§ 7. 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 of New York for five years, and, except as hereinafter otherwise
prescribed, of the assembly or senate district for the twelve months
immediately preceding his or her election; if elected a senator or
member of assembly at the first election next ensuing after a
readjustment or alteration of the senate or assembly districts becomes
effective, a person, to be eligible to serve as such, must have been a
resident of the county in which the senate or assembly district is
contained for the twelve months immediately preceding his or her
election. No member of the legislature shall, during the time for which
he or she was elected, receive any civil appointment from the governor,
the governor and the senate, the legislature or from any city
government, to an office which shall have been created, or the
emoluments whereof shall have been increased during such time. If a
member of the legislature be elected to congress, or appointed to any
office, civil or military, under the government of the United States,
the state of New York, or under any city government except as a member
of the national guard or naval militia of the state, or of the reserve
forces of the United States, his or her acceptance thereof shall vacate
his or her seat in the legislature, providing, however, that a member of
the legislature may be appointed commissioner of deeds or to any office
in which he or she shall receive no compensation.