NY State Senate Bill 2023-S612C

Current Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 15, 2024	amended on third reading 612c
Mar 14, 2024	advanced to third reading
Mar 13, 2024	2nd report cal. amended 612b
Mar 12, 2024	1st report cal.623
Jan 03, 2024	referred to elections
Jun 10, 2023	recommitted to rules
Mar 29, 2023	amended on third reading 612a
Mar 29, 2023	vote reconsidered - restored to third reading returned to senate recalled from assembly
Jan 10, 2023	referred to election law delivered to assembly passed senate
Jan 09, 2023	ordered to third reading cal.11 reported and committed to rules
Jan 05, 2023	referred to elections

Votes

- Jan 10, 2023 - Floor Vote
  S612C
  
  49
  
  Aye
  
  12
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 10, 2023
      
      aye (49)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      nay (12)
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Helming
      
      Lanza
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rhoads
      
      Weber
      
      Weik
      
      excused (2)
      
      Griffo
      
      Palumbo
  Jan 9, 2023 - Rules Committee Vote
  S612C
  
  16
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 9, 2023
      
      aye (16)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      nay (3)
      
      Helming
      
      O'Mara
      
      Ortt
      
      excused (2)
      
      Griffo
      
      Lanza
  Mar 12, 2024 - Elections Committee Vote
  S612C
  
  5
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Mar 12, 2024
      
      aye (5)
      
      Kavanagh
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      nay (1)
      
      Borrello
      
      aye wr (1)
      
      Weber
  Jan 9, 2023 - Elections Committee Vote
  S612C
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Jan 9, 2023
      
      aye (6)
      
      Kavanagh
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Walczyk
      
      aye wr (1)
      
      Borrello

Bill Amendments

Original

C (Active)

co-Sponsors

2023-S612 - Details

Law Section:: Election Law
Laws Affected:: Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:: S4542

2023-S612 - Summary

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.

2023-S612 - Sponsor Memo

                                 
BILL NUMBER: S612                       Revised 1/11/2023

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting conflicts
of interest among board of elections employees

 
PURPOSE:

To end the actual and perceived conflicts of interests of board of
elections employees caused by outside income related to the adminis-
tration of elections and supervision of elections in which they are
candidates.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. sets forth a ban on board of elections engaging in a trade or
business activity in which creates or may tend to create an actual or
potential conflict of interest and requires board of elections employees
to take a leave of absence when running for an office supervised by the
board at which they are employed during their candidacy.

Section 2 sets the effective date.

 
JUSTIFICATION:

Election integrity is critical to our democratic process. In order for
our democratic process to work, the public must have faith that boards
of election are acting in the best interest of the public and fairly
administering elections. Currently, this faith is being called into
question on a regular basis. Recently, a candidate for town board and
board of elections employee was in charge of deciding which polling
sites in their town would remain open when sites were reduced because of
COVID-19. Board of election employees and commissioners of elections
responsible for purchasing voting equipment are allowed to be paid
consultants of the vendors selling them equipment. Employees and commis-
sioners act as campaign managers and high level consultants for the
candidates whose votes they are charged with counting. All of these
situations have drawn public scrutiny and criticism. The public must be
confident that the board of elections is ensuring fair elections and not
individual benefit.

 
PRIOR LEGISLATIVE HISTORY:

2021/22: S4542-A (Mayer) / A7561 (Jacobson): passed Senate (2021);
passed Senate (2022)

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately provided that subdivision 1 of
section 3-304, as added by section one of this act, shall take effect
one year after this act shall have become a law.

2023-S612 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    612
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER, MAY -- 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  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:
 
