     6  trade  or  business  which  creates, or may tend to create, an actual or
     7  potential conflict of interest. No board of elections employee, with the
     8  exception of a district leader as outlined  in  section  2-110  of  this
     9  chapter, shall maintain a financial interest, directly or indirectly, in
    10  a company providing services to a candidate who has an election overseen
    11  by such employee's office, including but not limited to, printing compa-
    12  nies,  election  consulting companies, direct mail companies and digital
    13  marketing companies. No board of elections employee, with the  exception
    14  of a district leader as outlined in section 2-110 of this chapter, shall
    15  maintain a financial interest, directly or indirectly, in or be employed
    16  by a vendor or company that sells voting machines, electronic pollbooks,
    17  printers or other technical or electronic equipment.  A violation of any
    18  of  the  provisions of this subdivision shall be cause for discipline by
    19  the board of elections, including removal  of  the  board  of  elections
    20  employee.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02172-04-3
        S. 612--A                           2

     1    2.  No  board  of elections employee, with the exception of a district
     2  leader as outlined in section 2-110 of this chapter, shall remain on the
     3  board of elections payroll while also a candidate for an office who  has
     4  an  election  overseen  by the board at which they are employed. For the
     5  purposes  of this article, a board of elections employee shall be deemed
     6  a candidate for elective office upon the filing of designating petitions
     7  for such office or, where nominations for such  office  are  made  other
     8  than  by  petition,  upon  acceptance of a nomination. Such employee may
     9  remain in "leave without pay" status until  such  time  as  his  or  her
    10  candidacy  shall  cease,  or upon the day following the certification of
    11  election results for such office, whichever comes first. Notwithstanding
    12  the provisions of this section, when there are no primary elections  for
    13  the  office being sought by a candidate that is employed by the board of
    14  elections, that candidate may remain on the board of  elections  payroll
    15  for no more than ninety days prior to a general election.
    16    § 2. This act shall take effect immediately; provided that subdivision
    17  1  of section 3-304 of the election law, as added by section one of this
    18  act, shall take effect one year after this act shall have become a law.