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Appointment & Qualifications 2026 Law Update

Regarding other offices and notary eligibility, which statement is NOT correct?

A

A commissioner of elections is eligible for the office of notary public.

B

A sheriff may simultaneously hold the office of notary public because both are county-related offices.

C

A member of the legislature may be appointed to an uncompensated office without necessarily vacating the legislative seat.

D

The county clerk must designate at least one staff notary to be available for the public during normal business hours.

Correct Answer

B. A sheriff may simultaneously hold the office of notary public because both are county-related offices.

AI Explanation

Sheriffs are specifically restricted. The booklet notes under N.Y. Const. art. XIII, §13(a) that sheriffs shall hold no other office. For contrast, Election Law §§3-200 and 3-400 make a commissioner of elections eligible for notary office, and County Law §534 requires a staff notary in the county clerk's office.

Appointment & Qualifications Question #358
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