A01852 Summary:

BILL NOA01852
 
SAME ASSAME AS S00699
 
SPONSORRozic
 
COSPNSRBichotte Hermelyn, Simon, Gallagher, Anderson, Carroll R, Seawright, Hevesi, Rosenthal, Mamdani, Reyes
 
MLTSPNSR
 
Amd §§3-200, 3-204, 3-212, 3-300 & 4-136, El L
 
Relates to the exercise of powers and duties of the board of elections of the city of New York and its executive management; provides for equal representation among certain employees of the board of elections; relates to qualification and removal of certain employees of the board of elections.
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A01852 Actions:

BILL NOA01852
 
01/14/2025referred to election law
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A01852 Committee Votes:

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A01852 Floor Votes:

There are no votes for this bill in this legislative session.
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A01852 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1852
 
SPONSOR: Rozic
  TITLE OF BILL: An act to amend the election law, in relation to the exercise of powers and duties of the board of elections of the city of New York and its executive management   PURPOSE: The purpose of this bill is to reform the governance and operations of the New York City Board of Elections by streamlining its structure, enhancing accountability, and ensuring the qualifications and training of its commissioners and executive management.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill creates an unconsolidated law to sunset the term of each member of the current Board of Elections in the city of New York upon the confirmation of new commissioners. Section two of the bill amends section 3-200 of the Election Law to reduce the number of commissioners at the New York City Board of Elections from ten commissioners to two commissioners.-This section would require the State Board of Elections to prescribe certain quali- fications that shall apply to the commissioners of election of the board of elections for the city of New York. These qualifications would ensure that commissioners have the skills and knowledge to exercise the respon- sibilities and duties of their position. Commissioners at the board of elections of the city of New York would be required to complete train- ings conducted by the state board within 60 days after they commence their duties. Section three of the bill amends section 3-204 of the Election Law to develop a new framework for the nomination and appointment of commis- sioners of election in the city of New York. Each county committee shall, within 60 days of a vacancy, file a certificate of party recom- mendation for one individual to be nominated to the position of election commissioner. The city council would then hold a public hearing on the nominees and confirm two individuals from separate counties, with one commissioner representing each of the two parties that received the most, and second most votes, in the most recent gubernatorial election. Section four of the bill amends section 3-212 of the Election Law to require additional budgetary responsibility at the board of elections. The director of the management and budget would be required to notify the co-executive directors, the mayor, the speaker of the city council, and the public advocate if it is expected that the city board of elections would exceed its appropriation. The co-executive directors of such board would be responsible for responding to such director a projection of the amount that they will exceed their appropriation, and relevant information justifying such excess expenditures. Section five of the bill adds new subdivisions to section 3-300 of the election law delineating the powers and duties of the co-executive directors of the city board of elections, and the board of elections of the city of New York (The board). The board will be responsible for promulgating regulations, issuing orders and making decisions regarding general policies affecting the administration of elections of the city of New York. The bill expressly reserves certain powers and functions for the board, including but not limited to the designation of election districts and poll sites, approving procurement contracts valued at greater than one million dollars, choosing voting machines and systems, canvassing election results, making determinations regarding the nomi- nation and designation of candidates, and, the form and content of ballots and challenges to voter registration. The co-executive directors, which must be of separate political party affiliation, would now be appointed by a majority vote of the mayor of the city of New York, the speaker of the city council and the public advocate, with the provision that the Mayor must be part of the majori- ty. The co-executive directors would be chosen for appointment from alist developed by the commissioner of election representing each poli- tical party. The co-executive directors would have the same powers and duties delegated to local boards of elections under the Election Law, including but not limited to the appointment, salaries and removal of all staff, such as poll workers, inspectors and voter machine techni- cians and all matters relating to voter registration and enrollment, cancellation of voter registration, policies providing for appropriate ongoing training of employees, policies establishing employee evalu- ations, change of voter status and registration records, except where such powers are expressly reserved for the board. The co-executive directors must exercise their powers in a manner not inconsistent with the policies established by the Board. Section six amends section 4-136 of the election law to include the purchase of goods, services, and technology to the list of items for which the city board of elections can procure from the city. The board shall comply with the rules and regulations of the city procurement policy board and applicable state law. Section seven provides for the current commissioners to continue to perform the functions of the board of elections until the expiration of their term. Section eight allows the current executive director and deputy executive director to assume the roles of co-executive directors until the commis- sioners complete the required process for appointing co-executive direc- tors. Section nine is the effective date of the bill.   JUSTIFICATION: In response to several shortcomings of various Board of Elections across New York, it became incumbent on the lawmakers to hold several hearings, roundtables, and listening sessions to learn from academic experts, voters, and employees about what needed to be done to ensure that our board of elections worked for the voters in this State. One of the recurring themes was the need to reform the New York City Board of Elections to make the New York City Board of Elections more efficient and accountable to the people of New York City. This bill provides for clear delineation of the various responsibilities of the commissioners of the board of elections, and provides for clear powers, responsibilities, and duties for the co-executive directors. The bill reduces the number of elections commissioners and ensures that there is transparency in their appointment and encourages professional- ism over nepotism. This language, coupled with a methodology where the co-executive directors can be held accountable through processes designed to remove and appoint co-executive directors ensure that voters know who is responsible for ensuring that voters in New York City can exercise their right to vote. Most importantly, the bill creates various training and continuing education requirements for commissioners, co-ex- ecutive directors, and staff so that all employees and managers have the skills needed to administer elections in the City efficiently, accurate- ly, and that the voting rights of New Yorkers are protected.   PRIOR LEGISLATIVE HISTORY: 2024: A662 (Rozic) - Election Law 2023: A662 (Rozic) - Election Law 2022: A5691E (Rozic) - Election Law 2021: A5691C (Rozic) - Election Law 2019: A11169 (Rozic)- Elections 2020: A11169 (Rozic)- Elections 2017-2018: S.6877- Elections   FISCAL IMPACT ON THE STATE: None.   EFFECTIVE DATE: This act shall take effect immediately; provided however, that sections one, three, four and five shall take effect on January 1, 2026 and sections six, seven and eight shall take effect sixty days after it shall become a law.
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A01852 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1852
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  ROZIC,  BICHOTTE HERMELYN, SIMON, GALLAGHER,
          ANDERSON, R. CARROLL, SEAWRIGHT, HEVESI, ROSENTHAL, MAMDANI, REYES  --
          read once and referred to the Committee on Election Law
 
