senate Bill S429

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jan 09, 2013 referred to investigations and government operations

S429 - Bill Details

See Assembly Version of this Bill:
A85
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §3, Pub Off L; add §§6-170 & 6-214, El L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1320, A5894, A5896
2009-2010: S5176, A1058, A656A

S429 - Bill Texts

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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.

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BILL NUMBER:S429

TITLE OF BILL:
An act
to amend the public officers law and the election law, in relation to
residency requirement for local government elected officials

PURPOSE:
To provide a mechanism to ascertain whether
a candidate for a
local elected office meets the residency requirement for the office
before the election takes place.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 1 of section 3 of the public
officers law, as amended by chapter 44 of the laws of 1982, for the
purpose of adding language to make the document gender neutral.

Section 2 of the bill adds a new section 6-170 which requires that a
candidate for a local elected office be a resident of the subdivision
(district, village, town, etc.) as of the date of filing of the
designating or nominating certificate or petition.

Section 3 of the bill adds a new section 6-214 that provides a
mechanism for a candidate listing an out of district address on a
petition to certify a new in-district address as of the date of
filing. This provision does not apply to statewide or state Senate or
Assembly candidates.

Section 4 of the bill specifies the effective date.

JUSTIFICATION:
Since the residence qualification of the candidate is
met if the candidate lives in the district or subdivision as of the
date of the election, pre-election court challenges to the
eligibility of a candidate for non-residence have been rejected by
the courts. (See Weidman v. Starkweather, 80 NY 2d 955 (1992); Keith
v. King, 220 AD. 2d 471 (2d Dept. 1995); Clark v. McCoy, 196 AD 2d
607 (2d Dept); Leave to Appeal Denied, 2 NY 2d 653 (1993).)

After an election, there is no effective means to challenge a winning
candidate's eligibility for office based on his or her failure to
have acquired a residence in the district by the date of the
election. The Boards of Election lack jurisdiction to rule on
residency issues and the courts' jurisdiction in post-election
proceedings is limited to ruling on contested ballots. A quo warranto
proceeding could challenge a person's right to hold office, but only
the Attorney General can issue such a proceeding. Rarely is such a
proceeding brought forth, and when it is, it typically takes months,
if not a year or more to resolve these issues.

Serious questions were raised concerning the residency of a winning
candidate for City Council in a special election held in February
2007 in New York City. Absent a clear mechanism for resolving the
issue, the City Council addressed the matter by requiring the winning
candidate to submit a sworn statement as to his residence before
being seated. This requirement is of dubious legality because Article


XIII of the State Constitution provides that "no other oath,
declaration or test (other than the standard oath of office) shall be
required as a qualification for any office of public trust." In the
event, the candidate refused to make the sworn statement and a second
special election had to be called to resolve the matter, at
substantial expense to the taxpayers.
Under this legislation, candidates for local offices must meet the
residency requirement as of the date their designating or nominating
petitions or certificates are filed. A non-resident may circulate
petitions listing an out-of-district residence address. However, on
the date the petition is filed, the candidate must file a certificate
specifying an in-district residence as of that date. Challenges, if
any, to the residence of the candidate would then be resolved in the
courts, under the usual procedures, before the election.

Candidates for statewide office or member of the legislature are
subject to constitutional residence requirements that would not be
affected by this legislation.

LEGISLATIVE HISTORY:
2009/10: S.5176/A.1058
2011/12: S.1320/A.5896

FISCAL IMPLICATIONS:
None for the State. Could save significant
amounts for localities by enabling them to resolve residency issues
without holding second elections.

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

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

                                   429

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00412-01-3

S. 429                              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.

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