Recommending Transparency in NYC Board of Elections Rulemaking: Letter

SUMMARY

The Election Law Committee and Government Ethics Committee sent a letter to the New York City Board of Elections requesting that it consider adopting transparent rulemaking procedures, including posting proposed rules with revisions noted 30 days prior to a meeting where comments will be accepted or providing for a written comment period, and then posting final rules with the changes highlighted. Under both city and state law, government agencies must follow simple, transparent rulemaking procedures. See New York City Charter, Ch. 45, §§ 1041-47 (CAPA); State Administrative Procedure Act §§ 1-501 (SAPA). However, the NYC BOE does not conduct its rulemaking in accordance with either CAPA or SAPA. The City Bar’s letter notes: “We are confident that making procedures more transparent will increase compliance and reduce headaches for candidates and staff.”

REPORT

January 31, 2020

Patricia Anne Taylor, President
New York City Board of Elections
1 Edgewater Plaza, 4^th Floor
Staten Island, NY 10305

Frederic M. Umane, Secretary
New York City Board of Elections
200 Varick Street, 10^th Floor
New York, NY 10014

Re: Transparent Rulemaking Request

Dear Commissioners:

Candidates running for office in the City of New York strive to follow New York City Board of Elections’ (Board) rules. Compliance saves Board staff considerable time and aggravation during the busiest times of the election year.

However, under the Board’s current procedures, in which the rules are changed without notice or an opportunity for comment, or when new versions are posted with no reference to what has changed, compliance can be difficult. In the interest of increasing smooth interactions between all candidates, their agents, and Board staff, we hope that you will consider simple, transparent rulemaking procedures including posting proposed rules with revisions noted 30 days prior to a meeting where comments will be accepted, or before the closing of a written comment period, and posting finalized rules with the changes highlighted.

Under both state and city law, government agencies must follow simple, transparent procedures when making rules (outlines attached). See New York City Charter, Ch. 45, §§ 1041-47 (CAPA); State Administrative Procedure Act §§ 1-501 (SAPA). These basic procedures are universally observed by state and city agencies. We are confident that making procedures more transparent will increase compliance and reduce headaches for candidates and staff.

Respectfully submitted,

Election Law Committee[1]
Katharine G. Loving, Chair
Martin E. Connor, Immediate Past Chair
Sarah K. Steiner, Past Chair

Government Ethics and State Affairs Committee
Jennifer Rodgers, Chair

Enclosures:

NYC Rulemaking Process

NYS Rulemaking Process

cc:

Michael J. Ryan, Executive Director
Dawn Sandow, Deputy Executive Director
New York City Board of Elections
32-42 Broadway, 7th Floor
New York, NY  10004