§ 3-204 — Election commissioners; appointment

New York § 3-204

• Jurisdiction: New York
• Law ELN: Election
• Title 2: Board of Elections
• Art. 3: Election Officials

Text

§ 3-204. Election commissioners; appointment. 1. At least thirty days\nbefore the first day of January of any year in which a commissioner of\nelections is to be appointed, the chairman or secretary of the\nappropriate party county committee shall file a certificate of party\nrecommendation with the clerk of the appropriate local legislative body.\n 2. Party recommendations for election commissioner shall be made by\nthe county committee or by such other committee as the rules of the\nparty may provide, by a majority of the votes cast at a meeting of the\nmembers of such committee at which a quorum is present. If at any time a\nvacancy occurs in the office of any election commissioner other than by\nexpiration of term of office, party recommendations to fill such vacancy\nshall be made by the county committee or by such other committee as the\nrules of the party may provide, by a majority of the votes cast at a\nmeeting of the members of such committee at which a quorum is present.\n 3. The certificate filed shall be in such form and contain such\ninformation as shall be prescribed by the state board of elections.\n 4. Commissioners of election shall be appointed by the county\nlegislative body, or in the city of New York, by the city council.\nProvided, however, that if a legislative body shall fail to appoint any\nperson recommended by a party for appointment as a commissioner pursuant\nto this section, within thirty days after the filing of a certificate of\nrecommendation with such legislative body, then the members of such\nlegislative body who are members of the political party which filed such\ncertificate may appoint such person. And further provided, if there are\nno members of the legislative body who are members of the political\nparty which filed such certificate, the appointment shall take effect\nupon the expiration of thirty days from the date that the certificate\nwas filed. If none of the persons named in any of the certificates filed\nby a party are so appointed within sixty days after the filing of any\nsuch certificate, then such party may file another certificate within\nthirty days after the expiration of any such sixty day period\nrecommending a different person for such appointment. If a party fails\nto file a certificate within the time prescribed by this section, the\nmembers of the legislative body who are members of such party may\nappoint any eligible person to such office.\n 5. If at any time a vacancy occurs in the office of any election\ncommissioner other than by expiration of term of office, such vacancy\nshall be filled as herein provided for the regular appointment of a\ncommissioner except that a person who fills a vacancy shall hold such\noffice during the remainder of the term of the commissioner in whose\nplace he shall serve. Certificates of party recommendation to fill such\nvacancy shall be filed not later than forty-five days after the creation\nof the vacancy.\n