NY Elec L § 3-100 (2021)
2021 New York Laws ELN - Election Article 3 - Election Officials Title 1 - Statewide Provisions 3-100 - New York State Board of Elections; Membership; Organization.

§  3-100. New York state board of elections; membership; organization.   1.  There is hereby created within the executive department a  New  York   state  board  of elections, hereafter referred to as the "state board of   elections", composed of four commissioners appointed  by  the  governor:   two  commissioners,  one  each  from  among  not  fewer than two persons   recommended by the chairman of the state committee of each of the  major   political  parties;  and  two  other  commissioners,  one upon the joint   recommendation of the legislative leaders, of one major political party,   in each house of the legislature and one upon the  joint  recommendation   of  the legislative leaders, of the other major political party, in each   house of the legislature. The commissioners shall be appointed for terms   of  two  years  each  and  in  the  same  manner  as  their   respective   predecessors.  A  commissioner  appointed to the board to fill a vacancy   caused other than by expiration of a term, shall serve for  the  balance   of  the  unexpired  term.  In  the  event that there is a vacancy in the   office of the commissioner  appointed  on  the  recommendation  of  such   legislative  leaders  caused  by  expiration  of term or otherwise, such   legislative leaders responsible for making the joint  recommendation  to   fill  such  vacancy  shall  jointly recommend an individual to fill such   vacancy and the governor shall make  the  appointment  from  such  joint   recommendation    within   thirty   days   of   receiving   such   joint   recommendation. In the event the governor does not  act  on  such  joint   recommendation   within   thirty   days   or   objects   to  such  joint   recommendation,  then  the  legislative  leaders   making   such   joint   recommendation  shall  have the option of: (a) appointing the individual   so jointly recommended as a commissioner, or  (b)  jointly  recommending   another  individual  for  appointment  by  the governor according to the   procedure outlined in this subdivision.2.  The  two  commissioners  of   the   board   appointed   upon   the   recommendation  of  the  legislative  leaders  shall be co-chairs of the   state board of elections.3. The commissioners of the state board of  elections  shall  have  no   other  public  employment.  The  commissioners  shall  receive an annual   salary  of  twenty-five  thousand  dollars,  within  the  amounts   made   available  therefor  by appropriation. The board shall, for the purposes   of sections seventy-three and seventy-four of the public  officers  law,   be  a  "state agency", and such commissioners shall be "officers" of the   state board of elections for the purposes of such sections.  Within  the   amounts  made  available  by  appropriation therefor, the state board of   elections shall appoint two co-executive directors, and such other staff   members as are necessary in the exercise of its functions, and  may  fix   their  compensation.  The  commissioners or, in the case of a vacancy on   the board, the commissioner of each of the major political parties shall   appoint one co-executive  director.  Each  co-executive  director  shall   serve  a  term  of four years. Any vacancy in the office of co-executive   director shall be filled by the commissioners  or,  in  the  case  of  a   vacancy on the board, the commissioner of the same major political party   as  the  vacating incumbent for the remaining period of the term of such   vacating incumbent.3-a. There is established within the  state  board  of  elections  the   office of chief enforcement counsel to head the division of election law   enforcement. Such counsel shall serve in said office for a fixed term of   five  years  commencing  September first, two thousand fourteen, and may   only be removed by the governor for substantial neglect of  duty,  gross   misconduct in office, or the inability to discharge the powers or duties   of  office,  upon  notice  with  an  opportunity  to be heard. The chief   enforcement counsel shall have sole authority over  personnel  decisions   within  the enforcement division. All hiring decisions made by the chief    enforcement  counsel  shall  be  made  without   regard   to   political   affiliation.  The  chief  enforcement  counsel  shall not hold any other   public office, be a party officer during his or her term of  office,  or   otherwise engage in outside employment. He or she shall be chosen by the   governor   which  choice  shall  be  confirmed  by  each  house  of  the   legislature separately by a majority vote of the members elected to each   house of the legislature.4. For the purposes of meetings, three commissioners shall  constitute   a  quorum. The affirmative vote of three commissioners shall be required   for any official action of the state board of elections.5. The principal office of the state board of elections  shall  be  in   the county of Albany.