N.Y. Election Law § 3-204: Election commissioners; appointment

§ 3-204. Election commissioners; appointment. 1. At least thirty days

before the first day of January of any year in which a commissioner of

elections is to be appointed, the chairman or secretary of the

appropriate party county committee shall file a certificate of party

recommendation with the clerk of the appropriate local legislative body.

2. Party recommendations for election commissioner shall be made by

the county committee or by such other committee as the rules of the

party may provide, by a majority of the votes cast at a meeting of the

members of such committee at which a quorum is present. If at any time a

vacancy occurs in the office of any election commissioner other than by

expiration of term of office, party recommendations to fill such vacancy

shall be made by the county committee or by such other committee as the

rules of the party may provide, by a majority of the votes cast at a

meeting of the members of such committee at which a quorum is present.

3. The certificate filed shall be in such form and contain such

information as shall be prescribed by the state board of elections.

4. Commissioners of election shall be appointed by the county

legislative body, or in the city of New York, by the city council.

Provided, however, that if a legislative body shall fail to appoint any

person recommended by a party for appointment as a commissioner pursuant

to this section, within thirty days after the filing of a certificate of

recommendation with such legislative body, then the members of such

legislative body who are members of the political party which filed such

certificate may appoint such person. And further provided, if there are

no members of the legislative body who are members of the political

party which filed such certificate, the appointment shall take effect

upon the expiration of thirty days from the date that the certificate

was filed. If none of the persons named in any of the certificates filed

by a party are so appointed within sixty days after the filing of any

such certificate, then such party may file another certificate within

thirty days after the expiration of any such sixty day period

recommending a different person for such appointment. If a party fails

to file a certificate within the time prescribed by this section, the

members of the legislative body who are members of such party may

appoint any eligible person to such office.

5. If at any time a vacancy occurs in the office of any election

commissioner other than by expiration of term of office, such vacancy

shall be filled as herein provided for the regular appointment of a

commissioner except that a person who fills a vacancy shall hold such

office during the remainder of the term of the commissioner in whose

place he shall serve. Certificates of party recommendation to fill such

vacancy shall be filed not later than forty-five days after the creation

of the vacancy.