Provides for an election to fill vacancy in the offices of state comptroller and attorney-general

1 Co-sponsor

• George D. Maziarz

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 5 of the constitution, in relation to providing for elections to fill vacancies in the offices of comptroller and attorney general

Purpose

This resolution, if adopted in conformity with section 1 of Article 19 of the New York State Constitution by the legislature and approved by New York voters, would mandate that if a vacancy should occur in the office of Comptroller or Attorney General one hundred twenty days or more before a general election of the legislature which is also not a general election for Governor, then the vacancy be filled for the remainder of the prior office holder's term at such general election of the legislature.

Summary of provisions

Section 1 amends section 1 of Article 5 of the New York State Constitution to require that if a vacancy in the office of Comptroller or Attorney General occurs one hundred twenty days or more before a general election of the legislature that is not also a general election for the Governor, then the remaining term for that office must be filled at that general election of the legislature.

Section 2 provides that should the resolution be adopted by each house of the legislature, that it be published for three months before the next general election of the legislature, and be referred to that succeeding session of the legislature for consideration in conformity with Article 19 of the New York State Constitution.

Discussion

The amendment would not alter the general constitutional mandate that: (1) elections to the offices of Comptroller and Attorney General be held at the same time as the election of the Governor: (2) all three offices serve for the same term: and (3) the legislature is charged with determining how vacancies for each office should be filled. The amendment, however, would mandate an exception to the general rule when a vacancy in the offices of Comptroller or Attorney General occurs one hundred-twenty days or more before the general election of members of the legislature so that a vacancy occurring under such circumstances could be temporarily filled by the legislature until a general election to the legislature at which time a successor would be selected by popular vote. take office upon election, and serve the remainder of the term of the person who vacated the office.

The one hundred twenty day period ensures that a statewide primary election and meaningful campaign for office be conducted before the general election to fill a vacancy. Such a consideration of candidates and issues on a broad, statewide scale over an extended period of time is vital to ensuring that the electorate is informed. There currently are no other provisions under the New York State Constitution or Election Law to provide for a special election to fill such offices upon the occurrence of a vacancy.

Rationale for the change

If adopted, this amendment would increase popular participation in the selection of statewide officers when a vacancy occurs during a term of office. CONCLUSION :

This constitutional amendment if adopted. will further increase public input into the selection of two statewide elected offices. thereby strengthening the integrity of these two offices.

The Comptroller urges adoption of this resolution.