Matter of Flynn v. Board of Elections of Monroe County, 72 N.Y.2d 649 (1988)
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A candidate for public office need only meet residency requirements 30 days prior to the election, not at the time of filing the designating petition, unless a statute explicitly dictates otherwise.
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Summary
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This case addresses whether a candidate for county legislator must reside in the district at the time of filing a designating petition. The New York Court of Appeals held that residency is only required 30 days prior to the election, as mandated by the interplay of the Public Officers Law, Election Law, and the Monroe County Charter. The Court emphasized that unless the legislature expressly requires residency at the time of filing, courts should not impose such a requirement. The decision underscores the importance of clear statutory language in determining candidate qualifications.
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Facts
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Appellant Flynn filed a designating petition to run as the Democratic candidate for Monroe County Legislature, representing the 8th District. Respondent challenged the petition, asserting that Flynn did not reside in the 8th District when the petition was filed. The Monroe County Board of Elections was also named in the suit.
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Procedural History
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The Supreme Court, Monroe County, initially dismissed the petition to invalidate Flynn’s designation. The Appellate Division reversed, granting the petition and invalidating the designating petition. The Court of Appeals granted leave to appeal to address the residency requirement issue.
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Issue(s)
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Whether a candidate for county legislator must reside in the relevant district at the time of filing a designating petition, or whether residency within the district is sufficient if established at least 30 days prior to the election.
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Holding
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No, because the relevant statutes (Public Officers Law § 3 (1), Election Law § 6-122, and Monroe County Charter § C2-3 (A)) only require residency 30 days before the election and do not mandate residency at the time of filing the designating petition.
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Court’s Reasoning
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The Court focused on the specific language of the Public Officers Law § 3 (1), Election Law § 6-122, and Monroe County Charter § C2-3 (A). Election Law § 6-122 prohibits designation or nomination for those not meeting qualifications at the