BILL NUMBER: S888

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public officers law, in relation to prohibiting a
person convicted of rebellion or insurrection against the authority of
the United States or the laws thereof from holding civil office in the
state

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits insurrectionists from holding civil office in the state

 
SUMMARY OF PROVISIONS:

Section 1 of the bill is the short title: "Restrict Insurrectionists
from Office Taking (RIOT) Act"

Section 2 of the bill amends the public officer's law, paragraph (i) of
subdivision 1-a of section 3 of the public officer's law, as added by
section 31-b of subpart A of part H of Chapter 55 of the laws of 2014,
              

by ensuring that those convicted of rebellion or insurrection against
the authority of the United States cannot hold civil office in the
state.

Section 3 is the effective date. The act shall take effect immediately.

 
JUSTIFICATION:

Planning or participating in insurrection or rebellion is directly in
conflict with the oath of office members of the legislature and all
offices, executive and judicial, must take to support the constitution
of the United States and the constitution of the state of New York. At a
congressional level, as least two new elected representatives have been
credibly accused of participating in the violent insurrection at the
U.S. Capitol on January 6th, 2021.

There is historic precedent for this type of exclusion. On a federal
level, the fourteenth amendment's disqualification clause of the U.S.
Constitution allows the House and the Senate to exclude from office
anyone who previously swore an oath to defend the constitution and
engaged in insurrection or rebellion, but it does not address candidates
who have not yet taken an oath or affirmation. Federal law also bars
insurrectionists from holding office under the United States, but not
state or local governments. 18 U.S.C. § 2383. With this bill, New York
can close those loopholes by barring such criminals from becoming a
member of the state legislature, executive officer, or judge and affir-
matively declare that engaging in insurrection and rebellion against the
country or the state is incompatible with government service in the
state of New York.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

NA
 
EFFECTIVE DATE:
This act shall take effect immediately.