        AN  ACT to amend the election law, in relation to the exercise of powers
          and duties of the board of elections of the city of New York  and  its
          executive management
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Notwithstanding any inconsistent provision of  law  to  the
     2  contrary, on the effective date of this act the term of each commission-
     3  er  of  the  New  York  City Board of Elections, or any vacant position,
     4  shall be deemed expired, and each such commissioner or  vacant  position
     5  shall be replaced with new appointments made pursuant to this section.
     6    In  the city of New York, the county committee of each major political
     7  party shall, within sixty days after the effective  date  of  this  act,
     8  file  a  certificate  of party recommendation with the clerk of the city
     9  council of the city of New York recommending  one  qualified  individual
    10  for  consideration  to  serve  as  a commissioner of elections. The city
    11  council shall immediately, or as soon as practicable but  no  more  than
    12  thirty  days  thereafter, hold a public hearing on such recommendations,
    13  and provided further, no more than thirty days  thereafter  confirm  two
    14  qualified  individuals for such positions, who shall succeed those indi-
    15  viduals whose terms shall have expired pursuant to this section.
    16    § 2. The section heading and subdivision 3 of  section  3-200  of  the
    17  election  law, the section heading as amended by chapter 373 of the laws
    18  of 1978, are amended to read as follows:
    19    Boards  of  elections;  creation,  qualifications  of   commissioners,
    20  removal; additional qualifications and training in the city of New York.
    21    3.  In  the  city  of  New  York  the board shall consist of [ten] two
    22  commissioners of election who [shall be registered voters in the  county
    23  for  which  they  are appointed and they] shall be appointed by the city
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02471-01-5

