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Assembly Bill A5664

2023-2024 Legislative Session

Relates to removing citizenship as a qualification for holding public office

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Archive: Last Bill Status - In Assembly Committee

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2023-A5664 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §3, Pub Off L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9866
2021-2022: A1400
2025-2026: A6227

2023-A5664 (ACTIVE) - Summary

Removes citizenship as a qualification for holding public office in this state.

2023-A5664 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5664
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by  M.  of A. SIMONE, GALLAGHER -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the public officers law, in  relation  to  deleting  the
   citizenship requirement for holding civil office
 
   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  251  of  the  laws  of 2014, 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, recreation commissions, or community boards in the  city  of  New
 York 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,  recreation
 commission, or community board in the city of New York, 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 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, 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. WHERE ANY OTHER LAW IMPOSES ADDITIONAL CRITERIA
 FOR HOLDING ANY CIVIL OFFICE, THOSE CRITERIA SHALL APPLY TO THAT  OFFICE
 IN ADDITION TO THE REQUIREMENTS OF THIS SECTION.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07944-01-3

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