   Section 1. The election law is amended by adding a new  section  3-304
 to read as follows:
   §  3-304.  BOARD  EMPLOYEES;  CONFLICTS  OF  INTEREST.  1. NO BOARD OF
 ELECTIONS EMPLOYEE SHALL ENGAGE IN OR PARTICIPATE IN ANY TRADE OR  BUSI-
 NESS  WHICH  CREATES,  OR  MAY  TEND  TO  CREATE, AN ACTUAL OR POTENTIAL
 CONFLICT OF INTEREST. NO BOARD OF ELECTIONS EMPLOYEE  SHALL  MAINTAIN  A
 FINANCIAL  INTEREST,  DIRECTLY  OR  INDIRECTLY,  IN  A COMPANY PROVIDING
 SERVICES TO A CANDIDATE WHO HAS AN ELECTION OVERSEEN BY SUCH  EMPLOYEE'S
 OFFICE,  INCLUDING  BUT  NOT  LIMITED  TO,  PRINTING COMPANIES, ELECTION
 CONSULTING COMPANIES, DIRECT MAIL COMPANIES AND DIGITAL MARKETING COMPA-
 NIES. NO BOARD OF ELECTIONS EMPLOYEE SHALL MAINTAIN A  FINANCIAL  INTER-
 EST,  DIRECTLY  OR  INDIRECTLY, IN OR BE EMPLOYED BY A VENDOR OR COMPANY
 THAT SELLS VOTING MACHINES,  ELECTRONIC  POLLBOOKS,  PRINTERS  OR  OTHER
 TECHNICAL OR ELECTRONIC EQUIPMENT.  A VIOLATION OF ANY OF THE PROVISIONS
 OF  THIS  SUBDIVISION  SHALL  BE  CAUSE  FOR  DISCIPLINE BY THE BOARD OF
 ELECTIONS, INCLUDING REMOVAL OF THE BOARD OF ELECTIONS EMPLOYEE.
   2. NO BOARD OF  ELECTIONS  EMPLOYEE  SHALL  REMAIN  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.  FOR  THE
 PURPOSES  OF THIS ARTICLE, A BOARD OF ELECTIONS EMPLOYEE SHALL BE DEEMED
 A CANDIDATE FOR ELECTIVE OFFICE UPON THE FILING OF DESIGNATING PETITIONS
 FOR SUCH OFFICE OR, WHERE NOMINATIONS FOR SUCH  OFFICE  ARE  MADE  OTHER
 THAN  BY  PETITION,  UPON  ACCEPTANCE OF A NOMINATION. SUCH EMPLOYEE MAY
 REMAIN IN "LEAVE WITHOUT PAY" STATUS UNTIL  SUCH  TIME  AS  HIS  OR  HER
 CANDIDACY  SHALL  CEASE,  OR UPON THE DAY FOLLOWING THE CERTIFICATION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02172-01-3

 S. 612                              2
 
 ELECTION RESULTS FOR SUCH OFFICE, WHICHEVER COMES FIRST. NOTWITHSTANDING
 THE PROVISIONS OF THIS SECTION, WHEN THERE ARE NO PRIMARY ELECTIONS  FOR
 THE  OFFICE BEING SOUGHT BY A CANDIDATE THAT IS EMPLOYED BY THE BOARD OF
 ELECTIONS,  THAT  CANDIDATE MAY REMAIN ON THE BOARD OF ELECTIONS PAYROLL
 FOR NO MORE THAN NINETY DAYS PRIOR TO A GENERAL ELECTION.
   § 2. This act shall take effect immediately; provided that subdivision
 1 of section 3-304 of the election law, as added by section one of  this
 act, shall take effect one year after this act shall have become a law.

co-Sponsors

2023-S612A - Details

Law Section:: Election Law
Laws Affected:: Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:: S4542

2023-S612A - Summary

2023-S612A - Sponsor Memo

                                 
BILL NUMBER: S612A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting conflicts
of interest among board of elections employees

 
PURPOSE:

To end the actual and perceived conflicts of interests of board of
elections employees caused by outside income related to the adminis-
tration of elections and supervision of elections in which they are
candidates.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the election law by adding a new section 3-304 that
prohibits any board of elections employee, with the exception of a
district leader, from engaging or participating in any trade or business
that creates or tends to create an actual or potential conflict of
interest. Next, it prohibits a board of elections employee, with the

exception of a district leader, from maintaining any direct or indirect
financial interest in a company that provides services or sells machines
and/or equipment to a candidate who has an election overseen by that
employee's office. Lastly, it prohibits any board of elections employee
from remaining on the board's payroll while running for an office that
is supervised by the board at which they are employed during their
candidacy. Any employee that falls under that circumstance may remain in
"leave without pay" status until the time when either their candidacy
ends, or up until the day following certification of election results,
whichever comes first.

Section 2 sets the effective date.

 
JUSTIFICATION:

Election integrity is critical to our democratic process. In order for
our democratic process to work, the public must have faith that boards
of election are acting in the best interest of the public and fairly
administering elections. Currently, this faith is being called into
question on a regular basis. Recently, a candidate for town board and
board of elections employee was in charge of deciding which polling
sites in their town would remain open when sites were reduced because of
COVID-19.

