N.Y. Election Law § 3-304: Board employees; conflicts of interest

§ 3-304. Board employees; conflicts of interest. 1. No board of

elections employee shall engage in or participate in any trade or

business which creates, or may tend to create, an actual or potential

conflict of interest. No board of elections employee shall maintain a

direct financial interest in or be employed by a vendor or a company

providing services to a candidate who has an election overseen by such

employee's office, including but not limited to, printing companies,

election consulting companies, direct mail companies and digital

marketing companies. No board of elections employee shall maintain a

direct financial interest in or be employed by a vendor or company that

sells to the board voting machines, electronic poll books, printers or

other technical or electronic equipment. A violation of any of the

provisions of this subdivision shall be cause for discipline by the

board of elections, including removal of the board of elections

employee.

2. No board of elections employee shall remain on the board of

elections payroll while also a candidate for an office who has an

election overseen by the board at which they are employed, without prior

authorization by a majority vote of the board of elections commissioners

and in accordance with the rules and regulations of the state board.

(a) The state board shall promulgate rules and regulations relating to

the circumstances that may permit a board of elections to authorize an

employee who is also a candidate for an office who has an election

overseen by the board at which they are employed to remain employed,

provided that such employee be restricted from working on matters

directly related to the election in the jurisdiction in which the

employee is a candidate and any other restrictions set forth by state

board rules and regulations.

(b) For the purposes of this article, a board of elections employee

shall be deemed a candidate for elective office upon the filing of a

designating or nominating petition for such office or, where nominations

for such office are made other than by petition, upon acceptance of a

nomination. Such employee may remain in "leave without pay" status until

such time as their candidacy shall cease, or upon the day following the

certification of election results for such office, whichever comes

first.

(c) Notwithstanding the provisions of this section, when there are no

primary elections for the office being sought by a candidate that is

employed by the board of elections, that candidate may remain on the

board of elections payroll for no more than ninety days prior to a

general election.

(d) The provisions of this subdivision shall not apply to unpaid party

positions.

3. It shall not be considered a conflict of interest for a board of

elections employee who is a member of a county committee as defined in

section 2-104 of this chapter, a district leader as outlined in section

2-110 of this chapter, a member of the state committee as described in

section 2-102 of this chapter, a delegate or an alternate delegate to

judicial district nominating conventions as described in section 6-124

of this chapter, or a delegate or an alternate delegate to national

party conventions as described in section 2-122 of this chapter who, as

part of their duties in said party position, endorses or supports a

candidate for a party position or public office.