        A. 1852                             2
 
     1  council of the city of New York. [Not more than two commissioners  shall
     2  be  registered  voters  of  the same county] No two commissioners may be
     3  residents of the same county or registered voters of the same party.
     4    § 3. Subdivisions 2 and 4 of section 3-204 of the election law, subdi-
     5  vision  2 as amended by chapter 453 of the laws of 1997, and subdivision
     6  4 as amended by chapter 116 of the laws of 2010, are amended to read  as
     7  follows:
     8    2.  (a)  Party recommendations for election commissioner shall be made
     9  by the county committee or by such other committee as the rules  of  the
    10  party  may  provide, by a majority of the votes cast at a meeting of the
    11  members of such committee at which a quorum is present. If at any time a
    12  vacancy occurs in the office of any election commissioner other than  by
    13  expiration of term of office, party recommendations to fill such vacancy
    14  shall  be made by the county committee or by such other committee as the
    15  rules of the party may provide, by a majority of the  votes  cast  at  a
    16  meeting of the members of such committee at which a quorum is present.
    17    (b) Party recommendations for election commissioner in the city of New
    18  York  or  to  fill  a vacancy in such office shall be made by the county
    19  committee or by such other committee as  the  rules  of  the  party  may
    20  provide,  by a majority of the votes cast at a meeting of the members of
    21  such committee at which a quorum is present.  Each party  shall,  within
    22  sixty days of a vacancy, file a certificate of party recommendation with
    23  the  clerk  of the city council of the city of New York recommending one
    24  individual for consideration to serve as a  commissioner  of  elections.
    25  The  city  council  shall  immediately, or as soon as practicable but no
    26  more than thirty days thereafter, hold a public hearing on  such  recom-
    27  mendations  and  provided  further,  no more than thirty days thereafter
    28  confirm an individual for such position.
    29    4. Commissioners of election shall be appointed by the county legisla-
    30  tive body, or in the city of New York, by the city council  following  a
    31  public  hearing.    Provided,  however, that if a legislative body shall
    32  fail to appoint any person recommended by a party for appointment  as  a
    33  commissioner  pursuant  to  this  section,  within thirty days after the
    34  filing of a certificate of recommendation with  such  legislative  body,
    35  then  the  members of such legislative body who are members of the poli-
    36  tical party which filed such certificate may appoint  such  person.  And
    37  further  provided,  if  there are no members of the legislative body who
    38  are members of the political party which  filed  such  certificate,  the
    39  appointment  shall  take  effect upon the expiration of thirty days from
    40  the date that the certificate was filed. If none of the persons named in
    41  any of the certificates filed by a party are so appointed  within  sixty
    42  days  after the filing of any such certificate, then such party may file
    43  another certificate within thirty days after the expiration of any  such
    44  sixty  day  period recommending a different person for such appointment.
    45  If a party fails to file a certificate within  the  time  prescribed  by
    46  this  section,  the  members  of the legislative body who are members of
    47  such party may appoint any eligible person to such office.
    48    § 4. The section heading of section  3-212  of  the  election  law  is
    49  amended and a new subdivision 6 is added to read as follows:
    50    Boards  of  elections; organization, proceedings, reports and records;
    51  budget reporting in the city of New York.
    52    6. If, at any time during the city fiscal year  of  the  city  of  New
    53  York, the director of management and budget of such city determines that
    54  the  expenditures  of the board of elections of the city of New York are
    55  reasonably likely to exceed appropriations to such board  for  personnel
    56  services  or  other  than personnel services for a quarter of the fiscal

