What's happening
This bill allows certain officials elected in 2017 who missed filing their oath to retroactively validate their service if they file within 30 days.
Why it matters
Prevents disruption in local government. by allowing officials who missed the oath deadline to remain in office, ensuring continuity of leadership and avoiding potential vacancies or administrative confusion.
Resolves legal uncertainties. about the validity of actions taken by these officials since their election, as their service will be retroactively validated if they comply within the new 30-day window.
Sets a limited, one-time remedy. strictly for officials elected on November 7, 2017, rather than creating a precedent for future missed deadlines, balancing flexibility for past errors with maintaining the integrity of oath requirements.
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Who cares
Headline styles
Let Officials File Late Oaths
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to election law
- Delivered to assembly
- Passed senateVote 63–0
- Ordered to third reading cal.1040
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Officials File Late Oaths
In Assembly Committee · Election Law · Sponsor William Magee
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8343
IN SENATE
May 2, 2018
Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT authorizing the taking and filing of oaths of office
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any other law, rule or regulation to the contrary, any town, city or county official duly elected on November 7, 2017 who currently occupies the office to which he or she was elected but who failed to take or file his or her respective oath of office within the statutorily prescribed period shall continue to serve in such capacity and for the full term to which he or she was elected upon the taking and filing of oaths of office consistent with section 402 of the county law, section 25 of the town law, or section 10 of the public officers law, provided such oaths are taken and filed within 30 calendar days after the effective date of this act. Such officials that take and file their oaths of office under this act shall be deemed to have been continuously serving in office since the beginning of the term to which they were elected.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15550-02-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act authorizing the taking and filing of oaths of office
Purpose
To uphold the will of the electorate despite ministerial defects in certain oaths of office requirements.
Summary of provisions
Section 1 provides that notwithstanding any other law, rule, or regu- lation to the contrary, any town, city or county official duly elected on November 7, '2017, who currently occupies the office to which he or she was elected but who failed to take or file his or her respective oath of office within the statutorily prescribed period, shall continue to serve in such capacity and for the full term to which he or she was elected upon filing the oaths of office consistent with the county law, town law, or the public officers law, provided that such oaths are taken within 30 calendar days after the effective date of this act.
Section 2 is the effective date.
Existing law
Section 402 of the county law provides that every officer paid his compensation from county funds shall take and file an official oath in the manner prescribed in section ten of the public officers law. The refusal or neglect to take and file such oath within the time prescribed by section thirty of the public officers law, except in the cases of the sheriff, county clerk and district attorney, shall be deemed a refusal to serve and the office may be filled as in the case of a vacancy.
Section 25 of the town law provides that, before he or she enters on the duties of the office, and within thirty days after the commencement of the term of office for which he or she is chosen, every town officer shall take and subscribe before an officer authorized by law to adminis- ter oaths in his or her county, the constitutional oath of office and such other oath as may be required by law, which shall be administered and certified by the officer taking the same without compensation, and such oath shall be filed in the office of the town clerk.
Section 10 of the Public Officers Law provides that every officer shall take and file the oath of office required by law, and every judicial officer of the unified court system, in addition, shall file a copy of said oath in the office of court administration, before he shall be entitled to enter upon the discharge of any of his official duties.
Justification
Current state law generally provides that the oath of office for public officials must be taken or filed within thirty days after the commence- ment of the term of office. Routinely, oaths of office are executed and filed before or at the commencement of a term. On occasion, public offi- cials do not execute and file the document within the time period, trig- gering a vacancy in the position to which they were elected.
This legislation would cure the failure to file for individuals elected in the most recent November election and fulfill the choice of the voters in these elections.
Legislative history
New bill.
Fiscal implications
None to state
Effective date
Immediate
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.