Board of election employees and commissioners of elections responsible
for purchasing voting equipment are allowed to be paid consultants of
the vendors selling them equipment. Employees and commissioners act as
campaign managers and high level consultants for the candidates whose
votes they are charged with counting. All of these situations have drawn
public scrutiny and criticism. The public must be confident that the
board of elections is ensuring fair elections and not individual bene-
fit.

This legislation addresses this issue by preventing board of elections
employees, with the exception of district leaders as outlined in the
election law, from engaging or participating in any trade or business
that creates or may create an actual or potential conflict of interest.
It also prevents a board of election employee, with the exception of a
district leader, from maintaining a direct or indirect financial inter-
est in a company that provides services to a candidate or operates as a
vendor for equipment or machines, when that board employee's office has
oversight over that election. Lastly, it prevents any board of elections
employee, with the exception of a district leader, from remaining on the
board payroll while also running for office for a position the board of
elections has oversight over. If the board employee does elect to run,
then it allows that employee to remain in "leave without pay status"
throughout the pendency of the election.

This legislation adds a critical layer of accountability to the pursuit
of free and fair elections in New York State.

 
PRIOR LEGISLATIVE HISTORY:

2021/22: S4542-A (Mayer) / A7561 (Jacobson): passed Senate (2021);
passed Senate (2022)

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately provided that subdivision 1 of
section 3-304, as added by section one of this act, shall take effect
one year after this act shall have become a law.

2023-S612A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  612--A
     Cal. No. 11
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section  1.  The election law is amended by adding a new section 3-304
 to read as follows:
   § 3-304. BOARD EMPLOYEES;  CONFLICTS  OF  INTEREST.  1.  NO  BOARD  OF
 ELECTIONS  EMPLOYEE, WITH THE EXCEPTION OF A DISTRICT LEADER AS OUTLINED
 IN SECTION 2-110 OF THIS CHAPTER, SHALL ENGAGE IN OR PARTICIPATE IN  ANY
 TRADE  OR  BUSINESS  WHICH  CREATES, OR MAY TEND TO CREATE, AN ACTUAL OR
 POTENTIAL CONFLICT OF INTEREST. NO BOARD OF ELECTIONS EMPLOYEE, WITH THE
 EXCEPTION OF A DISTRICT LEADER AS OUTLINED  IN  SECTION  2-110  OF  THIS
 CHAPTER, SHALL MAINTAIN A FINANCIAL INTEREST, DIRECTLY OR INDIRECTLY, IN
 A COMPANY PROVIDING SERVICES TO A CANDIDATE WHO HAS AN ELECTION OVERSEEN
 BY SUCH EMPLOYEE'S OFFICE, INCLUDING BUT NOT LIMITED TO, PRINTING COMPA-
 NIES,  ELECTION  CONSULTING COMPANIES, DIRECT MAIL COMPANIES AND DIGITAL
 MARKETING COMPANIES. NO BOARD OF ELECTIONS EMPLOYEE, WITH THE  EXCEPTION
 OF A DISTRICT LEADER AS OUTLINED IN SECTION 2-110 OF THIS CHAPTER, SHALL
 MAINTAIN A FINANCIAL INTEREST, DIRECTLY OR INDIRECTLY, IN OR BE EMPLOYED
 BY A VENDOR OR COMPANY THAT SELLS VOTING MACHINES, ELECTRONIC POLLBOOKS,
 PRINTERS OR OTHER TECHNICAL OR ELECTRONIC EQUIPMENT.  A VIOLATION OF ANY
 OF  THE  PROVISIONS OF THIS SUBDIVISION SHALL BE CAUSE FOR DISCIPLINE BY
 THE BOARD OF ELECTIONS, INCLUDING REMOVAL  OF  THE  BOARD  OF  ELECTIONS
 EMPLOYEE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02172-04-3
 S. 612--A                           2
 