        A. 1852                             3
 
     1  year, based upon a reasonable allotment by such director of such  appro-
     2  priations  to such quarter, or for the entire fiscal year, such director
     3  shall provide written notice of  such  determination  to  the  executive
     4  director  of such board, the mayor of such city, the speaker of the city
     5  council of such city, and the public advocate  of  such  city,  together
     6  with  any  relevant requests for additional data or information that the
     7  director determines to be material to such  board's  level  of  expendi-
     8  tures.  Within  twenty  days  of  receiving  such notice, such executive
     9  director shall submit to  such  director,  mayor,  public  advocate  and
    10  speaker  a  projection  of whether and by what amount it will exceed its
    11  appropriations for personnel services and other than personnel  services
    12  for  each  quarter  and the entire fiscal year, together with a detailed
    13  explanation of the needs justifying any such projected  excess  expendi-
    14  tures.    Nothing  in this subdivision shall be construed to prevent the
    15  director from requiring the furnishing  of  data  and  information,  and
    16  answers  to  pertinent inquiries, at any time in accordance with section
    17  two hundred twenty-five of the New York city charter.
    18    § 5. Section 3-300 of the election law is amended to read as follows:
    19    § 3-300. Board employees; appointment. [Every] 1. Except  as  provided
    20  in  subdivision  two  of  this  section,  every board of elections shall
    21  appoint, and at its pleasure remove, clerks, voting machine technicians,
    22  custodians and  other  employees,  fix  their  number,  prescribe  their
    23  duties,  fix  their  titles and rank and establish their salaries within
    24  the amounts appropriated therefor by the  local  legislative  body  [and
    25  shall  secure  in the appointment of employees of the board of elections
    26  equal representation of the major political parties]. Every commissioner
    27  in each board of elections except for  commissioners  of  the  board  of
    28  elections  of the city of New York, may approve and at pleasure remove a
    29  deputy, establish [his] such deputy's title  and  prescribe  [his]  such
    30  deputy's duties. [In]
    31    2.  There shall be equal representation of the major political parties
    32  among those employees of the board of elections charged with the duty of
    33  qualifying voters, distributing ballots to voters, or receiving, record-
    34  ing or counting votes at elections.
    35    3. (a) Notwithstanding any provision of general, special or local law,
    36  in the city of New York, [the board of elections shall appoint] an exec-
    37  utive director [and a deputy executive director whose duties it shall be
    38  to supervise the operations of the board of elections under  the  super-
    39  vision of such board] shall be appointed and may be removed, in a manner
    40  set  forth  in paragraph (b) of this subdivision. It shall be their duty
    41  to supervise the operations of the board of elections in accordance with
    42  this subdivision. The executive director shall be selected  following  a
    43  nationwide  search  for qualified and experienced candidates. They shall
    44  serve a term of four years.
    45    (b) The board of elections of the city of New York  shall  advise  the
    46  executive  director on matters of policy affecting the administration of
    47  elections in the city of New York. Except as expressly provided in  this
    48  subdivision, such board shall exercise no executive power and perform no
    49  executive  or  administrative functions. Except as expressly provided in
    50  this subdivision, such board  shall  make  no  individualized  decisions
    51  concerning  the  employment  of any specific person or the registration,
    52  pre-registration, enrollment or qualifications of any specific voter  or
    53  applicant.  Nothing in this subdivision shall be construed to require or
    54  authorize the day-to-day supervision of the executive  director  by  the
    55  board. The board may delegate powers and duties conferred upon the board
    56  to the executive director, to be exercised consistent with paragraph (e)

        A. 1852                             4

     1  of  this  subdivision.  In  the case of a vacancy, an executive director
     2  shall be appointed to serve the remainder of the unexpired term  accord-
     3  ing  to  the  original  manner  of appointment of the previous executive
     4  director.
     5    (c)(1)    For  purposes  of  this  paragraph and paragraph (f) of this
     6  subdivision, the term "appointing authorities" shall mean the  mayor  of
     7  the  city of New York, the speaker of the city council of such city, and
     8  the public advocate of such city, who shall act pursuant to this  subdi-
     9  vision  by concurring action of at least two of such officials, provided
    10  that the mayor shall be one of the concurring officials.
    11    (2) No earlier than the first day of January and  no  later  than  the
    12  first  day  of February in two thousand twenty-six and in every calendar
    13  year thereafter during which the four-year term of the executive  direc-
    14  tor is to expire, the commissioners of election for each political party
    15  shall  file  one  or  more certificates of party recommendation with the
    16  appointing authorities, as described in this paragraph.
    17    (3) Party recommendations for executive director shall be made by  the
    18  commissioner  of  election  for  each political party. Such commissioner
    19  shall recommend no fewer than three candidates for the position of exec-
    20  utive director.  If at any time a vacancy occurs in the office of execu-
    21  tive director other than by expiration  of  term  of  office,  or  if  a
    22  request  for additional candidates is made by the appointing authorities
    23  pursuant to subparagraph four of this paragraph,  party  recommendations
    24  to  fill  such  vacancy  shall be made within thirty days. If fewer than
    25  three candidates are recommended in a timely manner by the  commissioner
    26  of  election  for the applicable political party then the members of the
    27  city council who are members of the applicable political party  may,  by
    28  majority vote of such members, file certificates of party recommendation
    29  with the appointing authorities within fifteen days after the expiration
    30  of  the  time  for  filing  by  the  commissioners of election, so as to
    31  increase the total number of candidates to three. If the members of  the
    32  city  council  from one political party do not recommend any candidates,
    33  the appointing authorities will  choose  from  the  list  of  candidates
    34  submitted.
    35    (4)  Candidates  considered  for  executive  director must satisfy all
    36  qualifications required for local officers pursuant to the public  offi-
    37  cers  law.  Further,  no  later than December thirty-first, two thousand
    38  twenty-five, the state board of  elections  shall  prescribe  additional
    39  qualifications for the position of executive director, which shall apply
    40  to recommendations and appointments made thereafter. Such qualifications
    41  shall thereafter be reviewed by such  board at    least every  two years
    42  and  updated as    necessary, and shall be prescribed only after consid-
    43  eration of the skills and knowledge necessary or useful for the exercise
    44  of the duties  and   responsibilities of the executive director, as well
    45  as the ability to recruit a sufficient number of candidates to be execu-
    46  tive director.
    47    (5) The executive director shall   be   appointed   jointly   by   the
    48  appointing  authorities  in accordance with this subdivision, from among
    49  the  candidates recommended pursuant to subparagraph three of this para-
    50  graph.
    51    (6) Notwithstanding any inconsistent provision of this  paragraph,  no
    52  earlier than the first day of January and no later than the thirty-first
    53  day  of  January in the last year of the term of the executive director,
    54  the appointing authorities and commissioners of election, may  agree  to
    55  issue a certificate of party recommendation and appointment to reappoint
    56  such  executive  director to another term of office.  In such event, the

