New York Laws
Title 2 - 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.