What's happening
This bill proposes constitutional amendments to establish term limits for New York's governor, comptroller, attorney general, and state legislators.
Why it matters
Prevents long-term consolidation of power. by capping the number of terms any one person can serve as governor, comptroller, attorney general, or state legislator. This is intended to promote political turnover and reduce the risks of entrenched incumbency.
Grandfathers in current officeholders. , meaning those already serving in these positions when the amendment takes effect are not subject to the new term limits until after their current terms end. This could affect the immediate impact of the law and provide continuity during the transition.
Standardizes legislative terms to four years. (from two), aligning both Senate and Assembly terms, which could lead to less frequent election cycles, potentially reducing campaign costs and legislative instability, but also lengthening the time between opportunities for voter accountability.
Clarifies succession in the executive branch. , ensuring that if a term-limited governor is in the line of succession, they are skipped in favor of the next eligible person, preventing circumvention of term limits through succession.
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Who cares
Headline styles
Limit Terms for State Officials
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8405
IN SENATE
May 4, 2018
Introduced by Sen. GRIFFO -- 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 4 of the constitution, in relation to term limits for the office of governor; proposing an amendment to section 1 of article 5 of the constitution, in relation to term limits for the offices of comptroller and attorney-general; and proposing an amendment to section 2 of article 3 of the constitution, in relation to limiting the terms of office as a member of the legislature any person may serve
Section 1. Resolved (if the Assembly concur), That section 1 of article 4 of the constitution be amended to read as follows:
Section 1. The executive power shall be vested in the governor, who shall hold office for four years; the lieutenant-governor shall be chosen at the same time, and for the same term. The governor and lieutenant-governor shall be chosen at the general election held in the year nineteen hundred thirty-eight, and each fourth year thereafter. They shall be chosen jointly, by the casting by each voter of a single vote applicable to both offices, and the legislature by law shall provide for making such choice in such manner. The respective persons having the highest number of votes cast jointly for them for governor and lieutenant-governor respectively shall be elected. No person shall be elected to the office of the governor more than two times, and no person who has held the office of governor or acted as governor for more than two years of a term to which another person was elected governor shall be elected to more than one additional term. The limitation on the terms of office that any person can be elected to the office of governor shall not apply to any person holding the office of governor on the effective date of this provision. