The candidacy of Kristy Sprague for Essex County District Attorney is legit, according to the state board of elections.
State Board of Elections Director of Public Information John Conklin said New York State Public Officer's Law dictates that a district attorney must be a resident of the county on the date of the general election -- but not necessarily before.
"We've always interpreted that (the law) as Election Day," Conklin said. "So, if a person is a resident by Election Day, we consider that kosher."
Sprague told WNBZ she intends on moving before the November 3 general election.
"It's been in the works," she said. "We are looking for a school district to accommodate both of our children, one is going into second grade and the other is going into preschool."
Conklin says some offices have more restrictive requirements - but not the seat of District Attorney.
"There are some offices where there are more specific provisions that are laid out in the constitution like Senator or Governor or the House of Representatives," Conklin said. "But, the DA falls into this part of the public officer's law."
The issue of Sprague's residency arose this week as supporters of Essex County DA Julie Garcia filed a lawsuit claiming that Sprague - currently an Assistant DA in Clinton County - was ineligible to run for the Essex County seat because she is not a resident of the county.
The race for Essex County DA is starting to heat up, after the local Republican Party shunned incumbent Garcia, choosing instead to endorse Sprague.
Garcia is currently on the Democratic line, but plans to run against Sprague in the September Republican primary.
The two candidates are set to face-off in a debate on Thursday, Aug. 27 at 6 p.m. at the Elizabethtown-Lewis Central School.