What's happening
This bill proposes a constitutional amendment allowing the governor to appoint a temporary comptroller or attorney-general when a vacancy occurs, pending a special or next general election.
Why it matters
Shifts immediate power to the governor. By granting the governor authority to appoint a temporary comptroller or attorney-general, the amendment centralizes decision-making during vacancies in two of the state’s most critical oversight roles, potentially impacting checks and balances.
Accelerates filling vacancies. This process ensures that the offices of comptroller and attorney-general remain continuously filled, which is important for maintaining uninterrupted financial oversight and legal representation for the state.
Limits legislative influence. Previously, the legislature determined how these vacancies were filled; this amendment removes that power, reducing legislative input and possibly increasing the executive branch's influence over key state positions.
Mandates timely elections for legitimacy. The amendment guarantees that any appointee must stand for election at the next general or special election, allowing voters to weigh in relatively quickly and preserving a democratic check on the governor’s appointment.
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Who cares
Governor
The proposed constitutional amendment would give the governor authority to appoint a replacement comptroller or attorney general after a midterm vacancy, with the appointee serving until the next general election.
State legislators
The amendment would remove the constitutional provision directing the Legislature to provide for filling vacancies in the two offices.
New York voters
Voters would elect a replacement at the next general election, even when no governor is being elected, to serve the remainder of the term.
Headline styles
Governor Fills Key Vacancies
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4321
2017-2018 Regular Sessions
IN SENATE
February 9, 2017
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 5 of the constitution, in relation to providing for the governor to fill a vacancy of the office of the comptroller and attorney-general
Section 1. Resolved (if the Assembly concur), That section 1 of article 5 of the constitution be amended to read as follows:
Section 1. 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.] If a vacancy shall occur during a term of such offices, otherwise than by expiration of term, the governor shall appoint a person to execute the duties of the office of the comptroller or attorney-general, as the case may be, and such person shall serve until the next general election. If such next general election is at a time other than the time of electing a governor, an election shall be held at such time and shall be to fill the residue of the term until the next general election where a governor shall be elected. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89063-01-7
S. 4321 2
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 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 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 the governor to fill a vacancy of the office of the comptroller and attorney-general
Purpose or general idea of bill
To provide the New York state voters with the opportunity to select a comptroller or attorney general if a vacancy occurs in either one of these offices in the middle of the four year term by allowing the governor to make the interim appointment and then providing for the office to be filled by the voters at the very next general election in November after the interim appointment is made.
Summary of specific provisions
This bill amends Article V, section 1 of the New York State Constitution to stipulate that if a vacancy occurs in the offices of either the State Comptroller or Attorney General during their four year term, then the governor shall make an interim appointment with such person only serving in the office until the very next general election. The person elected at such general election would then serve the remainder of the term with the office next up for election when the governor's office is next up for election.
Effects of present law which this bill would alter
Removes the power to appoint a person to fill the unexpired term in the offices of either Comptroller or Attorney General from the Legislature and provides for such office to be filled for the remainder of the unexpired term by a statewide vote at the next general election with the Governor appointing an interim Comptroller/Attorney General until that general election.
Justification
The Comptroller and the Attorney General are one of four statewide elected offices. Given the extremely high importance of such offices and their prominence, it does not seem appropriate to allow the Legislature to choose a person to fill such office for the entire unexpired term (which could be as long as almost four full years). This measure recognizes that the people are the ultimate source of authority for all statewide elected offices by having the Governor select a person to serve as either Comptroller or Attorney General for only that time up to the next general election held after the Governor's interim appointment.
This should make the process of choosing a successor to the office of Comptroller or Attorney General much more open, inclusive and democratic by having it decided at the ballot box rather than behind closed doors.
Prior legislative history
New Bill
Fiscal implications for state and local governments
Possibly a slight increased administrative cost for the general election but this should be minimized by the fact that other candidates will be on the ballot.
Effective date
Upon approval by two separately elected State Legislatures and approval by the voters in a referendum.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.