   2.  NO  BOARD  OF ELECTIONS EMPLOYEE, WITH THE EXCEPTION OF A DISTRICT
 LEADER AS OUTLINED IN SECTION 2-110 OF THIS CHAPTER, SHALL REMAIN 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. FOR THE
 PURPOSES  OF THIS ARTICLE, A BOARD OF ELECTIONS EMPLOYEE SHALL BE DEEMED
 A CANDIDATE FOR ELECTIVE OFFICE UPON THE FILING OF DESIGNATING PETITIONS
 FOR SUCH OFFICE OR, WHERE NOMINATIONS FOR SUCH  OFFICE  ARE  MADE  OTHER
 THAN  BY  PETITION,  UPON  ACCEPTANCE OF A NOMINATION. SUCH EMPLOYEE MAY
 REMAIN IN "LEAVE WITHOUT PAY" STATUS UNTIL  SUCH  TIME  AS  HIS  OR  HER
 CANDIDACY  SHALL  CEASE,  OR UPON THE DAY FOLLOWING THE CERTIFICATION OF
 ELECTION RESULTS FOR SUCH OFFICE, WHICHEVER COMES FIRST. NOTWITHSTANDING
 THE PROVISIONS OF THIS SECTION, WHEN THERE ARE NO PRIMARY ELECTIONS  FOR
 THE  OFFICE BEING SOUGHT BY A CANDIDATE THAT IS EMPLOYED BY THE BOARD OF
 ELECTIONS, THAT CANDIDATE MAY REMAIN ON THE BOARD OF  ELECTIONS  PAYROLL
 FOR NO MORE THAN NINETY DAYS PRIOR TO A GENERAL ELECTION.
   § 2. This act shall take effect immediately; provided that subdivision
 1  of section 3-304 of the election law, as added by section one of this
 act, shall take effect one year after this act shall have become a law.

co-Sponsors

2023-S612B - Details

Law Section:: Election Law
Laws Affected:: Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:: S4542

2023-S612B - Summary

2023-S612B - Sponsor Memo

                                 
BILL NUMBER: S612B

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting conflicts
of interest among board of elections employees

 
PURPOSE:

To end the actual and perceived conflicts of interests of board of
elections employees caused by outside income related to the adminis-
tration of elections and supervision of elections in which they are
candidates.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the election law by adding a new section 3-304 that
prohibits any board of elections employee from engaging or participating
in any trade or business that creates or tends to create an actual or
potential conflict of interest. The bill prohibits a board of elections
employee from maintaining any direct or indirect financial interest in a

company that provides services to a candidate who has an election over-
seen by that employee's office.  The bill also prohibits a board of
elections employee from maintaining any direct or indirect financial
interest in a company that sells voting machines, electronic poll books
or other electronic equipment to the board.

In addition, the bill prohibits any board of elections employee from
remaining on the board's payroll while running for an office that is
supervised by the board at which they are employed. Such an employee may
remain in "leave without pay" status until the time when either their
candidacy ends, or up until the day following certification of election
results, whichever comes first. However, when there are no primary
elections for the office being sought, the bill provides that the candi-
date may remain on the board's payroll for no more than 90 days prior to
the general election. The bill also provides that it shall not be a
conflict of interest if a board employee files a designating petition
for a party position, unless another person files a designating peti-
tion, creating a primary for that party position. At which point, the
employee may remain in "leave without pay" status until the time when
either their candidacy ends, or up until the day following certification
of election results, whichever comes first.

Finally, the bill clarifies that it is not a conflict of interest for a
board employee, who is a member of the county committee, a district
leader, a member of the state committee, or a delegate to a national
party convention and who endorses or supports a candidate for a party or
public office as part of their duties in said party position.

Section 2 sets the effective date.

 
JUSTIFICATION:

Election integrity is critical to our democratic process. In order for
it to work, the public must have faith that boards of election are
acting in the best interest of the public and fairly administering
elections. Currently, this faith is being called into question on a
regular basis.
Board of election employees and commissioners of elections responsible
for purchasing voting equipment are allowed to be paid as consultants of
the vendors who are selling this equipment to the board. In addition,
employees and commissioners act as campaign managers and high level
consultants for the candidates whose votes they are charged with count-
ing. Recently, a candidate for town board and a board of elections
employee was in charge of deciding which polling sites in their town
would remain open when sites were reduced because of COVID-19. These
situations have drawn public scrutiny and criticism. The public must be
confident that the board of elections is ensuring fair elections and not
individual benefit.

This legislation addresses this issue by preventing board of elections
employees from engaging or participating in any trade or business that
creates or may create an actual or potential conflict of interest. It
adds a critical layer of accountability to the pursuit of free and fair
elections in New York State.

 
PRIOR LEGISLATIVE HISTORY:

2021/22: S4542-A (Mayer) / A7561 (Jacobson): passed Senate (2021);
passed Senate (2022)

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately provided that subdivision 1 of
section 3-304, as added by section one of this act, shall take effect
one year after this act shall have become a law.

