Glickman v. Laffin, No. 187 (N.Y. Aug. 23, 2016)
Registering to vote in another jurisdiction, thereby attesting to its status as one’s sole electoral residence, precludes a finding of continuous residency in New York for constitutional purposes, even if other factors suggest attachment to the state.
Summary
In a dispute over a New York State Senate candidate’s residency, the New York Court of Appeals held that the candidate’s registration to vote in Washington, D.C., precluded him from establishing the required five-year continuous residency in New York. The court emphasized that voter registration requires an attestation of sole electoral residence, which severed the candidate’s claim to New York residency. Despite evidence of ties to New York, the court found that the act of registering in D.C. broke the chain of New York residency. The court reversed the Appellate Division’s decision, reinstating the trial court’s invalidation of the candidate’s petitions.
Facts
Steven Glickman, a candidate for the New York State Senate, sought to validate his designating petitions. Objectors challenged his petitions, arguing he failed to meet the five-year New York State residency requirement and the one-year Senate District residency requirement. Glickman had resided in New York before attending college and graduate school in Maryland. He returned to New York frequently, maintained ties to his father’s home, and continued to use the New York address on his driver’s license. In 2013, Glickman moved to Washington, D.C. and registered to vote there in November 2014. He moved back to his father’s home in New York in March 2015 and registered to vote there in May 2015. He subsequently moved to Rochester, within the Senate District, in October 2015.
Procedural History
The Supreme Court invalidated the designating petitions, holding that Glickman’s D.C. voter registration prevented him from meeting the residency requirement. The Appellate Division reversed, concluding that the voter registration did not preclude Glickman from selecting New York as his electoral residence, finding he had legitimate and continuing attachments to New York. The objectors appealed to the Court of Appeals.
Issue(s)
- Whether Glickman’s voter registration in Washington, D.C. precluded him from establishing the continuous five-year New York residency required by the State Constitution.
Holding
- Yes, because his voter registration in Washington, D.C., including his attestation that it was his sole electoral residence, broke the chain of New York residency.
Court’s Reasoning
The Court of Appeals examined New York’s constitutional residency requirement for legislative office, which requires five years of residency in the state. The court emphasized that