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Provision Requiring Nonincumbents to Reside in District Does Not Violate Equal Protection

The Second Department determined that a charter provision requiring nonincumbents (here, Shapiro) to reside in the legislative district at the time of their nomination for the county legislature does not violate the equal protection clause:

Shapiro contends that the residency requirement for nominees as set forth in the Charter is unconstitutional and, thus, he should not have been disqualified. In particular, Shapiro challenges § 112(3) of the Charter, which grants incumbents one year to move into a newly drawn district following a “readjustment or alteration of the county legislative district.” Shapiro argues that the Charter, in requiring nonincumbents to reside in the legislative district at the time of their nomination, does not afford nonincumbents the same opportunity. “Legislative enactments enjoy a strong presumption of constitutionality . . . [and] parties challenging a duly enacted statute face the initial burden of demonstrating the statute’s invalidity beyond a reasonable doubt'”… . Based on the record before us, Shapiro failed to meet his initial burden of demonstrating beyond a reasonable doubt that the Charter’s residency provisions violated the Equal Protection Clauses of the United States Constitution (US Const, 14th Amend, § 1) or the New York Constitution (NY Const, art I, § 11). Matter of Becker v Shapiro, 2013 NY Slip Op 06679, 2nd Dept 10-16-13

 

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