Section 3-102. State board of elections; general powers and duties  


Latest version.
  • In
      addition to the enforcement powers  and  any  other  powers  and  duties
      specified  by law, the state board of elections shall have the power and
      duty to:
        1. issue instructions and promulgate rules and regulations relating to
      the administration of the election process, election campaign  practices
      and campaign financing practices consistent with the provisions of law;
        2. visit boards of elections, examine their procedures and records and
      direct  that  any  such  procedures be modified in any manner consistent
      with the provisions of this chapter;
        3. conduct any investigation necessary to carry out the provisions  of
      this chapter;
        4. conduct private or public hearings;
        5.  administer oaths or affirmations, subpoena witnesses, compel their
      attendance, examine them under  oath  or  affirmation  and  require  the
      production  of  any  books,  records, documents or other evidence it may
      deem relevant or material;
        6. confer immunity in accordance with the provisions of section  50.20
      of  the  criminal  procedure  law,  in any investigation relating to any
      crime or offense  with  respect  to  which,  by  express  provisions  of
      statute,  a  competent  authority  is  authorized  to  confer  immunity;
      provided, however, that such immunity shall be conferred only after  the
      attorney  general  and  appropriate  district  attorney are afforded the
      opportunity to be heard respecting any objections which either may  have
      to  the  conferring  thereof;  and provided, further, that if either the
      attorney general or any such appropriate district attorney shall  object
      to  the  conferring  of  immunity,  immunity  may  be  conferred only by
      unanimous vote of all four commissioners of the state board;
        7. institute, or  direct  a  board  of  elections  to  institute  such
      judicial  proceedings as may be necessary to enforce compliance with any
      provision  of  article  fourteen  of  this  chapter  or  any  regulation
      promulgated  thereunder  including,  but not limited to, application, on
      notice served upon the respondent in the manner directed by the court at
      least six hours prior to the time of return thereon, to a justice of the
      supreme court within the judicial district in which an alleged violation
      of any such provision or regulation occurred or is  threatened,  for  an
      order  prohibiting  the continued or threatened violation thereof or for
      such other or further relief as the court may deem just and proper;
        8. prepare uniform  forms  for  the  statements  required  by  article
      fourteen  of  this  chapter  and uniform forms for use by local election
      officials in the conduct of registration and voting; design, prepare and
      make  available  to  county  boards  of  election  and  to  such   other
      institutions  and groups as such board in its discretion shall determine
      uniform application forms for registration and enrollment,  transfer  of
      registration  and/or  enrollment and special enrollment upon application
      filed by mail pursuant to  the  provisions  of  section  5-210  of  this
      chapter;
        9.  study and examine the administration of elections within the state
      including campaign financing, campaign financing reporting, and campaign
      practices;
        9-A. (a)  develop  an  electronic  reporting  system  to  process  the
      statements   of   campaign   receipts,   contributions,   transfers  and
      expenditures required to be filed with any board of  elections  pursuant
      to the provisions of sections 14-102 and 14-104 of this chapter;
        (b)  prescribe the information required in the form for each statement
      to be filed;
        (c) establish a training program on the electronic  reporting  process
      and make it available to any such candidate or committee;
    
        (d)  make  the  electronic  reporting  process  available  to any such
      candidate or committee which is required to file or which agrees to file
      such statements by such electronic reporting process;
        (e) cause all information contained in such a statement filed with the
      state  board  of  elections  which  is  not on such electronic reporting
      system to be entered into such system as soon as practicable but  in  no
      event  later than ten business days after its receipt by the state board
      of elections; and
        (f) make all data from electronic reporting process available  at  all
      times on the internet.
        10.   establish   rules   allowing   the   admission   of  news  media
      representatives to the area of the polling place where  the  canvass  of
      ballots cast can be directly observed;
        11.  recommend such legislation or administrative measures as it finds
      appropriate  to  promote  fair,  honest  and  efficiently   administered
      elections,  including,  but  not  limited  to, legislation to adjust the
      contribution limitations set forth in article fourteen of this chapter;
        12. monitor the adequacy and effectiveness of the  election  laws  and
      report thereon at least annually to the governor and the legislature;
        13.  compile the information required with respect to the operation of
      the National Voter Registration Act and report such information annually
      to the governor, the legislature and  the  Federal  Election  Commission
      together  with  an  assessment  of  the  operation  of  such act and any
      recommendations for changes and improvements.
        14. take all appropriate steps  to  encourage  the  broadest  possible
      voter  participation  in  elections  including  the  administration of a
      program  of  registration  form  distribution  by  participating   state
      agencies as prescribed by section 5-211 of this chapter;
        15.  receive  from  the  secretary  of the senate and the clerk of the
      assembly a list of the mailing addresses of senators and members of  the
      assembly.  When members of the public, government officials, or agencies
      request the mailing addresses of senators and members of  the  assembly,
      the  mailing  addresses  submitted  to the board by the secretary of the
      senate and the clerk of the assembly shall be provided;
        16. administer the administrative complaint procedure as provided  for
      in section 3-105 of this article.
        17.  perform  such  other  acts  as  may be necessary to carry out the
      purposes of this chapter.