2010 New York Code
ELN - Election
Article 3 - ELECTION OFFICIALS
Title 1 - (3-100 - 3-110) STATEWIDE PROVISIONS
3-100 - New York state board of elections; membership; organization.

§  3-100. New York state board of elections; membership; organization.
  1.  There is hereby created within the executive department a  New  York
  state  board  of elections, hereafter referred to as the "state board of
  elections", composed of four commissioners appointed  by  the  governor:
  two  commissioners,  one  each  from  among  not  fewer than two persons
  recommended by the chairman of the state committee of each of the  major
  political  parties;  and  two  other  commissioners,  one upon the joint
  recommendation of the legislative leaders, of one major political party,
  in each house of the legislature and one upon the  joint  recommendation
  of  the legislative leaders, of the other major political party, in each
  house of the legislature. The commissioners shall be appointed for terms
  of  two  years  each  and  in  the  same  manner  as  their   respective
  predecessors.  A  commissioner  appointed to the board to fill a vacancy
  caused other than by expiration of a term, shall serve for  the  balance
  of  the  unexpired  term.  In  the  event that there is a vacancy in the
  office of the commissioner  appointed  on  the  recommendation  of  such
  legislative  leaders  caused  by  expiration  of term or otherwise, such
  legislative leaders responsible for making the joint  recommendation  to
  fill  such  vacancy  shall  jointly recommend an individual to fill such
  vacancy and the governor shall make  the  appointment  from  such  joint
  recommendation    within   thirty   days   of   receiving   such   joint
  recommendation. In the event the governor does not  act  on  such  joint
  recommendation   within   thirty   days   or   objects   to  such  joint
  recommendation,  then  the  legislative  leaders   making   such   joint
  recommendation  shall  have the option of: (a) appointing the individual
  so jointly recommended as a commissioner, or  (b)  jointly  recommending
  another  individual  for  appointment  by  the governor according to the
  procedure outlined in this subdivision.
    2.  The  two  commissioners  of   the   board   appointed   upon   the
  recommendation  of  the  legislative  leaders  shall be co-chairs of the
  state board of elections.
    3. The commissioners of the state board of  elections  shall  have  no
  other  public  employment.  The  commissioners  shall  receive an annual
  salary  of  twenty-five  thousand  dollars,  within  the  amounts   made
  available  therefor  by appropriation. The board shall, for the purposes
  of sections seventy-three and seventy-four of the public  officers  law,
  be  a  "state agency", and such commissioners shall be "officers" of the
  state board of elections for the purposes of such sections.  Within  the
  amounts  made  available  by  appropriation therefor, the state board of
  elections shall appoint two co-executive  directors,  counsel  and  such
  other  staff  members as are necessary in the exercise of its functions,
  and may fix their compensation. Anytime after the effective date of  the
  chapter of the laws of two thousand five which amended this subdivision,
  the  commissioners  or,  in  the  case  of  a  vacancy on the board, the
  commissioner of each of the major political parties  shall  appoint  one
  co-executive  director. Each co-executive director shall serve a term of
  four years. Any vacancy in the office of co-executive director shall  be
  filled  by  the commissioners or, in the case of a vacancy on the board,
  the commissioner of the same  major  political  party  as  the  vacating
  incumbent  for  the  remaining  period  of  the  term  of  such vacating
  incumbent.
    4. For the purposes of meetings, three commissioners shall  constitute
  a  quorum. The affirmative vote of three commissioners shall be required
  for any official action of the state board of elections.
    5. The principal office of the state board of elections  shall  be  in
  the county of Albany.