Requires that if a member of the legislature shall move their residence out of the senate or assembly district they were elected to serve during the time for which such member was elected they shall immediately vacate their seat in the legislature.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3788
SPONSOR: Dinowitz TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 7 of article 3 of the constitution, in relation to resigna-
tion of members of the legislature who move out of their district during
their term
PURPOSE:
To minimize the likelihood that New Yorkers will have to endure absentee
state legislative representation
SUMMARY OF PROVISIONS:
Section one of the bill amends § 7 of article 3 of the constitution to
add that if a member of the legislature shall vacate her or his seat in
the legislature if she or he moves their residence out of the senate or
assembly district they were elected to serve during the term in which
they were elected.
Section two of the bill provides for referral of the bill to the next
separately elected session of the Legislature and publication.
JUSTIFICATION:
One of the most important tenets of our democracy is the public's repre-
sentation through their elected officials. This is particularly impor-
tant with respect to individuals elected to the legislature, who are in
the unique position of being the voice of the community they represent.
One of the most important ways of understanding the local issues in the
neighborhood an elected official represents, and the views of community
members, is through engagement and actually being a member of the commu-
nity. The New York Constitution recognizes the importance of this by
requiring that members of the state legislature live in the district
they represent for a minimum of one year before their election (with
leeway given in re-districting years which requires a candidate only
live in the county in which the district is contained). As such, should
a member of the state legislature move out of the district to which they
were elected to represent, it is only appropriate that the voters of the
district have the opportunity to elect a person who lives in the commu-
nity.
PRIOR LEGISLATIVE HISTORY:
2023-24: A.4063 - Judiciary
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill must pass two successive Legislatures and then placed on the
ballot in a general election. If supported by a majority of New York
voters it would take effect the following January 1st.
STATE OF NEW YORK
________________________________________________________________________
3788
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. DINOWITZ, RIVERA, TAPIA, SEAWRIGHT, DeSTEFANO,
MORINELLO -- read once and referred to the Committee on Governmental
Operations
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 7 of article 3 of the constitution, in
relation to resignation of members of the legislature who move out of
their district during their term
1 Section 1. Resolved (if the Senate concur), That section 7 of article
2 3 of the constitution be amended to read as follows:
3 § 7. No person shall serve as a member of the legislature unless [he
4 or she] such person is a citizen of the United States and has been a
5 resident of the state of New York for five years, and, except as herein-
6 after otherwise prescribed, of the assembly or senate district for the
7 twelve months immediately preceding [his or her] their election; if
8 elected a senator or member of assembly at the first election next ensu-
9 ing after a readjustment or alteration of the senate or assembly
10 districts becomes effective, a person, to be eligible to serve as such,
11 must have been a resident of the county in which the senate or assembly
12 district is contained for the twelve months immediately preceding [his
13 or her] their election. No member of the legislature shall, during the
14 time for which [he or she] such member was elected, receive any civil
15 appointment from the governor, the governor and the senate, the legisla-
16 ture or from any city government, to an office which shall have been
17 created, or the emoluments whereof shall have been increased during such
18 time. If a member of the legislature be elected to congress, or
19 appointed to any office, civil or military, under the government of the
20 United States, the state of New York, or under any city government
21 except as a member of the national guard or naval militia of the state,
22 or of the reserve forces of the United States, [his or her] their
23 acceptance thereof shall vacate [his or her] their seat in the legisla-
24 ture, providing, however, that a member of the legislature may be
25 appointed commissioner of deeds or to any office in which [he or she]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89081-01-5
A. 3788 2
1 such member shall receive no compensation. If a member of the legisla-
2 ture shall move their residence out of the senate or assembly district
3 they were elected to serve during the time for which such member was
4 elected they shall immediately vacate their seat in the legislature.
5 § 2. Resolved (if the Senate concur), That the foregoing amendments be
6 referred to the first regular legislative session convening after the
7 next succeeding general election of members of the assembly, and, in
8 conformity with section 1 of article 19 of the constitution, be
9 published for 3 months previous to the time of such election.