2023-S612B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  612--B
     Cal. No. 623
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section 1. The election law is amended by adding a new  section  3-304
 to read as follows:
   §  3-304.  BOARD  EMPLOYEES;  CONFLICTS  OF  INTEREST.  1. NO BOARD OF
 ELECTIONS EMPLOYEE SHALL ENGAGE IN OR PARTICIPATE IN ANY TRADE OR  BUSI-
 NESS  WHICH  CREATES,  OR  MAY  TEND  TO  CREATE, AN ACTUAL OR POTENTIAL
 CONFLICT OF INTEREST.  NO BOARD OF ELECTIONS EMPLOYEE SHALL  MAINTAIN  A
 FINANCIAL  INTEREST,  DIRECTLY  OR  INDIRECTLY,  IN  OR BE EMPLOYED BY A
 VENDOR OR A COMPANY  PROVIDING  SERVICES  TO  A  CANDIDATE  WHO  HAS  AN
 ELECTION  OVERSEEN  BY SUCH EMPLOYEE'S OFFICE, INCLUDING BUT NOT LIMITED
 TO, PRINTING  COMPANIES,  ELECTION  CONSULTING  COMPANIES,  DIRECT  MAIL
 COMPANIES AND DIGITAL MARKETING COMPANIES. NO BOARD OF ELECTIONS EMPLOY-
 EE SHALL MAINTAIN A FINANCIAL INTEREST, DIRECTLY OR INDIRECTLY, IN OR BE
 EMPLOYED BY A VENDOR OR COMPANY THAT SELLS TO THE BOARD VOTING MACHINES,
 ELECTRONIC  POLL BOOKS, PRINTERS OR OTHER TECHNICAL OR ELECTRONIC EQUIP-
 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
 
 CAUSE FOR DISCIPLINE BY THE BOARD OF ELECTIONS, INCLUDING REMOVAL OF THE
 BOARD OF ELECTIONS EMPLOYEE.
   2.  (A)  NO  BOARD  OF ELECTIONS EMPLOYEE SHALL REMAIN 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. FOR THE
 PURPOSES OF THIS ARTICLE, A BOARD OF ELECTIONS EMPLOYEE SHALL BE  DEEMED
 A  CANDIDATE  FOR  ELECTIVE  OFFICE  UPON THE FILING OF A DESIGNATING OR
 NOMINATING PETITION FOR SUCH  OFFICE  OR,  WHERE  NOMINATIONS  FOR  SUCH
 OFFICE ARE MADE OTHER THAN BY PETITION, UPON ACCEPTANCE OF A NOMINATION.
 SUCH  EMPLOYEE  MAY REMAIN IN "LEAVE WITHOUT PAY" STATUS UNTIL SUCH TIME
 AS HIS OR HER CANDIDACY SHALL CEASE,  OR  UPON  THE  DAY  FOLLOWING  THE
 CERTIFICATION  OF  ELECTION  RESULTS  FOR  SUCH  OFFICE, WHICHEVER COMES
 FIRST. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, WHEN THERE ARE NO
 PRIMARY ELECTIONS FOR THE OFFICE BEING SOUGHT BY  A  CANDIDATE  THAT  IS
 EMPLOYED  BY  THE  BOARD  OF ELECTIONS, THAT CANDIDATE MAY REMAIN ON THE
 BOARD OF ELECTIONS PAYROLL FOR NO MORE  THAN  NINETY  DAYS  PRIOR  TO  A
 GENERAL ELECTION.
   (B)  IT  SHALL  NOT  BE A CONFLICT OF INTEREST FOR A BOARD EMPLOYEE TO
 FILE A DESIGNATING PETITION FOR A PARTY POSITION, INCLUDING A MEMBER  OF
 A COUNTY COMMITTEE AS DEFINED IN SECTION 2-104 OF THIS CHAPTER, DISTRICT
 LEADER AS OUTLINED IN SECTION 2-110 OF THIS CHAPTER, MEMBER OF THE STATE
 COMMITTEE  AS  DESCRIBED IN SECTION 2-102 OF THIS CHAPTER, A DELEGATE OR
 AN ALTERNATE DELEGATE TO JUDICIAL  DISTRICT  NOMINATING  CONVENTIONS  AS
 DESCRIBED  IN SECTION 6-124 OF THIS CHAPTER, OR DELEGATE OR AN ALTERNATE
 DELEGATE TO NATIONAL PARTY CONVENTIONS AS DESCRIBED IN SECTION 2-122  OF
 THIS  CHAPTER.  HOWEVER,  UPON ANOTHER PERSON FILING A VALID DESIGNATING
 PETITION CREATING A PRIMARY FOR THAT  PARTY  POSITION,  THEN  THE  BOARD
 EMPLOYEE  MAY  REMAIN  IN  "LEAVE  WITHOUT  PAY" STATUS UNTIL HIS OR HER
 CANDIDACY SHALL CEASE OR UPON THE DAY FOLLOWING THE CERTIFICATION OF THE
 ELECTIONS RESULTS WHICHEVER IS FIRST.
   3. IT SHALL NOT BE CONSIDERED A CONFLICT OF INTEREST FOR  A  BOARD  OF
 ELECTIONS  EMPLOYEE  WHO IS A MEMBER OF A COUNTY COMMITTEE AS DEFINED IN
 SECTION 2-104 OF THIS CHAPTER, A DISTRICT LEADER AS OUTLINED IN  SECTION
 2-110  OF  THIS CHAPTER, A MEMBER OF THE STATE COMMITTEE AS DESCRIBED IN
 SECTION 2-102 OF THIS CHAPTER, A DELEGATE OR AN  ALTERNATE  DELEGATE  TO
 JUDICIAL  DISTRICT  NOMINATING CONVENTIONS AS DESCRIBED IN SECTION 6-124
 OF THIS CHAPTER, OR A DELEGATE OR  AN  ALTERNATE  DELEGATE  TO  NATIONAL
 PARTY  CONVENTIONS AS DESCRIBED IN SECTION 2-122 OF THIS CHAPTER WHO, AS
 PART OF THEIR DUTIES IN SAID PARTY  POSITION,  ENDORSES  OR  SUPPORTS  A
 CANDIDATE FOR A PARTY POSITION OR PUBLIC OFFICE.
   §  2. This act shall take effect one year after it shall have become a
 law.

