BILL NUMBER: S5195
SPONSOR: KAVANAGH
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 8 of article 2 of the constitution, in relation to the compo-
sition of boards of elections
 
PURPOSE OR GENERAL IDEA OF BILL:
To amend the constitution to enable the legislature to set qualifica-
tions for members and officers of boards of elections.
 
SUMMARY OF PROVISIONS:
The bill proposes to amend section 8 of Article 2 of the State Constitu-
tion to enable it to set qualifications for members and officers of
boards of elections.
 
JUSTIFICATION:
The Constitution specifies that the two parties that receive the highest
and next highest number of votes shall be equally represented on boards
of elections. However, it does not provide for or authorize the legisla-
ture to provide for qualifications of the individuals who serve. Without
affecting the bipartisan parity requirement, this proposed constitu-
tional change would allow the legislature to enact legislation specify-
ing qualifications for members and officers of boards of elections that
the legislature deems appropriate for the boards to carry out their
duties in administering elections. The present bill is silent on what
specific qualifications might be appropriate, leaving that to later
legislative enactment.
 
PRIOR LEGISLATIVE HISTORY:
2024: S667 (Kavanagh) / A755 (Rozic) - OPINION REFERRED TO
JUDICIARY/opinion referred to judiciary
2023: S667 (Kavanagh) / A755 (Rozic) - OPINION REFERRED TO
JUDICIARY/opinion referred to judiciary
2022: S3094 (Kavanagh) / A6597 (Rozic) - AG OPINION REFERRED TO
JUDICIARY/AG Opinion Referred to Judiciary
2021: S3094 (Kavanagh) / A6597 (Rozic) - AG OPINION REFERRED TO
JUDICIARY/AG Opinion Referred to Judiciary
2020: S2368 - AG Opinion Referred Lo :Judiciary
2019: S2368 - AG Opinion Referred to Judiciary
2018: S7035 - AG Opinion Referred to Judiciary
2017: S1798 - AG Opinion Referred to Judiciary
2016: S162/A5678 - AG Opinion Referred to Judiciary / AG Opinion
Referred to Judiciary'
2015: S162/A5678 - AG Opinion Referred to Judiciary / AG Opinion
Referred to Judiciary
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Resolved (if the Assembly concur), that the foregoing amendment be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.