Bill Text: NY A05579 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 5579 (Prior Session Legislation)

Introduced

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) 2016-01-06 - referred to governmental operations [A05579 Detail]

Download: New_York-2015-A05579-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5579
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 27, 2015
                                      ___________
       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.
                                                                  LBD04395-01-5
       A. 5579                             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.