co-Sponsors

2023-S612C (ACTIVE) - Details

Law Section:: Election Law
Laws Affected:: Add §3-304, El L
Versions Introduced in 2021-2022 Legislative Session:: S4542

2023-S612C (ACTIVE) - Summary

2023-S612C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S612C

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting conflicts
of interest among board of elections employees

 
PURPOSE:

To end the actual and perceived conflicts of interests of board of
elections employees caused by outside income related to the adminis-
tration of elections and supervision of elections in which they are
candidates.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the election law by adding a new section 3-304 that
prohibits any board of elections employee from engaging or participating
in any trade or business that creates or tends to create an actual or
potential conflict of interest. The bill prohibits a board of elections
employee from maintaining any direct financial interest in a company

that provides services to a candidate who has an election overseen by
that employee's office. The bill also prohibits a board of elections
employee from maintaining any direct financial interest in a company
that sells voting machines, electronic poll books or other electronic
equipment to the board.

In addition, the bill prohibits any board of elections employee from
remaining on the board's payroll while running for an office that is
supervised by the board at which they are employed. Such an employee may
remain in "leave without pay" status until the time when either their
candidacy ends, or up until the day following certification of election
results, whichever comes first. However, when there are no primary
elections for the office being sought, the bill provides that the candi-
date may remain on the board's payroll for no more than 90 days prior to
the general election. The bill also provides that it shall not be a
conflict of interest if a board employee files a designating petition
for a party position, unless another person files a designating peti-
tion, creating a primary for that party position. At which point, the
employee may remain in "leave without pay" status until the time when
either their candidacy ends, or up until the day following certification
of election results, whichever comes first.

Finally, the bill clarifies that it is not a conflict of interest for a
board employee, who is a member of the county committee, a district
leader, a member of the state committee, or a delegate to a national
party convention and who endorses or supports a candidate for a party or
public office as part of their duties in said party position.

Section 2 sets the effective date.

 
JUSTIFICATION:

Election integrity is critical to our democratic process. In order for
it to work, the public must have faith that boards of election are
acting in the best interest of the public and fairly administering
elections. Currently, this faith is being called into question on a
regular basis.
Board of election employees and commissioners of elections responsible
for purchasing voting equipment are allowed to be paid as consultants of
the vendors who are selling this equipment to the board. In addition,
employees and commissioners act as campaign managers and high level
consultants for the candidates whose votes they are charged with count-
ing. Recently, a candidate for town board and a board of elections
employee was in charge of deciding which polling sites in their town
would remain open when sites were reduced because of COVID-19. These
situations have drawn public scrutiny and criticism. The public must be
confident that the board of elections is ensuring fair elections and not
individual benefit.

