2010 New York Code
ELN - Election
Article 3 - ELECTION OFFICIALS
Title 2 - (3-200 - 3-226) BOARD OF ELECTIONS
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.