2023 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.