§ 3-200. Boards of elections; creation, qualifications of
1. There shall be a board of elections in each county of the state and
in the city of New York for the five counties thereof.
2. Each board shall consist of two election commissioners, except that
the county legislative body of a county having a population of more than one
hundred and twenty thousand may, by local law, increase the number of
commissioners to four, to be appointed as provided in this title. Each of the
major political parties shall be eligible to recommend appointment of an equal number of commissioners.
3. In the city of New York the board shall consist of ten
commissioners of election who shall be registered voters in the county for
which they are appointed and they shall be appointed by the city council of the city of New York. Not more than two commissioners shall be registered voters of the same county.
4. No person shall be appointed as election commissioner or continue
to hold office who is not a registered voter in the county and not an enrolled
member of the party recommending his appointment, or who holds any other
public office, except that of commissioner of deeds, notary public, village
officer, city or town justice, member of a community board within the city of
New York or trustee or officer of a school district outside of a city.
6. An election commissioner shall not be a candidate for any elective
office which he would not be entitled to hold under the provisions of this
article, unless he has ceased by resignation or otherwise, to be commissioner prior to his nomination or designation therefor. Otherwise such nomination or designation shall be null and void.
7. An election commissioner may be removed from office by the
governor for cause in the same manner as a sheriff. Any vacancy so resulting
shall be filled in a manner prescribed by this article for filling vacancies.
§ 3-202. Election commissioners; term of office.
1. The term of office of an election commissioner shall be two years
beginning January first of each odd numbered year except that in the city of
New York and the county of Schenectady the term shall be four years
beginning on January first of each alternate odd numbered year. The county legislative body of any other county may determine that the commissioners of elections thereafter appointed shall serve for a term of four years. Such
determination may be rescinded by a subsequent action of the county
legislative body which shall take effect at the expiration of the terms of the
commissioners then in office.
2. The local legislative body may, at any time, determine that the
terms of office for commissioners shall be staggered and may make subsequent appointments so as to provide for staggered terms of office thereafter.
§ 3-204. Election commissioners; appointment.
1. At least thirty days before the first day of January of any year in
which a commissioner of elections is to be appointed, the chairman or
secretary of the appropriate party county committee shall file a certificate of
party recommendation with the clerk of the appropriate local legislative body.
2. Party recommendations for election commissioner shall be made by
the county committee or by such other committee as the rules of the party may provide, by a majority of the votes cast at a meeting of the members of such committee at which a quorum is present. If at any time a vacancy occurs in the office of any election commissioner other than by expiration of term of office, party recommendations to fill such vacancy shall be made by the county committee or by such other committee as the rules of the party may provide, by a majority of the votes cast at a meeting of the members of such committee at which a quorum is present.
3. The certificate filed shall be in such form and contain such
information as shall be prescribed by the state board of elections.
4. Commissioners of election shall be appointed by the county
legislative body, or in the city of New York, by the city council. Provided,
however, that if a legislative body shall fail to appoint any person
recommended by a party for appointment as a commissioner pursuant to this section, within thirty days after the filing of a certificate of recommendation with such legislative body, then the members of such legislative body who are members of the political party which filed such certificate may appoint such person. If none of the persons named in any of the certificates filed by a party are so appointed within sixty days after the filing of any such certificate, then such party may file another certificate within thirty days after the expiration of any such sixty day period recommending a different person for such appointment. If a party fails to file a certificate within the time prescribed by this section, the members of the legislative body who are members of such party may appoint any eligible person to such office.
5. If at any time a vacancy occurs in the office of any election
commissioner other than by expiration of term of office, such vacancy shall be filled as herein provided for the regular appointment of a commissioner except that a person who fills a vacancy shall hold such office during the remainder of the term of the commissioner in whose place he shall serve. Certificates of party recommendation to fill such vacancy shall be filed not later than fortyfive days after the creation of the vacancy.
§ 3-208. Election commissioners; salaries.
Each election commissioner in the same county shall receive an equal
salary. The salary shall be an annual salary to be fixed by the county legislative body except that each commissioner of elections in the city of New York shall receive the sum of one hundred twenty-five dollars for each day’s attendance at meetings of the board or any of its committees, not to exceed twelve thousand five hundred dollars a year.