§ 3-100. New York state board of elections; membership; organization.\n1. There is hereby created within the executive department a New York\nstate board of elections, hereafter referred to as the "state board of\nelections", composed of four commissioners appointed by the governor:\ntwo commissioners, one each from among not fewer than two persons\nrecommended by the chairman of the state committee of each of the major\npolitical parties; and two other commissioners, one upon the joint\nrecommendation of the legislative leaders, of one major political party,\nin each house of the legislature and one upon the joint recommendation\nof the legislative leaders, of the other major political party, in each\nhouse of the legislature. The commissioners shall be appointed for terms\nof two year
Free access — add to your briefcase to read the full text and ask questions with AI
§ 3-100. New York state board of elections; membership; organization.\n1. There is hereby created within the executive department a New York\nstate board of elections, hereafter referred to as the "state board of\nelections", composed of four commissioners appointed by the governor:\ntwo commissioners, one each from among not fewer than two persons\nrecommended by the chairman of the state committee of each of the major\npolitical parties; and two other commissioners, one upon the joint\nrecommendation of the legislative leaders, of one major political party,\nin each house of the legislature and one upon the joint recommendation\nof the legislative leaders, of the other major political party, in each\nhouse of the legislature. The commissioners shall be appointed for terms\nof two years each and in the same manner as their respective\npredecessors. A commissioner appointed to the board to fill a vacancy\ncaused other than by expiration of a term, shall serve for the balance\nof the unexpired term. In the event that there is a vacancy in the\noffice of the commissioner appointed on the recommendation of such\nlegislative leaders caused by expiration of term or otherwise, such\nlegislative leaders responsible for making the joint recommendation to\nfill such vacancy shall jointly recommend an individual to fill such\nvacancy and the governor shall make the appointment from such joint\nrecommendation within thirty days of receiving such joint\nrecommendation. In the event the governor does not act on such joint\nrecommendation within thirty days or objects to such joint\nrecommendation, then the legislative leaders making such joint\nrecommendation shall have the option of: (a) appointing the individual\nso jointly recommended as a commissioner, or (b) jointly recommending\nanother individual for appointment by the governor according to the\nprocedure outlined in this subdivision.\n 2. The two commissioners of the board appointed upon the\nrecommendation of the legislative leaders shall be co-chairs of the\nstate board of elections.\n 3. The commissioners of the state board of elections shall have no\nother public employment. The commissioners shall receive an annual\nsalary of twenty-five thousand dollars, within the amounts made\navailable therefor by appropriation. The board shall, for the purposes\nof sections seventy-three and seventy-four of the public officers law,\nbe a "state agency", and such commissioners shall be "officers" of the\nstate board of elections for the purposes of such sections. Within the\namounts made available by appropriation therefor, the state board of\nelections shall appoint two co-executive directors, and such other staff\nmembers as are necessary in the exercise of its functions, and may fix\ntheir compensation. The commissioners or, in the case of a vacancy on\nthe board, the commissioner of each of the major political parties shall\nappoint one co-executive director. Each co-executive director shall\nserve a term of four years. Any vacancy in the office of co-executive\ndirector shall be filled by the commissioners or, in the case of a\nvacancy on the board, the commissioner of the same major political party\nas the vacating incumbent for the remaining period of the term of such\nvacating incumbent.\n 3-a. There is established within the state board of elections the\noffice of chief enforcement counsel to head the division of election law\nenforcement. Such counsel shall serve in said office for a fixed term of\nfive years commencing September first, two thousand fourteen, and may\nonly be removed by the governor for substantial neglect of duty, gross\nmisconduct in office, or the inability to discharge the powers or duties\nof office, upon notice with an opportunity to be heard. The chief\nenforcement counsel shall have sole authority over personnel decisions\nwithin the enforcement division. All hiring decisions made by the chief\nenforcement counsel shall be made without regard to political\naffiliation. The chief enforcement counsel shall not hold any other\npublic office, be a party officer during his or her term of office, or\notherwise engage in outside employment. He or she shall be chosen by the\ngovernor which choice shall be confirmed by each house of the\nlegislature separately by a majority vote of the members elected to each\nhouse of the legislature.\n 4. For the purposes of meetings, three commissioners shall constitute\na quorum. The affirmative vote of three commissioners shall be required\nfor any official action of the state board of elections.\n 5. The principal office of the state board of elections shall be in\nthe county of Albany.\n