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A08184 Summary:

BILL NOA08184
 
SAME ASNo Same As
 
SPONSORJacobson
 
COSPNSRMcDonald, Galef
 
MLTSPNSR
 
Amd 6-136, 6-138, 6-108, 6-146 & 6-122, El L
 
Requires that candidates for certain offices be residents and registered voters in the district containing the public office or party position sought at certain times during the electoral process.
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A08184 Actions:

BILL NOA08184
 
08/25/2021referred to election law
01/05/2022referred to election law
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A08184 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8184
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     August 25, 2021
                                       ___________
 
        Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
          tee on Election Law
 
        AN  ACT  to amend the election law, in relation to requiring that candi-
          dates for certain offices be residents and registered  voters  in  the
          district  containing  the  public  office  or party position sought at
          certain times during the electoral process
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  6-136 of the election law is amended by adding a
     2  new subdivision 5 to read as follows:
     3    5. At the time of the filing of a designating petition  for  a  public
     4  office or a party position, the candidate shall be a resident and regis-
     5  tered  voter in the district containing the public office or party posi-
     6  tion sought. A county, city, town or village may impose  more  stringent
     7  residency  requirements.  A candidate for member of the county committee
     8  need only be a resident and registered to vote in the Assembly  district
     9  which  contains  the election district that the candidate is running in.
    10  Failure to meet these requirements shall render the petition void. These
    11  requirements shall be in addition to all other requirements required  by
    12  law.  This  section shall not apply to a candidate for representative in
    13  congress, or to a candidate for the state assembly or state senate.
    14    § 2. Section 6-138 of the election law is  amended  by  adding  a  new
    15  subdivision 5 to read as follows:
    16    5. At the time of the filing of an independent nominating petition for
    17  public office, the candidate shall be a resident and registered voter in
    18  the  district  containing  the  public  office.  Failure  to  meet these
    19  requirements shall render the petition void. These requirements shall be
    20  in addition to all other requirements required by law.  A county,  city,
    21  town  or  village may impose more stringent residency requirements. This
    22  section shall not apply to a candidate for representative  in  congress,
    23  or to a candidate for the state assembly or state senate.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10390-05-1

        A. 8184                             2
 
     1    §  3.  Section  6-108  of  the election law is amended by adding a new
     2  subdivision 4 to read as follows:
     3    4.  At  the  time of a party caucus, the candidate shall be a resident
     4  and registered voter  in  the  district  containing  the  public  office
     5  sought.  Failure to meet these requirements shall render the certificate
     6  of designation or nomination void. These requirements shall be in  addi-
     7  tion  to  all other requirements required by law. A town may impose more
     8  stringent residency requirements.
     9    § 4. Section 6-146 of the election law is  amended  by  adding  a  new
    10  subdivision 6 to read as follows:
    11    6.  The  candidate  filing  a certificate accepting the designation or
    12  nomination under this section shall be a resident and  registered  voter
    13  in  the  district  containing  the public office sought. Failure to meet
    14  these requirements shall render the certificate of  acceptance  void.  A
    15  county,  city,  town  or  village  may  impose  more stringent residency
    16  requirements.   These requirements shall be in  addition  to  all  other
    17  requirements  required  by law. This section shall not apply to a candi-
    18  date for representative in congress, or to a  candidate  for  the  state
    19  assembly  or  state  senate,  or  a candidate for justice of the supreme
    20  court.
    21    § 5. Section 6-122 of the election law, as amended by chapter  511  of
    22  the laws of 1993, is amended to read as follows:
    23    §  6-122.  Designation  or nomination; eligibility, restrictions. 1. A
    24  person shall not be designated or nominated for a public office or party
    25  position who [(1)]:
    26    (a) is not a citizen of the state of New York;
    27    [(2)] (b) is ineligible to be elected to such office or position; [or
    28    (3)] (c) who, if elected will not at the time of commencement  of  the
    29  term  of  such  office or position, meet the constitutional or statutory
    30  qualifications thereof or, with respect to judicial office, who will not
    31  meet such qualifications within thirty days of the commencement  of  the
    32  term of such office; or
    33    (d) at the time of such designation or nomination shall not be a resi-
    34  dent of the district and not registered to vote in the district contain-
    35  ing the public office or party position. A county, city, town or village
    36  may impose more stringent residency requirements. A candidate for member
    37  of  the  county committee need only be a resident and registered to vote
    38  in the Assembly district which contains the election district  that  the
    39  candidate is running in.
    40    2.  The provisions of paragraph (d) of subdivision one of this section
    41  shall not apply to the office of representative in congress, or  to  the
    42  office  of  representative  in the state assembly or state senate, or to
    43  the office of justice of the supreme court.
    44    § 6. This act shall take effect immediately.
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