BILL NUMBER: S699
SPONSOR: KRUEGER
 
TITLE OF BILL:
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
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill creates an unconsolidated law to sunset the term
of each member of the current Board of Elections in the city of New York
upon the confirmation of new commissioners.
Section two of the bill amends section 3-200 of the Election Law to
reduce the number of commissioners at the New York City Board of
Elections from ten commissioners to two commissioners.
Section three of the bill amends section 3-204 of the Election Law to
develop a new framework for the nomination and appointment of commis-
sioners of election in the city of New York. Each county committee
shall, within 60 days of a vacancy, file a certificate of party recom-
mendation for one individual to be nominated to the position of election
commissioner. The city council would then hold a public hearing on the
nominees and confirm two individuals from separate counties, with one
commissioner representing each of the two parties that received the
most, and second most votes, in the most recent gubernatorial election.
Section four of the bill amends section 3-212 of the Election Law to
require additional budgetary responsibility at the board of elections.
The director of the management and budget would be required to notify
the executive director, the mayor, the speaker of the city council, and
the public advocate if it is expected that the city board of elections
would exceed its appropriation. The executive director of such board
would be responsible for responding to such director with a projection
of the amount that they will exceed their appropriation, and relevant
information justifying such excess expenditures.
Section five of the bill adds new subdivisions to section 3-300 of the
election law delineating the powers and duties of the executive director
of the city board of elections, and the board of elections of the city
of New York (The board). The board will be responsible for promulgating
regulations, issuing orders and making decisions regarding general poli-
cies affecting the administration of elections of the city of New York.
The bill expressly reserves certain powers and functions for the board,
including but not limited to the designation of election districts and
poll sites, approving procurement contracts valued at greater than one
million dollars, choosing voting machines and systems, canvassing
election results, making determinations regarding the nomination and
designation of candidates, and, the form and content of ballots and
challenges to voter registration.
The executive director, would now be appointed by a majority vote of the
mayor of the city of New York, the speaker of the city cduncil and the
public advocate, with the provision that the Mayor must be part of the
majority. The executive director would be chosen for appointment from a
list developed by the commissioners of election representing each poli-
tical party. The executive directors would have the same powers and
duties delegated to local boards of elections under the Election Law,
including but not limited to the appointment, salaries and removal of
all staff, such as a deputy director, poll workers, inspectors and voter
machine technicians and all matters relating to voter registration and
enrollment, cancellation of voter registration, policies providing for
appropriate ongoing training of employees, policies establishing employ-
ee evaluations, change of voter status and registration records, except
where such powers are expressly reserved for the board. The executive
director must exercise their powers in a manner not inconsistent with
the policies established by the Board.
Section six amends section 4-136 of the election law to include the
purchase of goods, services, and technology to the list of items for
which the city board of elections can procure from the city. The board
shall comply with the rules and regulations of the city procurement
policy board and applicable state law.
Section seven provides for the current commissioners to continue to
perform the functions of the board of elections until the expiration of
their term.
Section eight allows the current executive director to assume the role
of executive director until the commissioners complete the required
process for appointing an executive director.
Section nine is the severability clause
Section ten is the effective date of the bill.
 
JUSTIFICATION:
In response to several shortcomings of various Board of Elections across
New York, it became incumbent on the lawmakers to hold several hearings,
roundtables, and listening sessions to learn from academic experts,
voters, and employees about what needed to be done to ensure that our
board of elections worked for the voters in this State. One of the
recurring themes was the need to reform the New York City Board of
Elections to make the New York City Board of Elections more efficient
and accountable to the people of New York City.
This bill provides for clear delineation of the various responsibilities
of the commissioners of the board of elections, and provides for clear
powers, responsibilities, and duties for the executive director. The
bill reduces the number of elections commissioners and ensures that
there is transparency in their appointment and encourages professional-
ism over nepotism. This language, coupled with a methodology where the
executive director can be held accountable through processes designed to
remove and appoint them further ensures responsibility to the voters.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S.619A/A.662-A (Rozic) -Passed Senate
2021-2022: S.6226-E/A.5691-E (Rozic)- Passed Senate
2019-2020: S.2726 Elections/ A.11169 (Rozic) Elections
2017-2018: S.6877 Elections
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that sections
one, three, four and five shall take effect on January 1,2025 and
sections six, seven and eight shall take effect sixty days after it
shall become a law.

Statutes affected:
S699: 3-212 election law, 3-300 election law, 4-136 election law, 4-136(3) election law