S T A T E O F N E W Y O R K
________________________________________________________________________
1058
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee 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 44 of the laws of 1982, 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 or recreation commissions only, members of such boards or commis-
sions 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 or recreation commission, be a citizen of the United States,
a resident of the state, and if it be a local office, BE 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 functions are
required to be exercised AT THE TIME HE OR SHE SHALL BE OFFICIALLY
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 supple-
mental thereto.
S 2. The election law is amended by adding a new section 6-170 to read
as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01204-01-9
A. 1058 2
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.