S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3703
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 17, 2015
                                      ___________
       Introduced by Sen. ESPAILLAT -- 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 creating the "Help New
         York Vote act" for reforming the New York city board of elections
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. This act may be known as and may be cited as the "Help New
    2  York Vote act".
    3    S 2. Subdivisions 3 and 4 of section 3-200 of the election law, subdi-
    4  vision 4 as amended by chapter 195 of the laws of 2003, are amended  and
    5  three new subdivisions 8, 9 and 10 are added to read as follows:
    6    3.  In  the  city  of  New  York the board shall consist of [ten] FIVE
    7  commissioners of election who shall be registered voters in  the  county
    8  for  which  they are appointed [and they]. TWO shall be appointed by the
    9  SPEAKER OF THE city council of the  city  of  New  York,  TWO  SHALL  BE
   10  APPOINTED  BY THE NEW YORK CITY MAYOR AND ONE SHALL BE APPOINTED JOINTLY
   11  BY THE SPEAKER OF THE CITY COUNCIL OF THE CITY OF NEW YORK AND  THE  NEW
   12  YORK  CITY  MAYOR.  [Not more than two commissioners shall be registered
   13  voters of the same county.] THE TWO MEMBERS APPOINTED BY THE SPEAKER  OF
   14  THE  CITY COUNCIL OF THE CITY OF NEW YORK SHALL NOT BE REGISTERED IN THE
   15  SAME POLITICAL PARTY.  THE TWO MEMBERS APPOINTED BY THE  NEW  YORK  CITY
   16  MAYOR  SHALL  NOT BE REGISTERED IN THE SAME POLITICAL PARTY.  THE MEMBER
   17  APPOINTED JOINTLY BY THE SPEAKER OF THE CITY COUNCIL OF THE CITY OF  NEW
   18  YORK  AND  THE  NEW  YORK CITY MAYOR SHALL SERVE AS THE CHAIRPERSON, AND
   19  SHALL BE REGISTERED TO A  DIFFERENT  POLITICAL  PARTY  THAN  THE  MEMBER
   20  PREVIOUSLY  APPOINTED  JOINTLY BY THE SPEAKER OF THE CITY COUNCIL OF THE
   21  CITY OF NEW YORK AND THE NEW YORK CITY MAYOR.
   22    4. No person shall be appointed as election commissioner  or  continue
   23  to  hold  office  who is not a registered voter in the county and not an
   24  enrolled member of the party recommending his appointment, or who  holds
   25  any  other  public  office, except that of commissioner of deeds, notary
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08772-01-5
       S. 3703                             2
    1  public, village officer, city or town justice, [member  of  a  community
    2  board  within  the  city  of New York] or trustee or officer of a school
    3  district outside of a city. NO PERSON SHALL  BE  APPOINTED  AS  ELECTION
    4  COMMISSIONER  IN  THE  CITY OF NEW YORK WHO IS AN OFFICER IN A POLITICAL
    5  PARTY, EMPLOYEE OF THE CITY OF NEW YORK  OR  AN  AGENCY  THEREOF,  IS  A
    6  LOBBYIST  REQUIRED TO FILE A STATEMENT OF REGISTRATION OR BE EMPLOYED BY
    7  A LOBBYIST.
    8    8. AN ELECTION COMMISSIONER IN THE CITY OF NEW YORK SHALL NOT  PARTIC-
    9  IPATE  IN  ANY  CAPACITY IN A CAMPAIGN BY A CANDIDATE FOR NOMINATION FOR
   10  ELECTION OR ELECTION TO THE OFFICE OF MAYOR, COMPTROLLER, BOROUGH PRESI-
   11  DENT OR MEMBER OF THE CITY COUNCIL.
   12    9. AN ELECTION COMMISSIONER IN THE CITY OF NEW  YORK  SHALL  NOT  MAKE
   13  FINANCIAL  CONTRIBUTIONS  TO  ANY CANDIDATE FOR ANY PUBLIC OFFICE IN THE
   14  CITY OF NEW YORK.
   15    10. AN ELECTION COMMISSIONER IN THE CITY OF NEW YORK SHALL BE  REMOVED
   16  FOR CAUSE AND UPON NOTICE AND HEARING.
   17    S  3. Subdivision 1 of section 3-202 of the election law is amended to
   18  read as follows:
