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.