S T A T E O F N E W Y O R K
________________________________________________________________________
2949
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
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Introduced by M. of A. O'DONNELL, KAVANAGH, BENEDETTO, BENJAMIN, FIELDS
-- Multi-Sponsored by -- M. of A. GREENE, JAFFEE, McDONOUGH, McKEVITT,
MOLINARO, PAULIN, PERRY, WALKER -- 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 requirements of certain elective officers
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 shall be chosen thereto, have attained the age of eigh-
teen years, except that in the case of youth boards, youth commissions
or recreation commissions 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 or recreation commission, 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
shall be chosen, or within which the electors electing him reside, or
within which his official functions are required to be exercised, 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. IN THE CASE OF AN
ELECTIVE OFFICER, ON THE DAY IN WHICH HE OR SHE IS ELECTED, HE OR SHE
MUST RESIDE IN THE DISTRICT WITHIN WHICH THE ELECTORS ELECTING HIM OR
HER RESIDE; PROVIDED, HOWEVER, THAT FOR MEMBERS OF THE STATE LEGISLATURE
AT THE FIRST ELECTION NEXT SUCCEEDING THE DATE ON WHICH A READJUSTMENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00073-01-9
A. 2949 2
OR ALTERATION OF THE SENATE OR ASSEMBLY DISTRICTS BECOMES EFFECTIVE, THE
PROVISIONS OF SECTION SEVEN OF ARTICLE THREE OF THE STATE CONSTITUTION
SHALL APPLY.
S 2. 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. 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.
NOTWITHSTANDING THE REQUIREMENTS OF THIS SECTION, A PERSON MUST MEET ANY
APPLICABLE RESIDENCY REQUIREMENTS ON THE DATE PROVIDED IN SECTION THREE
OF THE PUBLIC OFFICERS LAW.
S 3. This act shall take effect immediately and shall apply to every
election cycle commencing on and after such date.