Bill Text: NY A00085 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires a person to be a resident of the local subdivision for which such person seeks office at the time of filing designating or nominating petitions.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-08 - referred to governmental operations [A00085 Detail]

Download: New_York-2013-A00085-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          85
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. KAVANAGH, STEVENSON, JAFFEE -- Multi-Sponsored by
         --  M.  of  A.  GALEF  --  read  once and referred to the Committee on
         Governmental Operations
       AN ACT to amend the  public  officers  law  and  the  election  law,  in
         relation  to  residency requirement for local government elected offi-
         cials
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 1 of section 3 of the public officers law, as
    2  amended by chapter 44 of the  laws  of  1982,  is  amended  to  read  as
    3  follows:
    4    1. No person shall be capable of holding a civil office who shall not,
    5  at  the time he OR SHE shall be chosen thereto, have attained the age of
    6  eighteen years, except that in the case of youth boards,  youth  commis-
    7  sions  or recreation commissions only, members of such boards or commis-
    8  sions may be under the age of eighteen years, but must have attained the
    9  age of sixteen years on or before appointment to such youth board, youth
   10  commission or recreation commission, be a citizen of the United  States,
   11  a  resident  of the state, and if it be a local office, BE a resident of
   12  the political subdivision or municipal  corporation  of  the  state  for
   13  which  he  OR SHE shall be chosen, or within which the electors electing
   14  him OR HER reside, or within which his OR  HER  official  functions  are
   15  required  to  be  exercised  AT  THE  TIME HE OR SHE SHALL BE OFFICIALLY
   16  DESIGNATED OR NOMINATED, or who shall have been or shall be convicted of
   17  a violation of the selective draft act of the United States, enacted May
   18  eighteenth, nineteen  hundred  seventeen,  or  the  acts  amendatory  or
   19  supplemental  thereto,  or of the federal selective training and service
   20  act of nineteen hundred forty or the acts amendatory thereof or  supple-
   21  mental thereto.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00412-01-3
       A. 85                               2
    1    S 2. The election law is amended by adding a new section 6-170 to read
    2  as follows:
    3    S  6-170. DESIGNATING OR NOMINATING PETITION; RESIDENCE. A DESIGNATING
    4  OR NOMINATING PETITION, OR CERTIFICATE OF DESIGNATION,  AS  PROVIDED  IN
    5  SECTIONS 6-132 AND 6-140 OF THIS TITLE, NAMING A PERSON AS CANDIDATE FOR
    6  A  LOCAL OFFICE WHICH REQUIRES THE OFFICE HOLDER TO BE A RESIDENT OF THE
    7  SUBDIVISION, AND WHICH CONTAINS THEREIN  A  RESIDENCE  ADDRESS  FOR  THE
    8  CANDIDATE  THAT  IS  NOT  WITHIN  THE SUBDIVISION IN WHICH THE CANDIDATE
    9  SEEKS NOMINATION OR ELECTION, SHALL BE  INVALID  UNLESS  SUCH  CANDIDATE
   10  SHALL  FILE,  AT  THE SAME TIME AS THE FILING OF THE PETITION OR CERTIF-
   11  ICATE OF NOMINATION OR DESIGNATION, A CERTIFICATE DULY  ACKNOWLEDGED  BY
   12  THE  CANDIDATE WHICH SETS FORTH A RESIDENCE WITHIN THE SUBDIVISION WHERE
   13  THE CANDIDATE RESIDES AS OF THE DATE OF SUCH FILINGS.
   14    S 3. The election law is amended by adding a new section 6-214 to read
   15  as follows:
   16    S 6-214. DESIGNATING OR NOMINATING PETITION; RESIDENCE. A  DESIGNATING
   17  OR  NOMINATING  PETITION,  OR CERTIFICATE OF DESIGNATION, AS PROVIDED IN
   18  SECTIONS 6-204 AND 6-206 OF THIS TITLE, NAMING A PERSON AS CANDIDATE FOR
   19  A VILLAGE OFFICE WHICH REQUIRES THE OFFICE HOLDER TO BE  A  RESIDENT  OF
   20  THE  VILLAGE,  AND  WHICH  CONTAINS  THEREIN A RESIDENCE ADDRESS FOR THE
   21  CANDIDATE THAT IS NOT WITHIN THE VILLAGE IN WHICH  THE  CANDIDATE  SEEKS
   22  NOMINATION  OR  ELECTION,  SHALL  BE INVALID UNLESS SUCH CANDIDATE SHALL
   23  FILE, AT THE SAME TIME AS THE FILING OF THE PETITION OR  CERTIFICATE  OF
   24  NOMINATION OR DESIGNATION, A CERTIFICATE DULY ACKNOWLEDGED BY THE CANDI-
   25  DATE WHICH SETS FORTH A RESIDENCE WITHIN THE VILLAGE WHERE THE CANDIDATE
   26  RESIDES AS OF THE DATE OF SUCH FILINGS.
   27    S  4. This act shall take effect on the first of January next succeed-
   28  ing the date on which it shall have become a law.