BILL NUMBER:S2323

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:


2013-2014 5.432: Referred to elections

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

1st of December next succeding the date on which it shall have become
a law.