Provides for procedure in filling vacancies in the offices of comptroller and attorney-general

BILL NUMBER:S509

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 5 of the constitution, relating to the filling of vacancies in the offices of comptroller and attorney-general

Purpose or general idea of bill

Provides for procedure in filling vacancies in the offices of comptroller and attorney-general.

Summary of specific provisions

Section 1. Provides that section 1 of article 5 of the constitution be amended by removing the provision stating that, "No election of a comptroller or an attorney-general shall be had except at the time of electing a governor," and inserting the provision that legislative appointments to fill these offices will only last until the next general election, provided it is at least three months in the future. At this time, an election will be held for the office, the winner of which will serve out the remainder of the term. An additional sentence is also added declaring that, "In case the comptroller-elect or attorney general-elect shall decline to serve or shall die, the legislature shall provide for filling the vacancy until the next general election."

Section 2. Provides that the proposed amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and be published for three months previous to the time of such election in accordance with section 1 of article 19 of the constitution.

Justification

As the constitution currently reads, the legislature has the authority to fill vacancies in these offices for up to their full four year terms without the voters 0..: the state having the opportunity to approve of the new office-holder via their vote in an election. For the legislature to have the power to fill vacancies in these offices for their full four year terms without the consent of the voters being taken into account demonstrates a lack of direct democratic participation in this process that should be corrected. With this amendment, the power to fill these influential offices will be returned to the voters of the state.

Prior legislative history

2008: A.11113 05/16/2008 referred to judiciary 05/19/2008 to attorney-general for opinion 06/12/2008 opinion referred to judiciary 2009-2010: S.6127 opinion referred to judiciary

Fiscal implications

None.

Effective date

Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening

after the next succeeding general election of members of the Assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.