S T A T E O F N E W Y O R K
________________________________________________________________________
8184
2021-2022 Regular Sessions
I N A S S E M B L Y
August 25, 2021
___________
Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to requiring that candi-
dates for certain offices be residents and registered voters in the
district containing the public office or party position sought at
certain times during the electoral process
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6-136 of the election law is amended by adding a
new subdivision 5 to read as follows:
5. AT THE TIME OF THE FILING OF A DESIGNATING PETITION FOR A PUBLIC
OFFICE OR A PARTY POSITION, THE CANDIDATE SHALL BE A RESIDENT AND REGIS-
TERED VOTER IN THE DISTRICT CONTAINING THE PUBLIC OFFICE OR PARTY POSI-
TION SOUGHT. A COUNTY, CITY, TOWN OR VILLAGE MAY IMPOSE MORE STRINGENT
RESIDENCY REQUIREMENTS. A CANDIDATE FOR MEMBER OF THE COUNTY COMMITTEE
NEED ONLY BE A RESIDENT AND REGISTERED TO VOTE IN THE ASSEMBLY DISTRICT
WHICH CONTAINS THE ELECTION DISTRICT THAT THE CANDIDATE IS RUNNING IN.
FAILURE TO MEET THESE REQUIREMENTS SHALL RENDER THE PETITION VOID. THESE
REQUIREMENTS SHALL BE IN ADDITION TO ALL OTHER REQUIREMENTS REQUIRED BY
LAW. THIS SECTION SHALL NOT APPLY TO A CANDIDATE FOR REPRESENTATIVE IN
CONGRESS, OR TO A CANDIDATE FOR THE STATE ASSEMBLY OR STATE SENATE.
§ 2. Section 6-138 of the election law is amended by adding a new
subdivision 5 to read as follows:
5. AT THE TIME OF THE FILING OF AN INDEPENDENT NOMINATING PETITION FOR
PUBLIC OFFICE, THE CANDIDATE SHALL BE A RESIDENT AND REGISTERED VOTER IN
THE DISTRICT CONTAINING THE PUBLIC OFFICE. FAILURE TO MEET THESE
REQUIREMENTS SHALL RENDER THE PETITION VOID. THESE REQUIREMENTS SHALL BE
IN ADDITION TO ALL OTHER REQUIREMENTS REQUIRED BY LAW. A COUNTY, CITY,
TOWN OR VILLAGE MAY IMPOSE MORE STRINGENT RESIDENCY REQUIREMENTS. THIS
SECTION SHALL NOT APPLY TO A CANDIDATE FOR REPRESENTATIVE IN CONGRESS,
OR TO A CANDIDATE FOR THE STATE ASSEMBLY OR STATE SENATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10390-05-1
A. 8184 2
§ 3. Section 6-108 of the election law is amended by adding a new
subdivision 4 to read as follows:
4. AT THE TIME OF A PARTY CAUCUS, THE CANDIDATE SHALL BE A RESIDENT
AND REGISTERED VOTER IN THE DISTRICT CONTAINING THE PUBLIC OFFICE
SOUGHT. FAILURE TO MEET THESE REQUIREMENTS SHALL RENDER THE CERTIFICATE
OF DESIGNATION OR NOMINATION VOID. THESE REQUIREMENTS SHALL BE IN ADDI-
TION TO ALL OTHER REQUIREMENTS REQUIRED BY LAW. A TOWN MAY IMPOSE MORE
STRINGENT RESIDENCY REQUIREMENTS.
§ 4. Section 6-146 of the election law is amended by adding a new
subdivision 6 to read as follows:
6. THE CANDIDATE FILING A CERTIFICATE ACCEPTING THE DESIGNATION OR
NOMINATION UNDER THIS SECTION SHALL BE A RESIDENT AND REGISTERED VOTER
IN THE DISTRICT CONTAINING THE PUBLIC OFFICE SOUGHT. FAILURE TO MEET
THESE REQUIREMENTS SHALL RENDER THE CERTIFICATE OF ACCEPTANCE VOID. A
COUNTY, CITY, TOWN OR VILLAGE MAY IMPOSE MORE STRINGENT RESIDENCY
REQUIREMENTS. THESE REQUIREMENTS SHALL BE IN ADDITION TO ALL OTHER
REQUIREMENTS REQUIRED BY LAW. THIS SECTION SHALL NOT APPLY TO A CANDI-
DATE FOR REPRESENTATIVE IN CONGRESS, OR TO A CANDIDATE FOR THE STATE
ASSEMBLY OR STATE SENATE, OR A CANDIDATE FOR JUSTICE OF THE SUPREME
COURT.
§ 5. Section 6-122 of the election law, as amended by chapter 511 of
the laws of 1993, is amended to read as follows:
§ 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)]:
(A) is not a citizen of the state of New York;
[(2)] (B) is ineligible to be elected to such office or position; [or
(3)] (C) who, if elected will not at the time of commencement of the
term of such office or position, 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; OR
(D) AT THE TIME OF SUCH DESIGNATION OR NOMINATION SHALL NOT BE A RESI-
DENT OF THE DISTRICT AND NOT REGISTERED TO VOTE IN THE DISTRICT CONTAIN-
ING THE PUBLIC OFFICE OR PARTY POSITION. A COUNTY, CITY, TOWN OR VILLAGE
MAY IMPOSE MORE STRINGENT RESIDENCY REQUIREMENTS. A CANDIDATE FOR MEMBER
OF THE COUNTY COMMITTEE NEED ONLY BE A RESIDENT AND REGISTERED TO VOTE
IN THE ASSEMBLY DISTRICT WHICH CONTAINS THE ELECTION DISTRICT THAT THE
CANDIDATE IS RUNNING IN.
2. THE PROVISIONS OF PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION
SHALL NOT APPLY TO THE OFFICE OF REPRESENTATIVE IN CONGRESS, OR TO THE
OFFICE OF REPRESENTATIVE IN THE STATE ASSEMBLY OR STATE SENATE, OR TO
THE OFFICE OF JUSTICE OF THE SUPREME COURT.
§ 6. This act shall take effect immediately.