        A. 1852                             5
 
     1  process otherwise specified in subparagraphs two, three and four of this
     2  paragraph shall not apply.
     3    (7)  An  executive director may be removed from office  for  cause  by
     4  the appointing authorities.  In addition, an executive director  may  be
     5  removed  without cause by the appointing authorities acting jointly with
     6  the  commissioners  of  election. Any vacancy   so   resulting  shall be
     7  filled in the manner prescribed by this paragraph for filling vacancies.
     8    (d) The board shall have the power and  duty  to  take  the  following
     9  actions  to the extent otherwise consistent with the jurisdiction of the
    10  board pursuant to this chapter:
    11    (1) make determinations regarding the nomination  and  designation  of
    12  candidates for public office and party positions pursuant to article six
    13  of this chapter or any other relevant provision of this chapter;
    14    (2)  make  determinations  regarding  the form and content of ballots,
    15  including but not limited to the determination of candidates  and  ques-
    16  tions  to appear on the ballot pursuant to section 4-114 of this chapter
    17  and the certification of ballots pursuant to title one of article  seven
    18  of this chapter or any other relevant provision of this chapter;
    19    (3)  adopt  resolutions  eliminating  meetings  for local registration
    20  pursuant to subdivision six of section 5-202 of this chapter;
    21    (4) make determinations concerning challenges  to  voter  registration
    22  and  applications  of  voters  unlawfully  denied the right to register,
    23  pursuant to title two of article five of this chapter;
    24    (5) make determinations concerning the  adoption  and  use  of  voting
    25  machines or systems pursuant to section 7-200 of this chapter;
    26    (6) canvass election results and perform all functions of the board of
    27  canvassers  in  the  city  of New York, including but not limited to the
    28  certification of election results, pursuant to article nine or any other
    29  relevant provision of this chapter;
    30    (7) take any action authorized by section 3-218 of this article;
    31    (8) approve any contract where:
    32    (i) such contract was let by a procurement method other  than  compet-
    33  itive  sealed  bidding  where  the  contract  was  awarded to the lowest
    34  responsible bidder;
    35    (ii) such contract provides  for  technical,  consultant  or  personal
    36  services; and
    37    (iii) the value of the contract exceeds or projects an annual expendi-
    38  ture  exceeding  one  million  dollars  for the fiscal year or where the
    39  value of any contracts awarded to a single entity exceeds or is project-
    40  ed to exceed one million dollars for the fiscal year; and
    41    (9) promulgate regulations, issue orders and make decisions  regarding
    42  general  policies  affecting the administration of elections of the city
    43  of New York.
    44    (e) The executive director shall serve as the chief executive for  the
    45  board  of elections of the city of New York and shall exercise all their
    46  powers and duties in a manner not inconsistent with the  policies  of  a
    47  board. The executive director may delegate powers and duties to a deputy
    48  director  and may delegate powers and duties to employees in furtherance
    49  of the purposes of this chapter, including but not limited to the abili-
    50  ty to exercise the powers and duties of the executive  director  in  the
    51  event  of  a  vacancy.   Such powers and duties shall include but not be
    52  limited to:
    53    (1) appointing, and at their pleasure  removing,  a  deputy  director,
    54  clerks,  voting  machine  technicians,  custodians  and other employees,
    55  fixing their number, prescribing their duties, fixing their  titles  and
    56  rank  and  establishing  their  salaries within the amounts appropriated