This legislation addresses this issue by preventing board of elections
employees from engaging or participating in any trade or business that
creates or may create an actual or potential conflict of interest. It
adds a critical layer of accountability to the pursuit of free and fair
elections in New York State.

 
PRIOR LEGISLATIVE HISTORY:

2021/22: S4542-A (Mayer) / A7561 (Jacobson): passed Senate (2021);
passed Senate (2022)

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately provided that subdivision 1 of
section 3-304, as added by section one of this act, shall take effect
one year after this act shall have become a law.

2023-S612C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  612--C
     Cal. No. 623
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              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  --
   reported  favorably  from  said  committee,  amended on second report,
   ordered to a 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:
 
   Section  1.  The election law is amended by adding a new section 3-304
 to read as follows:
   § 3-304. BOARD EMPLOYEES;  CONFLICTS  OF  INTEREST.  1.  NO  BOARD  OF
 ELECTIONS  EMPLOYEE SHALL ENGAGE IN OR PARTICIPATE IN ANY TRADE OR BUSI-
 NESS WHICH CREATES, OR MAY  TEND  TO  CREATE,  AN  ACTUAL  OR  POTENTIAL
 CONFLICT  OF INTEREST.   NO BOARD OF ELECTIONS EMPLOYEE SHALL MAINTAIN A
 DIRECT FINANCIAL INTEREST IN OR BE EMPLOYED BY A  VENDOR  OR  A  COMPANY
 PROVIDING  SERVICES  TO A CANDIDATE WHO HAS AN ELECTION OVERSEEN BY SUCH
 EMPLOYEE'S OFFICE, INCLUDING BUT NOT  LIMITED  TO,  PRINTING  COMPANIES,
 ELECTION CONSULTING COMPANIES, DIRECT MAIL COMPANIES AND DIGITAL MARKET-
 ING  COMPANIES.  NO  BOARD OF ELECTIONS EMPLOYEE SHALL MAINTAIN A DIRECT
 FINANCIAL INTEREST IN OR BE EMPLOYED BY A VENDOR OR COMPANY  THAT  SELLS
 TO  THE  BOARD VOTING MACHINES, ELECTRONIC POLL BOOKS, PRINTERS OR OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02172-28-4
 S. 612--C                           2
 
