A00085 Summary:

BILL NO    A00085 

SAME AS    SAME AS S00429

SPONSOR    Kavanagh (MS)

COSPNSR    Jaffee

MLTSPNSR   Galef

Amd S3, Pub Off L; add SS6-170 & 6-214, El L

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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A00085 Actions:

BILL NO    A00085 

01/09/2013 referred to governmental operations
01/08/2014 referred to governmental operations
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A00085 Votes:

There are no votes for this bill in this legislative session.
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A00085 Memo:

BILL NUMBER:A85

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  OF  BILL:  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:  2012: A05896 (Kavanagh)- Governmental Operations
2011:  A05896  (Kavanagh)-  Governmental   Operations   2010:   A01058
(Kavanagh)-   Governmental   Operations   2009:   A01058   (Kavanagh)-
Governmental Operations

FISCAL IMPACT ON THE STATE: 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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A00085 Text:

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

                                          85

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. KAVANAGH, STEVENSON, JAFFEE -- Multi-Sponsored by
         --  M.  of  A.  GALEF  --  read  once and referred to the Committee on
         Governmental 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:

    1    Section  1.  Subdivision 1 of section 3 of the public officers law, as
    2  amended by chapter 44 of the  laws  of  1982,  is  amended  to  read  as
    3  follows:
    4    1. No person shall be capable of holding a civil office who shall not,
    5  at  the time he OR SHE shall be chosen thereto, have attained the age of
    6  eighteen years, except that in the case of youth boards,  youth  commis-
    7  sions  or recreation commissions only, members of such boards or commis-
    8  sions may be under the age of eighteen years, but must have attained the
    9  age of sixteen years on or before appointment to such youth board, youth
   10  commission or recreation commission, be a citizen of the United  States,
   11  a  resident  of the state, and if it be a local office, BE a resident of
   12  the political subdivision or municipal  corporation  of  the  state  for
   13  which  he  OR SHE shall be chosen, or within which the electors electing
   14  him OR HER reside, or within which his OR  HER  official  functions  are
   15  required  to  be  exercised  AT  THE  TIME HE OR SHE SHALL BE OFFICIALLY
   16  DESIGNATED OR NOMINATED, or who shall have been or shall be convicted of
   17  a violation of the selective draft act of the United States, enacted May
   18  eighteenth, nineteen  hundred  seventeen,  or  the  acts  amendatory  or
   19  supplemental  thereto,  or of the federal selective training and service
   20  act of nineteen hundred forty or the acts amendatory thereof or  supple-
   21  mental thereto.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00412-01-3
       A. 85                               2

    1    S 2. The election law is amended by adding a new section 6-170 to read
    2  as follows:
    3    S  6-170. DESIGNATING OR NOMINATING PETITION; RESIDENCE. A DESIGNATING
    4  OR NOMINATING PETITION, OR CERTIFICATE OF DESIGNATION,  AS  PROVIDED  IN
    5  SECTIONS 6-132 AND 6-140 OF THIS TITLE, NAMING A PERSON AS CANDIDATE FOR
    6  A  LOCAL OFFICE WHICH REQUIRES THE OFFICE HOLDER TO BE A RESIDENT OF THE
    7  SUBDIVISION, AND WHICH CONTAINS THEREIN  A  RESIDENCE  ADDRESS  FOR  THE
    8  CANDIDATE  THAT  IS  NOT  WITHIN  THE SUBDIVISION IN WHICH THE CANDIDATE
    9  SEEKS NOMINATION OR ELECTION, SHALL BE  INVALID  UNLESS  SUCH  CANDIDATE
   10  SHALL  FILE,  AT  THE SAME TIME AS THE FILING OF THE PETITION OR CERTIF-
   11  ICATE OF NOMINATION OR DESIGNATION, A CERTIFICATE DULY  ACKNOWLEDGED  BY
   12  THE  CANDIDATE WHICH SETS FORTH A RESIDENCE WITHIN THE SUBDIVISION WHERE
   13  THE CANDIDATE RESIDES AS OF THE DATE OF SUCH FILINGS.
   14    S 3. The election law is amended by adding a new section 6-214 to read
   15  as follows:
   16    S 6-214. DESIGNATING OR NOMINATING PETITION; RESIDENCE. A  DESIGNATING
   17  OR  NOMINATING  PETITION,  OR CERTIFICATE OF DESIGNATION, AS PROVIDED IN
   18  SECTIONS 6-204 AND 6-206 OF THIS TITLE, NAMING A PERSON AS CANDIDATE FOR
   19  A VILLAGE OFFICE WHICH REQUIRES THE OFFICE HOLDER TO BE  A  RESIDENT  OF
   20  THE  VILLAGE,  AND  WHICH  CONTAINS  THEREIN A RESIDENCE ADDRESS FOR THE
   21  CANDIDATE THAT IS NOT WITHIN THE VILLAGE IN WHICH  THE  CANDIDATE  SEEKS
   22  NOMINATION  OR  ELECTION,  SHALL  BE INVALID UNLESS SUCH CANDIDATE SHALL
   23  FILE, AT THE SAME TIME AS THE FILING OF THE PETITION OR  CERTIFICATE  OF
   24  NOMINATION OR DESIGNATION, A CERTIFICATE DULY ACKNOWLEDGED BY THE CANDI-
   25  DATE WHICH SETS FORTH A RESIDENCE WITHIN THE VILLAGE WHERE THE CANDIDATE
   26  RESIDES AS OF THE DATE OF SUCH FILINGS.
   27    S  4. This act shall take effect on the first of January next succeed-
   28  ing the date on which it shall have become a law.
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