§ 3-100. New York state board of elections; membership; organization.

734 words·~3 min read·/ny/election/election-officials/statewide-provisions/3-100·

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1. There is hereby created within the executive department a New York

state board of elections, hereafter referred to as the "state board of

elections", composed of four commissioners appointed by the governor:

two commissioners, one each from among not fewer than two persons

recommended by the chairman of the state committee of each of the major

political parties; and two other commissioners, one upon the joint

recommendation of the legislative leaders, of one major political party,

in each house of the legislature and one upon the joint recommendation

of the legislative leaders, of the other major political party, in each

house of the legislature. The commissioners shall be appointed for terms

of two years each and in the same manner as their respective

predecessors. A commissioner appointed to the board to fill a vacancy

caused other than by expiration of a term, shall serve for the balance

of the unexpired term. In the event that there is a vacancy in the

office of the commissioner appointed on the recommendation of such

legislative leaders caused by expiration of term or otherwise, such

legislative leaders responsible for making the joint recommendation to

fill such vacancy shall jointly recommend an individual to fill such

vacancy and the governor shall make the appointment from such joint

recommendation within thirty days of receiving such joint

recommendation. In the event the governor does not act on such joint

recommendation within thirty days or objects to such joint

recommendation, then the legislative leaders making such joint

recommendation shall have the option of:

(a)appointing the individual

so jointly recommended as a commissioner, or

(b)jointly recommending

another individual for appointment by the governor according to the

procedure outlined in this subdivision.

2. The two commissioners of the board appointed upon the

recommendation of the legislative leaders shall be co-chairs of the

state board of elections.

3. The commissioners of the state board of elections shall have no

other public employment. The commissioners shall receive an annual

salary of twenty-five thousand dollars, within the amounts made

available therefor by appropriation. The board shall, for the purposes

of sections seventy-three and seventy-four of the public officers law,

be a "state agency", and such commissioners shall be "officers" of the

state board of elections for the purposes of such sections. Within the

amounts made available by appropriation therefor, the state board of

elections shall appoint two co-executive directors, and such other staff

members as are necessary in the exercise of its functions, and may fix

their compensation. The commissioners or, in the case of a vacancy on

the board, the commissioner of each of the major political parties shall

appoint one co-executive director. Each co-executive director shall

serve a term of four years. Any vacancy in the office of co-executive

director shall be filled by the commissioners or, in the case of a

vacancy on the board, the commissioner of the same major political party

as the vacating incumbent for the remaining period of the term of such

vacating incumbent.

3-a. There is established within the state board of elections the

office of chief enforcement counsel to head the division of election law

enforcement. Such counsel shall serve in said office for a fixed term of

five years commencing September first, two thousand fourteen, and may

only be removed by the governor for substantial neglect of duty, gross

misconduct in office, or the inability to discharge the powers or duties

of office, upon notice with an opportunity to be heard. The chief

enforcement counsel shall have sole authority over personnel decisions

within the enforcement division. All hiring decisions made by the chief

enforcement counsel shall be made without regard to political

affiliation. The chief enforcement counsel shall not hold any other

public office, be a party officer during his or her term of office, or

otherwise engage in outside employment. He or she shall be chosen by the

governor which choice shall be confirmed by each house of the

legislature separately by a majority vote of the members elected to each

house of the legislature.

4. For the purposes of meetings, three commissioners shall constitute

a quorum. The affirmative vote of three commissioners shall be required

for any official action of the state board of elections.

5. The principal office of the state board of elections shall be in

the county of Albany.