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.