What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Referred to elections
- Referred to elections
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S432
Title of bill
An act to amend the election law, in relation to eligibility restrictions for designation or nomination
Purpose
This bill adds section 6-122 of the election law to presume the residence address on a candidate's nominating petition is the same at the time at commencement of such office or position.
Summary of provisions
Amends the election law by adding two new subsections to §6-122.
Existing law
The state constitution provides a one year residency requirements for all those who seek to serve as a member of the State legislature or in an elected statewide office. Otherwise, local law dictates residency requirements for public office.
Justification
Under article IV, §7 of the state constitution no person shall serve as a member of the legislature unless he or she is a citizen of the United States and has been a resident of the state for five years and specifically a resident within the district for the twelve months immediately preceding his or her election. Aside from this section of the constitution and outside of local law or ordinance there are no other residency requirements that must be met before running for public office.
Over the last several years there have been many documented cases of people moving directly into districts with the express intention of solely running for office. These candidates have no ties with the districts and constituents they seek to represent and often times issues over residency turn into campaign fodder.
One recent example regarding residency occurred in a special election to fill a New York City Council seat in Brooklyn. In that case it turned out that the winner did not reside in the district prior to the election as required by local law, and as a result could not take office after the results were certified As a result, another election must now be held at the direct expense of the taxpayers. The costs associated with this second election should not be shouldered onto those of the taxpayers, especially given the fact this whole situation never should have arisen in the first place.
This bill will codify in state law and make applicable to all those wishing to run for public office in the state a residency requirement. Such a requirement will prevent carpetbaggers from simply moving into a district to run for public office and will stop the unnecessary expenditure of taxpayer dollars to hold additional elections when it turns out the winner never lived in the district to begin with.
Legislative history
2011/2012: S.1329 2009/2010: S.1429/A.7367
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This act shall take effect on the first of December next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.