Bill Text: NY A04203 | 2017-2018 | 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) 2017-12-15 - enacting clause stricken [A04203 Detail]

Download: New_York-2017-A04203-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4203
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2017
                                       ___________
        Introduced  by  M. of A. KAVANAGH, 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  251  of  the  laws  of 2014, 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, recreation commissions, or community boards in the  city  of  New
     8  York only, members of such boards or commissions may be under the age of
     9  eighteen  years,  but  must have attained the age of sixteen years on or
    10  before appointment to such youth  board,  youth  commission,  recreation
    11  commission,  or community board in the city of New York, be a citizen of
    12  the United States, a resident of the state, and if it be a local office,
    13  a resident of the political subdivision or municipal corporation of  the
    14  state  for which he or she shall be chosen, or within which the electors
    15  electing him or her reside, or within which his or  her  official  func-
    16  tions  are required to be exercised at the time he or she shall be offi-
    17  cially designated or nominated, or who  shall  have  been  or  shall  be
    18  convicted  of  a  violation  of  the  selective  draft act of the United
    19  States, enacted May eighteenth, nineteen hundred seventeen, or the  acts
    20  amendatory or supplemental thereto, or of the federal selective training
    21  and service act of nineteen hundred forty or the acts amendatory thereof
    22  or supplemental thereto.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01446-01-7
        A. 4203                             2
     1    § 2. The election law is amended by adding a new section 6-170 to read
     2  as follows:
     3    §  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    § 3. The election law is amended by adding a new section 6-214 to read
    15  as follows:
    16    § 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    §  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.