Skip to content
A9866Assembly2019-2020 Session

Allow Noncitizens in Public Office

Official title

“Relates to removing citizenship as a qualification for holding public office”

Sponsor Richard GottfriedAD-75
Status
In Assembly Committee
Governmental Operations
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Governmental Operations

What's happening

This bill removes the requirement that civil office holders in New York must be U.S. citizens, allowing non-citizen residents to serve.

Why it matters

  1. Broadens eligibility for local and state government roles. By removing the U.S. citizenship requirement, the bill opens the possibility for lawful permanent residents and other non-citizens residing in New York to participate in government decision-making and community representation.

  2. Potentially increases civic engagement among immigrants. Allowing non-citizen residents to serve in civil office may encourage more active participation in local governance, fostering stronger connections between immigrant communities and public institutions.

  3. Respects local autonomy and existing qualifications. The bill clarifies that if specific offices have additional legal requirements (such as professional credentials or background checks), those criteria remain in effect, ensuring that the change does not override other standards for holding office.

  4. Reflects changing views on representation. This change signals a shift in how New York values residency and community involvement over citizenship status, potentially serving as a model for other states considering similar reforms.

The daily · weekday mornings

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

Allow Noncitizens in Public Office

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Richard Gottfried

Assembly Member · Assembly District 75

No co-sponsors yet.

History

  1. Referred to governmental operations

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

9866

IN ASSEMBLY

February 20, 2020

Introduced by M. of A. GOTTFRIED -- 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 Assembly, 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 commissions, 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.

LBD14772-02-0

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.