BILL NUMBER: S10662
SPONSOR: GOUNARDES
TITLE OF BILL:
An act to amend the election law, in relation to conflicts of interest
of boards of elections employees and election commissioners
PURPOSE OR GENERAL IDEA OF BILL:
This bill would protect election integrity by prohibiting BOE officials
from holding financial or operational roles in political action commit-
tees active in elections they help administer.
SUMMARY OF PROVISIONS:
Section one amends Section 3-304 of Election Law, as added by chapter
639 of the laws of 2024, subdivision 2 as amended by chapter 105 of the
laws of 2025
Section two provides for the effective date
JUSTIFICATION:
In New York, BOE officials are responsible for administering elections
and maintaining public confidence in the democratic process. Their
duties include maintaining voter records, processing candidate
petitions, managing poll site operations, ensuring voter access, and
canvassing and certifying votes. These responsibilities give BOE offi-
cials authority over election operations as well as decisions that
affect who appears on the ballot and how the election is conducted.
Political action committees raise and direct political money to support
candidates and influence elections. They can give money to candidates,
candidate committees, party committees, or independent expenditure
committees (lEs). Since 2016, PACs must register with the New York State
Board of Elections and disclose basic information that includes the
committee name, treasurer, check signers, people with operational
control, and salaried employees.
Current election law does not clearly prohibit BOE officials from
participating in PACs that seek to influence elections administered by
their own boards. In April 2026, during the election for New York City
Council District 3, a NYC BOE commissioner overseeing the board that
administered the election also helped form a PAC supporting a candidate
in the election. This placed the commissioner in two conflicting roles.
In other words, he had influence over decisions affecting who remained
on the ballot while also overseeing political spending in support of one
candidate.
This legislation addresses that conflict of interest. A BOE official is
entrusted with decisions that can affect ballot access. When that same
official also holds a 'financial or operational role' in a PAC, it leads
to a disproportionate influence over the election process. This creates
a serious public trust concern. Although New York's BOE system allows
partisan representation, that structure is meant to balance political
interests within election administration. It is not meant to allow an
election official to also help operate a PAC seeking a specific elec-
toral result. This dual role undermines that balance and creates a
conflict of interest that weakens public confidence in the democratic
process.
Hence, this bill ensures that a BOE official cannot meddle in elections
and affect the results. This protects the fairness of the election proc-
ess and preserves public confidence in democratic outcomes. It serves as
a clear conflict-of-interest guardrail by separating election adminis-
tration from political spending activity intended to support one candi-
date over others.
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.