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S611

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

The New York State Senate passed legislation requiring all county boards of elections and the New York City Board of Elections to employ at least two full-time commissioners, with a 43-18 vote on Calendar Number 10, Senate Print 611. The bill, sponsored by Sen. Mayer, aims to restore public confidence in election administration following what a bipartisan Senate Elections Committee characterized as numerous failures in the prior 18 months. Supporters argued that all voters, regardless of county size, deserve equal assurance that election commissioners are fully dedicated to their duties. However, opponents mounted a sustained challenge, characterizing the measure as an unfunded mandate that would disproportionately burden small rural counties. Sen. Walczyk highlighted Hamilton County's population of just 5,119 residents and questioned why such a small jurisdiction would need two full-time election commissioners. Sen. Stec noted that Essex County, with 37,000 residents, has successfully operated with part-time commissioners and has demonstrated competence in defending election law challenges. Sen. Borrello, drawing on his experience as a county executive, warned that unfunded mandates are rarely offset by state funding, citing examples from Chautauqua and Erie counties where property tax revenues are consumed by existing mandates. The bill does not provide state funding for the requirement, leaving implementation costs to counties. Sponsor Mayer acknowledged the funding gap but pledged to fight for state resources during the budget process. The measure passed with all 43 Democratic senators voting in favor and 18 Republicans voting against.
PASSED Ayes: 43 · Nays: 18

Debate Summary

The bill requires county boards of elections and the New York City Board of Elections to employ at least two full-time commissioners, aimed at restoring voter confidence following documented failures by election boards. Supporters argued the requirement stems from bipartisan Senate Elections Committee findings of serious election administration failures and is necessary to ensure equal protection for all voters regardless of county size. Opponents contended the bill constitutes an unfunded mandate that disproportionately burdens small rural counties with minimal populations and voting rolls, and that it should not be imposed without state funding or local input.

Recorded Votes

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

Senator Vote Party
Krueger aye Democrat
Mayer aye Democrat
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Helming nay Republican
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Rhoads nay Republican
Rolison nay Republican
Scarcella-Spanton nay Democrat
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican