Relates to permitting candidates to be employed by a board of elections, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    799
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the election law, in relation to  permitting  candidates
   for office to be employees of a board of elections with prior authori-
   zation and a majority vote of the election commissioners
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 3-304  of  the  election  law,  as
 added  by a chapter of the laws of 2024 amending the election law relat-
 ing to prohibiting  conflicts  of  interest  among  board  of  elections
 employees,  as  proposed  in  legislative  bills  numbers S.612-D and A.
 1244-D, is amended to read as follows:
   2. No board of  elections  employee  shall  remain  on  the  board  of
 elections  payroll  while  also  a  candidate  for  an office who has an
 election overseen by the board at which they are employed, WITHOUT PRIOR
 AUTHORIZATION BY A MAJORITY VOTE OF THE BOARD OF ELECTIONS COMMISSIONERS
 AND IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE STATE BOARD.
   (A) THE STATE BOARD SHALL PROMULGATE RULES AND REGULATIONS RELATING TO
 THE CIRCUMSTANCES THAT MAY PERMIT A BOARD OF ELECTIONS TO  AUTHORIZE  AN
 EMPLOYEE WHO IS ALSO A CANDIDATE FOR AN OFFICE WHO HAS AN ELECTION OVER-
 SEEN  BY  THE  BOARD  AT  WHICH  THEY  ARE  EMPLOYED TO REMAIN EMPLOYED,
 PROVIDED THAT SUCH  EMPLOYEE  BE  RESTRICTED  FROM  WORKING  ON  MATTERS
 DIRECTLY  RELATED  TO  THE  ELECTION  IN  THE  JURISDICTION IN WHICH THE
 EMPLOYEE IS A CANDIDATE AND ANY OTHER RESTRICTIONS SET  FORTH  BY  STATE
 BOARD RULES AND REGULATIONS.
   (B)  For  the  purposes of this article, a board of elections employee
 shall be deemed a candidate for elective office upon  the  filing  of  a
 designating or nominating petition for such office or, where nominations
 for  such  office  are made other than by petition, upon acceptance of a
 nomination. Such employee may remain in "leave without pay" status until
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02799-01-5
 S. 799                              2
 
 such time as their candidacy shall cease, or upon the day following  the
 certification  of  election  results  for  such  office, whichever comes
 first.
   (C)  Notwithstanding the provisions of this section, when there are no
 primary elections for the office being sought by  a  candidate  that  is
 employed  by  the  board  of elections, that candidate may remain on the
 board of elections payroll for no more  than  ninety  days  prior  to  a
 general election.
   (D) The provisions of this subdivision shall not apply to unpaid party
 positions.
   §  2.    This  act  shall take effect on the same date and in the same
 manner as a chapter of the laws of 2024 amending the election law relat-
 ing to prohibiting  conflicts  of  interest  among  board  of  elections
 employees,  as  proposed  in  legislative  bills  numbers S.612-D and A.
 1244-D, takes effect.