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Appointment & Qualifications

A former notary let the commission expire while serving in the armed forces and reapplies 10 months after an honorable discharge. Which statement is most accurate?

A

The applicant must automatically retake the exam because the six-month reappointment window has passed.

B

The Secretary of State may waive the qualifying requirements if the application is made within one year after discharge under qualifying conditions.

C

The applicant is barred because military service never affects reappointment rules.

D

The applicant may be reappointed only if a county clerk requests it.

Correct Answer

B. The Secretary of State may waive the qualifying requirements if the application is made within one year after discharge under qualifying conditions.

AI Explanation

Military-service reappointment is a specific waiver rule. Executive Law §130 allows the Secretary of State to waive qualifying requirements when a former notary reapplies within one year after qualifying military discharge. Unlike the ordinary six-month reappointment window, this is a separate military-related exception.

Appointment & Qualifications Question #452
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