        A. 1852                             6
 
     1  therefor in the expense budget of the city of New  York,  provided  that
     2  this subparagraph shall not affect the fixing of a daily rate of compen-
     3  sation pursuant to subdivision one of section 3-420 of this article.  In
     4  exercising  the  powers  conferred by this paragraph with respect to the
     5  appointment of employees, the executive director shall, in  consultation
     6  with  the  New  York city department of citywide administrative services
     7  establish written policies and procedures on personnel, including execu-
     8  tive staff, other than those paid at a daily rate pursuant  to  subdivi-
     9  sion  one  of  section  3-420 of this article, within ninety days of the
    10  effective date of this paragraph. Such  policies  and  procedures  shall
    11  include:
    12    (i) specifications setting forth the qualifications for and the nature
    13  and  scope  of  the duties and responsibilities of each title, including
    14  executive staff, with appointments to be made consistent with such spec-
    15  ifications. Such specifications  shall  in  addition  to  securing  such
    16  representation,  give  due  weight  to seniority, previous trainings and
    17  experience, previous work for the board of  elections  or  in  elections
    18  administration  or  in voting rights, education and professional creden-
    19  tials, and performance ratings where available. This paragraph shall not
    20  be construed to require the preparation of administration of competitive
    21  examination of eligible list for any title, nor shall it be construed to
    22  require the termination of any  individual  employed  by  the  board  of
    23  elections  of  the  city  of New York prior to the establishment of such
    24  specifications;
    25    (ii) policies protecting employees  from  retaliation  for  disclosing
    26  information  concerning  acts  of wrongdoing, misconduct, malfeasance or
    27  other inappropriate behavior by an employee or board member;
    28    (iii) policies providing for appropriate ongoing training  of  employ-
    29  ees,  including those individuals employed prior to the establishment of
    30  such policies, with the purpose of ensuring that all employees have  the
    31  knowledge and experience to fulfill the duties of the position that they
    32  hold;
    33    (iv)  policies to require the posting of all vacant positions fourteen
    34  days before interviews commence. All postings shall  be  on  a  publicly
    35  accessible website, in the city record, or on an open data portal. Noth-
    36  ing shall prevent the posting of vacancies on all three; and
    37    (v)  policies  establishing an employee performance evaluation program
    38  based upon evidence of work actually performed by employees as  compared
    39  with pre-established performance standards;
    40    (2)  exercising  all  the  powers  and  duties  delegated to boards of
    41  elections, or specifically to the board of elections of the city of  New
    42  York,  except  where  such  powers and duties are expressly reserved for
    43  such board pursuant to this subdivision,  in  all  matters  relating  to
    44  qualification of voters, voter registration and enrollment, cancellation
    45  of  voter  registration, change of voter status and registration records
    46  pursuant to article five of this chapter; in  all  matters  relating  to
    47  creation  and alterations of election districts pursuant to article four
    48  of this chapter, and in all matters relating to  designation  of  places
    49  for  registration and polling places pursuant to articles five and eight
    50  of this chapter; and
    51    (3) exercising the powers and duties delegated to boards of elections,
    52  or specifically to the board of elections of the city of  New  York,  in
    53  all other matters related to the administration of elections in the city
    54  of New York not otherwise specified in this subdivision.
    55    (f)  Notwithstanding any inconsistent provision of law, in lieu of any
    56  otherwise applicable  law  concerning  public  conduct  of  business  or

        A. 1852                             7
 
     1  rendering  of  determinations  by  the  executive  director,  they shall
     2  provide information to the board of elections of the city  of  New  York
     3  and the public in accordance with this paragraph.
     4    (1)  At  regular  meetings  of such board conducted in accordance with
     5  article seven of the public officers law, the executive  director  shall
     6  report to the commissioners of such board on the discharge of any powers
     7  and  duties  exercised  by the executive director under paragraph (e) of
     8  this subdivision as well as any additional relevant information  as  may
     9  be requested by majority vote of such board. At such meetings, a reason-
    10  able opportunity shall be provided to the public to provide oral comment
    11  on the actions and operations of the board and its staff.
    12    (2)  Not  later  than January thirty-first of each year, the executive
    13  director shall provide to the appointing authorities a report  regarding
    14  the actual performance of the board of elections of the city of New York
    15  as  an  agency  for the previous calendar year, relative to programmatic
    16  goals and measures. Such report shall include such  additional  informa-
    17  tion,  and  be presented in such form, as may be specified in writing by
    18  the city council and speaker and communicated to the executive  director
    19  no  later  than  December  first of the previous calendar year, provided
    20  that any specification requiring the collection or maintenance of  addi-
    21  tional  data  not  already collected or maintained shall be specified at
    22  least three  months  prior  to  the  anticipated  commencement  of  such
    23  collection  or  maintenance. Further, at least once annually, the execu-
    24  tive director and elections commissioners shall present on the  findings
    25  of  the  report  at  a  public  hearing in front of the city council and
    26  answer any questions or provide any  additional  follow  up  information
    27  asked for by the council.
    28    (3) For each election, the board shall track and report key voting and
    29  election  administration  data, including: turnout by election district;
    30  average wait times by poll site and election district;  call  volume  by
    31  poll  site  and  types of complaints received; the type and frequency of
    32  use of different voting methods, including absentee, early, and election
    33  day voting, affidavit ballot usage  rates;  rates  of  and  reasons  for
    34  ballot  rejections;  and,  language interpreter staffing by language per
    35  poll site.
    36    § 6. Subdivision 3 of section 4-136 of the election law, as amended by
    37  chapter 155 of the laws of 2010, is amended to read as follows:
    38    3. In the  city  of  New  York  all  leased  or  purchased  equipment,
    39  supplies,  ballots,  printing and publications, except newspaper notices
    40  and advertisements, to be used  or  furnished  by  such  board,  may  be
    41  procured  for  it by the purchasing department or agency of such city as
    42  if such board were an agency of such city. Such board shall comply  with
    43  the  rules and regulations of the New York city procurement policy board
    44  and applicable state law for all purchase contracts, including  but  not
    45  limited to purchase of goods, services or technology.
    46    §  7.  Notwithstanding  any inconsistent provision of law, the current
    47  board of elections commissioners for the city of New York shall  perform
    48  the  functions  assigned  to  the  commissioners until the expiration of
    49  their term.
    50    § 8. Notwithstanding any inconsistent provision of this act, until the
    51  executive director takes office in accordance with section 3-300 of  the
    52  election  law,  as  amended  by  section five of this act, the executive
    53  director or deputy executive director of the board of elections  of  the
    54  city  of  New  York  appointed  by such board and representative of such
    55  party shall perform the functions assigned to the  applicable  executive
    56  director by such section of the election law, as amended by this act, or

        A. 1852                             8

     1  any  other  law.    Further,  while  remaining in office, such executive
     2  director and deputy executive director shall be subject to  removal  and
     3  replacement  by  action of such board, consistent with the provisions of
     4  section 3-300 of the election law as such section was in existence prior
     5  to  its  amendment  by this act.   If an executive director has not been
     6  appointed by May 1, 2026, the status of the executive director or deputy
     7  executive director appointed by such board  and  representative  of  the
     8  applicable  political  party  shall  terminate,  and the new position of
     9  executive director shall be deemed  in  existence  and  vacant  for  all
    10  purposes after such date.
    11    §  9.  Severability.  If  any provision of this act is held invalid or
    12  ineffective in whole or in part or inapplicable to any person  or  situ-
    13  ation, such invalidity or holding shall not affect, impair or invalidate
    14  other  provisions  or  applications of this act that can be given effect
    15  without the invalid provision or application, and all  other  provisions
    16  thereof  shall  nevertheless  be  separately and fully effective, and to
    17  this end the provisions of this act are declared to be severable.
    18    § 10. This act shall take effect immediately; provided, however,  that
    19  sections  one, three, four, and five of this act shall take effect Janu-
    20  ary 1, 2026; and provided further, however, that sections six, seven and
    21  eight of this act shall take effect on the sixtieth day after  it  shall
    22  have become a law.
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