Clarify politician residency rules once and for all

Assemb. Lester Chang, left, Mayor Eric Adams and Rep. George Santos all faced questions of residency. Credit: AP / Hans Pennink, Corey Sipkin, Alejandra Villa Lorca
For a long time, office-seekers across New York State have found it possible to fudge the question of where they live and for how long they’ve lived there. Residency is relevant to their legal qualifications as candidates. Battles on the subject have grown over time into something of a public works project for election lawyers. It's time for some bright lines.
New York's requirements are similar to those in other states. For a seat in the Assembly or State Senate, for example, you must be a U.S. citizen and a state resident for five years. Also, you usually must reside in a district for a year before running there. In redistricting years, you need only to have lived a year in the appropriate county.
Courts have ruled in different directions on what may have looked like similar sets of facts. Some contenders were cleared for the ballot despite voting outside the state — at some point — during the previous five years. The twist is that where you vote doesn’t necessarily describe a permanent residency; registrants of both parties have been known to live mostly in New York City but legally vote from their summer homes because they feel their vote may matter more in a smaller community.
So when residencies are challenged, those seeking to disqualify an opponent might delve into their utility bills, driver's licenses, rent and mortgage payments, neighborhood sightings, home furnishings, and tax payments to make a case.
The Assembly Democrats’ recent probe of new Brooklyn Assemb. Lester Chang’s qualifications involved his rent-controlled Manhattan apartment. Presuming he lives in Brooklyn as required, is Chang’s downtown rental arrangement legit? That’s been referred to the state attorney general’s office while Chang begins to represent his Bensonhurst district.
Rep. George Santos has made himself an extreme example of questionable qualifications. His voting addresses past and present are under scrutiny, but potential voter fraud is a separate matter best explored by the Queens district attorney. As to serving in Congress, you need only to have been a citizen for seven years and an inhabitant of the state upon election.
Past tales are told of Queens lawmakers keeping houses in Nassau and Suffolk counties, Bronx lawmakers spending much time in Westchester, and even officials supporting second families near Albany and Washington. And in 2021, the question was left hazy as to whether Eric Adams lived part-time in New Jersey before winning the New York City mayoral race.
Lawmakers should have long ago begun to wrestle with the rules of residence. But as with redistricting, systemic reform must come from the legislators themselves, who are interested parties. They should try to make clear what proof is needed to determine residency and require documentation, under the penalty of perjury. The public should know where its representatives are coming from.
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