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A1329Assembly2017-2018 SessionSame asS1230

Special Elections for Vacancies

Official title

“Provides for special elections for the offices of comptroller and attorney general for vacancies during a term”

Sponsor Kevin CahillAD-103Affects Legal
Status
In Assembly Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill proposes a constitutional amendment requiring special elections to fill vacancies for New York State comptroller and attorney general.

Why it matters

  1. Shifts decision-making power from the legislature to voters. by mandating special elections, which means the public—not just state lawmakers—will directly choose replacements for comptroller or attorney general vacancies.

  2. Could increase accountability and legitimacy. for these key statewide offices, since interim appointments or legislative selections would be replaced by officials chosen through a democratic vote.

  3. May create more frequent and potentially costly elections. if vacancies occur mid-term, impacting state budgets and administrative planning.

  4. Reduces political maneuvering in filling important oversight roles. , as special elections limit the ability of any one party or coalition in the legislature to unilaterally appoint someone to these influential positions.

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Headline styles

Special Elections for Vacancies

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Opinion referred to judiciary
  2. To attorney-general for opinion
  3. Referred to governmental operations
  4. Opinion referred to judiciary
  5. To attorney-general for opinion
  6. Referred to governmental operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S1230Senate

Special Elections for Vacancies

In Senate Committee · Judiciary · Sponsor Joseph A. Griffo

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1329

2017-2018 Regular Sessions

IN ASSEMBLY

January 11, 2017

Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BENEDET- TO, COLTON, CUSICK, GALEF, GOTTFRIED, GUNTHER, JAFFEE, KAVANAGH, LOPEZ, LUPARDO, MAGEE, PAULIN, PEOPLES-STOKES, RAIA, ROSENTHAL, THIELE -- read once and referred to the Committee on Governmental Operations

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

Section 1. Resolved (if the Senate concur), That section 1 of article 5 of the constitution be amended to read as follows:

Section 1. [The] Except as otherwise provided in this section, the comptroller and attorney-general shall be chosen at the same general election as the governor and hold office for the same term, and shall possess the qualifications provided in section 2 of article IV. [The legislature shall provide for filling vacancies in the office of comptroller and of attorney-general. No election of a comptroller or an attorney-general shall be had except at the time of electing a governor.] Where a vacancy occurs during a term of the comptroller or attorney general a special election shall be conducted to fill such office. The comptroller shall be required: (1) to audit all vouchers before payment and all official accounts; (2) to audit the accrual and collection of all revenues and receipts; and (3) to prescribe such methods of accounting as are necessary for the performance of the foregoing duties. The payment of any money of the state, or of any money under its control, or the refund of any money paid to the state, except upon audit by the comptroller, shall be void, and may be restrained upon the suit of any taxpayer with the consent of the supreme court in appellate division on notice to the attorney-general. In such respect the legislature shall define the powers and duties and may also assign to him or her: (1) supervision of the accounts of any political subdivision of the state; and (2) powers and duties pertaining to or connected with the assessment and taxation of real estate, including determination of

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD89027-01-7

A. 1329 2

ratios which the assessed valuation of taxable real property bears to the full valuation thereof, but not including any of those powers and duties reserved to officers of a county, city, town or village [by virtue of sections seven and eight of article nine of this constitution]. The legislature shall assign to him or her no administrative duties, excepting such as may be incidental to the performance of these functions, any other provision of this constitution to the contrary notwithstanding.

§ 2. Resolved (if the Senate 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.