senate Bill S1329

Provides residency of a person at the time of filing certain petitions shall be presumed to be the residence address of such person

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO ELECTIONS
  • 04 / Jan / 2012
    • REFERRED TO ELECTIONS

Summary

Provides residency of a person at the time of filing a designating or nominating petition or a certificate of designation, nomination or substitution shall be presumed to be the residence address of such person at the time of commencement of the term of his or her office or position.

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Bill Details

Versions:
S1329
Legislative Cycle:
2011-2012
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §6-122, El L
Versions Introduced in 2009-2010 Legislative Cycle:
S1429

Sponsor Memo

BILL NUMBER:S1329

TITLE OF BILL:
An act to amend the election law, in relation to eligibility
restrictions for designation or nomination

PURPOSE:
This bill adds section 6-122 of the election law to presume the
residence address on a candidate's nominating petition is the same at
the time at commencement of such office or position.

SUMMARY OF PROVISIONS:
Amends the election law by adding two new subsections to §6-122.

EXISTING LAW:
The state constitution provides a one year residency requirements for
all those who seek to serve as a member of the State legislature or in
an elected statewide office. Otherwise, local law dictates residency
requirements for public office.

JUSTIFICATION:
Under article IV, §7 of the state constitution no person shall serve
as a member of the legislature unless he or she is a citizen of the
United States and has been a resident of the state for five years and
specifically a resident within the district for the twelve months
immediately preceding his or her election. Aside from this section of
the constitution and outside of local law or ordinance there are no
other residency requirements that must be met before running for
public office.

Over the last several years there have been many documented cases of
people moving directly into districts with the express intention of
solely running for office. These candidates have no ties with the
districts and constituents they seek to represent and often times
issues over residency turn into campaign fodder.

One recent example regarding residency occurred in a special election
to fill a New York City Council seat in Brooklyn. In that case it
turned out that the winner did not reside in the district prior to the
election as required by local law, and as a result could not take
office after the results were certified As a result, another election
must now be held at the direct expense of the taxpayers. The costs
associated with this second election should not be shouldered onto
those of the taxpayers, especially given the fact this whole situation
never should have arisen in the first place.

This bill will codify in state law and make applicable to all those
wishing to run for public office in the state a residency requirement.
Such a requirement will prevent carpetbaggers from simply moving into
a district to run for public office and will stop the unnecessary
expenditure of taxpayer dollars to hold additional elections when it
turns out the winner never lived in the district to begin with.

LEGISLATIVE HISTORY:
2007/2008: S.3920A - Referred to Elections
2009/2010: S.1429/A.7367


FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of December next succeeding the
date on which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1329

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens. DILAN, DIAZ -- read twice and ordered printed, and
  when printed to be committed to the Committee on Elections

AN  ACT  to  amend  the  election  law,  in  relation   to   eligibility
  restrictions for designation or nomination

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 6-122 of the election law, as  amended  by  chapter
511 of the laws of 1993, is amended to read as follows:
  S  6-122.  Designation or nomination; eligibility, restrictions.  1. A
person shall not be designated or nominated for a public office or party
position who (1) is not a citizen of the state of New York; (2) is inel-
igible to be elected to such office or position; or (3) who, if  elected
will not at the time of commencement of the term of such office or posi-
tion,  meet  the  constitutional or statutory qualifications thereof or,
with respect to judicial office, who will not meet  such  qualifications
within thirty days of the commencement of the term of such office.
  2.  FOR  THE  PURPOSES  OF  THIS  SECTION,  THE RESIDENCE ADDRESS OF A
PERSON, AT THE TIME OF FILING OF A DESIGNATING OR NOMINATING PETITION OR
A CERTIFICATE OF DESIGNATION, NOMINATION OR SUBSTITUTION AND NAMED AS  A
CANDIDATE  FOR  PUBLIC  OFFICE  OR  PARTY  POSITION  IN SUCH PETITION OR
CERTIFICATE, SHALL BE PRESUMED TO  BE  THE  RESIDENCE  ADDRESS  OF  SUCH
PERSON  AT  THE TIME OF COMMENCEMENT OF THE TERM OF SUCH OFFICE OR POSI-
TION.
  3. FOR THE PURPOSES OF THIS SECTION, IN THE EVENT A  PERSON,  WHO  WAS
QUALIFIED  PURSUANT TO SUBDIVISIONS ONE AND TWO OF THIS SECTION, CHANGES
HIS OR HER RESIDENCE SUBSEQUENT TO THE FILING OF A PETITION  OR  CERTIF-
ICATE,  AS  DESCRIBED  IN SUBDIVISION TWO OF THIS SECTION, THE NEW RESI-
DENCE ADDRESS SHALL THEN BE PRESUMED TO BE THE RESIDENCE ADDRESS OF SUCH
PERSON AT THE TIME OF COMMENCEMENT OF THE TERM OF PUBLIC OFFICE OR PARTY
POSITION.
  S 2. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02679-01-1

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