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Appointment & Qualifications

Which of the following statements is NOT correct?

A

Acceptance of a compensated civil office by a member of the legislature generally vacates that person's seat.

B

A member of the legislature may be appointed to an office that carries no compensation without vacating the seat.

C

A person removed from office as a commissioner of deeds for New York City remains eligible thereafter to appoint notaries public.

D

A person removed from such office who knowingly signs as commissioner of deeds or notary public after removal is guilty of a misdemeanor.

Correct Answer

C. A person removed from office as a commissioner of deeds for New York City remains eligible thereafter to appoint notaries public.

AI Explanation

Removal as a New York City commissioner of deeds carries lasting consequences. Executive Law §140(14)-(15) says such a person is thereafter ineligible to be appointed again as commissioner and ineligible thereafter to appoint to the office of notary public; knowingly signing after removal is a misdemeanor. For contrast, the legislature-seat rule comes from N.Y. Const. art. III, §7 and turns on acceptance of another office with compensation.

Appointment & Qualifications Question #287
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