   19    1. The term of office of an election commissioner shall be  two  years
   20  beginning  January  first  of  each odd numbered year except that in the
   21  city of New York THE TERM SHALL BE THREE YEARS and the county  of  Sche-
   22  nectady  the term shall be four years beginning on January first of each
   23  alternate odd numbered year. The county legislative body  of  any  other
   24  county  may  determine  that  the  commissioners of elections thereafter
   25  appointed shall serve for a term of four years. Such  determination  may
   26  be rescinded by a subsequent action of the county legislative body which
   27  shall  take  effect  at the expiration of the terms of the commissioners
   28  then in office.  ELECTION COMMISSIONERS IN THE CITY OF  NEW  YORK  SHALL
   29  NOT SERVE MORE THAN FOUR TERMS.
   30    S 4. Subdivisions 1 and 4 of section 3-204 of the election law, subdi-
   31  vision  4 as amended by chapter 116 of the laws of 2010, are amended and
   32  a new subdivision 6 is added to read as follows:
   33    1. At least thirty days before the first day of January of any year in
   34  which a commissioner of elections is to be appointed,  the  chairman  or
   35  secretary of the appropriate party county committee shall file a certif-
   36  icate  of  party  recommendation with the clerk of the appropriate local
   37  legislative body.  THIS SUBDIVISION SHALL NOT APPLY TO THE CITY  OF  NEW
   38  YORK.
   39    4. Commissioners of election shall be appointed by the county legisla-
   40  tive  body, or in the city of New York, by the SPEAKER OF THE city coun-
   41  cil AND THE NEW YORK CITY MAYOR. Provided, however, that if  a  legisla-
   42  tive  body  shall  fail to appoint any person recommended by a party for
   43  appointment as a commissioner pursuant to this  section,  within  thirty
   44  days  after  the  filing  of  a  certificate of recommendation with such
   45  legislative body, then the members of  such  legislative  body  who  are
   46  members  of the political party which filed such certificate may appoint
   47  such person. And further provided, if there are no members of the legis-
   48  lative body who are members of the  political  party  which  filed  such
   49  certificate,  the  appointment  shall take effect upon the expiration of
   50  thirty days from the date that the certificate was filed. If none of the
   51  persons named in any of  the  certificates  filed  by  a  party  are  so
   52  appointed  within  sixty  days after the filing of any such certificate,
   53  then such party may file another certificate within  thirty  days  after
   54  the  expiration  of  any  such sixty day period recommending a different
   55  person for such appointment. If a party  fails  to  file  a  certificate
   56  within  the time prescribed by this section, the members of the legisla-
       S. 3703                             3
    1  tive body who are members of such party may appoint any eligible  person
    2  to such office.
    3    6.  IF  AT  ANY  TIME  A  VACANCY OCCURS IN THE NEW YORK CITY BOARD OF
    4  ELECTIONS, THE POSITION SHALL BE  FILLED  IN  THE  SAME  MANNER  AS  THE
    5  ORIGINAL  APPOINTMENT,  AS  ESTABLISHED  IN SUBDIVISION THREE OF SECTION
    6  3-200 OF THIS ARTICLE.
    7    S 5. Subdivision 5 of section 3-212 of the election law is amended  to
    8  read as follows:
    9    5.  The board of elections of the city of New York[, upon the affirma-
   10  tive vote of six commissioners, may adopt rules authorizing a number  of
   11  commissioners  less  than  the  total  membership of the board to act on
   12  behalf of the board on matters required to be  performed  by  boards  of
   13  election  pursuant to the provisions of this chapter, provided that such
   14  number shall be comprised of commissioners representing equally the  two
   15  political parties entitled to representation on the board] SHALL DEVELOP
   16  A  COMPUTER  DATABASE TO BE ACCESSIBLE TO THE PUBLIC WHICH SHALL CONTAIN
   17  THE NAMES, LEGAL ADDRESSES AND VOTING LOCATIONS OF ALL  ELIGIBLE  VOTING
   18  RESIDENTS IN AN ELECTION DISTRICT.
   19    S 6. Subdivision 3 of section 4-120 of the election law, as amended by
   20  chapter 359 of the laws of 1989, is amended to read as follows:
   21    3. The board of elections of the city of New York shall publish on the
   22  [eighth]  THIRTIETH day before and the day before each general election,
   23  in at least two newspapers in such city, a  notice,  at  least  one-half
   24  page  in  size,  in English and such other languages as such board deems
   25  appropriate, which sets forth the dates and hours of  the  election  and
   26  the  phone  number to call for information about the location of polling
   27  places, their accessibility to the handicapped, applications for  absen-
   28  tee  ballots  and any other subjects which such board deems appropriate.
   29  THE BOARD OF ELECTIONS OF THE CITY  OF  NEW  YORK  SHALL  ELECTRONICALLY
   30  NOTIFY  VOTERS  OF  SUCH INFORMATION WHERE ELECTRONIC MAIL ADDRESSES ARE
   31  AVAILABLE.
   32    S 7. This act shall take effect January 1, 2016.