The New York State Senate

 
                     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.