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Appointment & Qualifications

Which of the following statements is NOT correct?

A

Applicants submit the oath of office and signature with the application.

B

After approval, the Secretary of State issues the commission.

C

The county clerk must make a proper index or record of commissions and official signatures transmitted to that office.

D

The county clerk, rather than the Secretary of State, decides whether the applicant has good moral character and competency.

Correct Answer

D. The county clerk, rather than the Secretary of State, decides whether the applicant has good moral character and competency.

AI Explanation

The appointment decision is made at the state level. Executive Law §§130-131 place the competency and character review with the Secretary of State, while the county clerk’s role is to maintain the record or index after transmission. In practice, the county clerk is a filing office, not the appointing authority.

Appointment & Qualifications Question #403
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