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S585

An act to amend the Election Law — 2023-01-10 · Calendar #6

The New York State Senate passed legislation Tuesday that would allow the State Board of Elections to remove local elections commissioners for incompetence, misconduct, or good cause—creating an alternative to the current process requiring gubernatorial action. Senate Print 585, sponsored by Sen. May, passed 44-17 on a largely party-line vote. The bill emerged from debate over a 2020 congressional race in which elections commissioners made errors that complicated the outcome, and Sen. May argued the current removal process is cumbersome and subject to partisan accusations. However, opponents raised significant concerns about the bill's vague standards for removal. Sen. Helming criticized the undefined terms, noting the sponsor's response that removal criteria are "something you know when you see it" falls short of legislative clarity. Sen. Martins questioned whether unconfirmed Board members could participate in removal decisions, undermining the bill's claimed bipartisan nature. Sen. Rhoads argued the bill creates a problematic precedent by treating elections commissioners differently from other appointed officials like district attorneys. Sen. Walczyk warned the quick administrative process could enable partisan removal of commissioners. Despite the concerns, the Democratic-controlled chamber advanced the measure.
PASSED Ayes: 44 · Nays: 17

Debate Summary

The bill would create an alternative mechanism for removing local elections commissioners through the State Board of Elections, rather than solely through gubernatorial action. Sen. May argued the current process is cumbersome and that elections commissioners with expertise should make removal decisions to avoid politicization. Opponents, including Sens. Walczyk, Martins, Rhoads, and Helming, raised concerns about undefined standards for removal (incompetence, misconduct, good cause), potential due process issues, the precedent of bypassing the elected Governor, and ambiguity regarding whether unconfirmed Board members could participate in removal decisions.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Helming nay Republican
Lanza nay Republican
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Ortt nay Republican
Rhoads nay Republican
Rolison nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican