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Assembly passes amendment allowing county BOE majority to waive leave-of-absence for employee candidates
Summary
A chapter amendment passed that allows county boards of elections, by majority vote, to waive the usual unpaid leave requirement for employees who run for office provided they do not work on matters related to their candidacy and adhere to rules the State Board of Elections will adopt; the change takes effect after a one-year delay to allow rulemaking.
The Assembly approved a chapter amendment to the election law that permits county boards of elections to authorize employees who become candidates to remain employed if a majority of commissioners agrees and certain restrictions are met.
Sponsor Mister Jacobson described the amendment as adding a waiver process: "there can be a waiver to that requirement if by a majority vote of the commissioners in that county... then the person can receive a waiver provided that person follows the rules and regulations of the state board, and that the person does not work directly on anything related to that person's candidacy." He said the state board will promulgate rules and regulations spelling out implementation.
Lawmakers pressed for specifics. Mister Slater asked whether the waiver applies to all Board of Elections employees, including poll workers and commissioners; Jacobson replied it "applies to all employees" and "including the commissioner." Members also sought time frames for the state board to adopt regulations and whether the waiver process includes an appeal or deadline for commissioners to respond; sponsor said there is no appeal process and no statutory deadline for rulemaking, noting the act takes effect in one year to allow the state board time to develop regulations.
Members raised concerns that the waiver could permit a commissioner to remain employed by obtaining the other commissioner's approval, creating an appearance-of-conflict scenario, and asked whether a failure to obtain a waiver would invalidate petitions; Jacobson said petitions would remain valid but employees without a waiver would have to take unpaid leave as required by law.
The clerk recorded Ayes 101, Noes 46 and the chapter amendment passed.
Why it matters: The change alters the balance between conflict-of-interest safeguards and practical flexibility for election workers who seek office. Supporters say the waiver mechanism restores flexibility and recognizes that some employees can be restricted from campaign-related work; critics warned of potential for perceived conflicts if commissioners grant waivers to colleagues.
Next steps: The State Board of Elections must promulgate implementing rules and regulations before the waiver can be widely used; the law's one-year delayed effective date was noted on the floor.