 TECHNICAL OR ELECTRONIC EQUIPMENT. A VIOLATION OF ANY OF THE  PROVISIONS
 OF  THIS  SUBDIVISION  SHALL  BE  CAUSE  FOR  DISCIPLINE BY THE BOARD OF
 ELECTIONS, INCLUDING REMOVAL OF THE BOARD OF ELECTIONS EMPLOYEE.
   2.  (A)  NO  BOARD  OF ELECTIONS EMPLOYEE SHALL REMAIN 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. FOR THE
 PURPOSES OF THIS ARTICLE, A BOARD OF ELECTIONS EMPLOYEE SHALL BE  DEEMED
 A  CANDIDATE  FOR  ELECTIVE  OFFICE  UPON THE FILING OF A DESIGNATING OR
 NOMINATING PETITION FOR SUCH  OFFICE  OR,  WHERE  NOMINATIONS  FOR  SUCH
 OFFICE ARE MADE OTHER THAN BY PETITION, UPON ACCEPTANCE OF A NOMINATION.
 SUCH  EMPLOYEE  MAY REMAIN IN "LEAVE WITHOUT PAY" STATUS UNTIL SUCH TIME
 AS THEIR CANDIDACY SHALL CEASE, OR UPON THE DAY  FOLLOWING  THE  CERTIF-
 ICATION  OF  ELECTION  RESULTS  FOR  SUCH OFFICE, WHICHEVER COMES FIRST.
 NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, WHEN THERE ARE NO PRIMA-
 RY ELECTIONS FOR THE OFFICE BEING SOUGHT BY A CANDIDATE THAT IS EMPLOYED
 BY THE BOARD OF ELECTIONS, THAT CANDIDATE MAY REMAIN  ON  THE  BOARD  OF
 ELECTIONS  PAYROLL  FOR  NO  MORE  THAN  NINETY  DAYS PRIOR TO A GENERAL
 ELECTION.
   (B) IT SHALL NOT BE A CONFLICT OF INTEREST FOR  A  BOARD  EMPLOYEE  TO
 FILE  A DESIGNATING PETITION FOR A PARTY POSITION, INCLUDING A MEMBER OF
 A COUNTY COMMITTEE AS DEFINED IN SECTION 2-104 OF THIS CHAPTER, DISTRICT
 LEADER AS OUTLINED IN SECTION 2-110 OF THIS CHAPTER, MEMBER OF THE STATE
 COMMITTEE AS DESCRIBED IN SECTION 2-102 OF THIS CHAPTER, A  DELEGATE  OR
 AN  ALTERNATE  DELEGATE  TO  JUDICIAL DISTRICT NOMINATING CONVENTIONS AS
 DESCRIBED IN SECTION 6-124 OF THIS CHAPTER, OR DELEGATE OR AN  ALTERNATE
 DELEGATE  TO NATIONAL PARTY CONVENTIONS AS DESCRIBED IN SECTION 2-122 OF
 THIS CHAPTER. HOWEVER, UPON ANOTHER PERSON FILING  A  VALID  DESIGNATING
 PETITION  CREATING  A  PRIMARY  FOR  THAT PARTY POSITION, THEN THE BOARD
 EMPLOYEE MAY REMAIN IN "LEAVE WITHOUT PAY" STATUS UNTIL THEIR  CANDIDACY
 SHALL CEASE OR UPON THE DAY FOLLOWING THE CERTIFICATION OF THE ELECTIONS
 RESULTS WHICHEVER IS FIRST.
   3.  IT  SHALL  NOT BE CONSIDERED A CONFLICT OF INTEREST FOR A BOARD OF
 ELECTIONS EMPLOYEE WHO IS A MEMBER OF A COUNTY COMMITTEE AS  DEFINED  IN
 SECTION  2-104 OF THIS CHAPTER, A DISTRICT LEADER AS OUTLINED IN SECTION
 2-110 OF THIS CHAPTER, A MEMBER OF THE STATE COMMITTEE AS  DESCRIBED  IN
 SECTION  2-102  OF  THIS CHAPTER, A DELEGATE OR AN ALTERNATE DELEGATE TO
 JUDICIAL DISTRICT NOMINATING CONVENTIONS AS DESCRIBED IN  SECTION  6-124
 OF  THIS  CHAPTER,  OR  A  DELEGATE OR AN ALTERNATE DELEGATE TO NATIONAL
 PARTY CONVENTIONS AS DESCRIBED IN SECTION 2-122 OF THIS CHAPTER WHO,  AS
 PART  OF  THEIR  DUTIES  IN  SAID PARTY POSITION, ENDORSES OR SUPPORTS A
 CANDIDATE FOR A PARTY POSITION OR PUBLIC OFFICE.
   § 2. This act shall take effect one year after it shall have become  a
 law.

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Senate Bill S612C

Sponsored By

Current Bill Status - On Floor Calendar

Jan 10, 2023 - Floor Vote

Floor Vote: Jan 10, 2023

Jan 9, 2023 - Rules Committee Vote

Rules Committee Vote: Jan 9, 2023

Mar 12, 2024 - Elections Committee Vote

Elections Committee Vote: Mar 12, 2024

Jan 9, 2023 - Elections Committee Vote

Elections Committee Vote: Jan 9, 2023

Bill Amendments

co-Sponsors

2023-S612 - Details

2023-S612 - Summary

2023-S612 - Sponsor Memo

2023-S612 - Bill Text download pdf

co-Sponsors

2023-S612A - Details

2023-S612A - Summary

2023-S612A - Sponsor Memo

2023-S612A - Bill Text download pdf

co-Sponsors

2023-S612B - Details

2023-S612B - Summary

2023-S612B - Sponsor Memo

2023-S612B - Bill Text download pdf

co-Sponsors

2023-S612C (ACTIVE) - Details

2023-S612C (ACTIVE) - Summary

2023-S612C (ACTIVE) - Sponsor Memo

2023-S612C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S612C

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Sponsored By

Shelley B. Mayer

Current Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Rachel May

2023-S612 - Details

2023-S612 - Summary

2023-S612 - Sponsor Memo

2023-S612 - Bill Text download pdf

co-Sponsors

Rachel May

2023-S612A - Details

2023-S612A - Summary

2023-S612A - Sponsor Memo

2023-S612A - Bill Text download pdf

co-Sponsors

Rachel May

2023-S612B - Details

2023-S612B - Summary

2023-S612B - Sponsor Memo

2023-S612B - Bill Text download pdf

co-Sponsors

Rachel May

2023-S612C (ACTIVE) - Details

2023-S612C (ACTIVE) - Summary

2023-S612C (ACTIVE) - Sponsor Memo

2023-S612C (ACTIVE) - Bill Text download pdf

Comments