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Appointment & Qualifications

Which of the following statements is NOT correct?

A

A criminal conviction does not automatically bar appointment if the Secretary makes the required finding under the applicable statutes.

B

A notary who applies within six months after expiration may have qualifying requirements waived.

C

A person removed from office for misconduct must always be reappointed if the current application is complete.

D

An attorney with a qualifying New York law office may be appointed without examination.

Correct Answer

C. A person removed from office for misconduct must always be reappointed if the current application is complete.

AI Explanation

Appointment and reappointment remain discretionary. Executive Law §130 allows certain waivers and permits appointment despite some convictions if the Secretary makes the required finding, but it also states that in any case appointment or reappointment is in the discretion of the Secretary of State. Unlike a ministerial filing task, a complete application does not guarantee appointment.

Appointment & Qualifications Question #295
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