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Appointment & Qualifications 2026 Law Update

A former notary failed to reapply on time because of induction or enlistment in the armed forces. Under Executive Law §130, when may qualifying requirements still be waived?

A

Only if the application is filed within 30 days after discharge.

B

If the reappointment application is filed within 1 year after a qualifying discharge.

C

Only if the application was mailed before the original commission expired.

D

Never; military service does not affect the ordinary reappointment rules.

Correct Answer

B. If the reappointment application is filed within 1 year after a qualifying discharge.

AI Explanation

Military service creates a special extended reappointment window. Executive Law §130 allows the Secretary of State to waive qualifying requirements when the delay resulted from induction or enlistment and the reappointment application is made within one year after the qualifying discharge described in the statute. Unlike the ordinary six-month lapse rule, this is a separate one-year service-related exception.

Appointment & Qualifications Question #294
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