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Appointment & Qualifications

Which of the following statements is NOT correct?

A

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

B

A commissioner of elections may be eligible for the office of notary public.

C

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

D

A New York City commissioner of deeds removed from office is thereafter ineligible again to be appointed as such commissioner.

Correct Answer

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

AI Explanation

The sheriff rule is a New York-specific trap. The booklet quotes Article XIII, §13(a) of the New York Constitution: sheriffs shall hold no other office. By contrast, Election Law §§3-200 and 3-400 expressly recognize eligibility for certain election officials, and the booklet’s miscellaneous notes discuss the legislature and removed NYC commissioners of deeds separately.

Appointment & Qualifications Question #122
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