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Appointment & Qualifications

Which statement about the transmission of commissions and related records is NOT correct?

A

After appointment, the Secretary of State transmits the commission, oath of office, and official signature to the appropriate county clerk.

B

Under Executive Law §131, transmission to the county clerk is by the tenth day of the following month.

C

The county clerk maintains a record of the commission and signature.

D

Transmission to the county clerk must always occur on the same day the commission is issued.

Correct Answer

D. Transmission to the county clerk must always occur on the same day the commission is issued.

AI Explanation

The statutory timing is the tenth day of the following month, not the same day. Executive Law §131(5) and (10) provide for transmission of the commission, oath, official signature, and apportioned filing fee to the county clerk by the tenth day of the following month. Not to be confused with the effective date of the oath and signature, county-clerk transmission has its own timetable.

Appointment & Qualifications Question #325
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