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Elections, State Board of
Functions
The State Board of Elections is responsible for protecting the voting rights of New York State's citizens by administering and enforcing the State Election Law; ensuring complete disclosure of campaign financing and practices; and maintaining the citizens' confidence and full participation in the election process. The board administers the Election Law by supervising the election process, maintaining official records of election results filed by the State Board of Canvassers, issuing rules and regulations for county election boards, and investigating possible violations of the Election Law. The board ensures compliance with campaign disclosure statutes by auditing statements of election expenditures and receipts. It endeavors to maintain the citizens' confidence and participation by testing and certifying electronic voting equipment, initiating voter registration and voter awareness programs, and providing for servicemen's voting.
History
The State Board of Elections was created by Laws of 1974, Chapter 604. This New York State Campaigns, Elections, and Procedures Law, initiating major election reform in the State, was a response to increasing public demand for closer bipartisan government supervision of the electoral process and a more detailed accounting of campaign activities by candidates for public office, a demand that had been accelerated by the disclosures of misuse of public office and misappropriation of campaign funds during the Watergate affair. Previously, the secretary of state had been responsible for election administration, and the attorney general had handled election enforcement. However, the election process was mainly a local government responsibility. During the colonial period elections were conducted by voice vote. The first State constitution called for "a full and fair experiment" of voting by ballot. Laws of 1778 (Chapter 16) provided that the governor and lieutenant governor be elected by ballot while retaining the voice vote for legislators and other officials. In 1787 (Chapter 15), the ballot system was instituted for all elections. The 1778 (Chapter 16) law also provided for local inspectors of elections who were to give notice of and conduct elections, transcribe voice votes, and examine ballots. Election results were tabulated by the sheriff, who forwarded them to the secretary of state, except that ballots for the election of the governor and lieutenant governor were delivered by the sheriff to the secretary of state to be examined by a joint committee of six senators and six assemblymen. The election procedure was modified by Laws of 1799 (Chapter 51). Inspectors of elections continued to supervise elections and collect results at the town, city, or ward level, but results were then transmitted to the county clerk, who transcribed a county report that was submitted to a State Board of Canvassers consisting of the secretary of state, comptroller, and treasurer. This board was to canvass the county tabulations and publish the results. Later, the attorney general and the surveyor general were added to the board. Local election procedures changed several times during the ensuing decades. Statutes passed in 1909, 1922, and 1949 created a board of elections in each county and in New York City. These election boards were required to transmit certified copies of local canvassing board statements to the secretary of state and the attorney general. Laws of 1926 (Chapter 437) effective January 1, 1927, placed the State Board of Canvassers in the Department of State and changed its membership to the attorney general, two senators, and two assemblymen. As before, election records continued to be filed with the secretary of state. The attorney general was responsible for enforcing the Election Law. When this responsibility was assumed by the new State Board of Elections in 1974, the State Board of Canvassers was placed within the Board of Elections. The Board of Canvassers is responsible for canvassing certified copies of statements submitted by county boards of canvassers, preparing election results statements, and filing these records with the State Board of Elections Chapter 430 of the Laws of 1997 granted the State Board of Elections the authority to develop an electronic reporting system to process election campaign financial records required to be filed with the Board by virtue of the State's Election Law. The same act also directed the Board to make all data compiled through the electronic reporting process available at all times on the internet. Following passage of the federal Help America Vote Act of 2002 (known as HAVA, Public Law 107-252), the State Board of Elections drafted a plan to bring New York State into compliance with federal requirements. Drafted in 2003, the Plan addressed issues including replacement of lever voting machines with systems which increase accessibility for persons with disabilities and provide alternate language accessibility; establishment of a single, computerized voter registration list to be maintained by the State in order to eliminate duplicate registrations; and establishment by the State Board of Elections of a procedure for hearing and resolving citizen complaints of violations of HAVA provisions. Numerous aspects of the plan were enacted into law in 2005 (Chapters 23, 24, 160, 179, 180, and 181). The State Board of Elections is composed of four commissioners appointed by the governor. Two of the appointments are made upon the recommendation of the chairman of the State committee of each of the major parties, and the remaining two are made upon the joint recommendation of the leaders of the major parties in the legislature.
