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:

  Section 1. Subdivision 1 of section 3 of the public officers  law,  as
amended  by  chapter  251  of  the  laws  of 2014, is amended to read as
follows:
  1. No person shall be capable of holding a civil office who shall not,
at the time he or she shall be chosen thereto, have attained the age  of
eighteen  years,  except that in the case of youth boards, youth commis-
sions, recreation commissions, or community boards in the  city  of  New
York only, members of such boards or commissions may be under the age of
eighteen  years,  but  must have attained the age of sixteen years on or
before appointment to such youth  board,  youth  commission,  recreation
commission,  or community board in the city of New York, be a citizen of
the United States, a resident of the state, and if it be a local office,
a resident of the political subdivision or municipal corporation of  the
state  for which he or she shall be chosen, or within which the electors
electing him or her reside, or within which his or  her  official  func-
tions  are required to be exercised AT THE TIME HE OR SHE SHALL BE OFFI-
CIALLY DESIGNATED OR NOMINATED, or who  shall  have  been  or  shall  be
convicted  of  a  violation  of  the  selective  draft act of the United
States, enacted May eighteenth, nineteen hundred seventeen, or the  acts
amendatory or supplemental thereto, or of the federal selective training
and service act of nineteen hundred forty or the acts amendatory thereof
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

  S 2. The election law is amended by adding a new section 6-170 to read
as follows:
  S  6-170. DESIGNATING OR NOMINATING PETITION; RESIDENCE. A DESIGNATING
OR NOMINATING PETITION, OR CERTIFICATE OF DESIGNATION,  AS  PROVIDED  IN
SECTIONS 6-132 AND 6-140 OF THIS TITLE, NAMING A PERSON AS CANDIDATE FOR
A  LOCAL OFFICE WHICH REQUIRES THE OFFICE HOLDER TO BE A RESIDENT OF THE
SUBDIVISION, AND WHICH CONTAINS THEREIN  A  RESIDENCE  ADDRESS  FOR  THE
CANDIDATE  THAT  IS  NOT  WITHIN  THE SUBDIVISION IN WHICH THE CANDIDATE
SEEKS NOMINATION OR ELECTION, SHALL BE  INVALID  UNLESS  SUCH  CANDIDATE
SHALL  FILE,  AT  THE SAME TIME AS THE FILING OF THE PETITION OR CERTIF-
ICATE OF NOMINATION OR DESIGNATION, A CERTIFICATE DULY  ACKNOWLEDGED  BY
THE  CANDIDATE WHICH SETS FORTH A RESIDENCE WITHIN THE SUBDIVISION WHERE
THE CANDIDATE RESIDES AS OF THE DATE OF SUCH FILINGS.
  S 3. The election law is amended by adding a new section 6-214 to read
as follows:
  S 6-214. DESIGNATING OR NOMINATING PETITION; RESIDENCE. A  DESIGNATING
OR  NOMINATING  PETITION,  OR CERTIFICATE OF DESIGNATION, AS PROVIDED IN
SECTIONS 6-204 AND 6-206 OF THIS TITLE, NAMING A PERSON AS CANDIDATE FOR
A VILLAGE OFFICE WHICH REQUIRES THE OFFICE HOLDER TO BE  A  RESIDENT  OF
THE  VILLAGE,  AND  WHICH  CONTAINS  THEREIN A RESIDENCE ADDRESS FOR THE
CANDIDATE THAT IS NOT WITHIN THE VILLAGE IN WHICH  THE  CANDIDATE  SEEKS
NOMINATION  OR  ELECTION,  SHALL  BE INVALID UNLESS SUCH CANDIDATE SHALL
FILE, AT THE SAME TIME AS THE FILING OF THE PETITION OR  CERTIFICATE  OF
NOMINATION OR DESIGNATION, A CERTIFICATE DULY ACKNOWLEDGED BY THE CANDI-
DATE WHICH SETS FORTH A RESIDENCE WITHIN THE VILLAGE WHERE THE CANDIDATE
RESIDES AS OF THE DATE OF SUCH FILINGS.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.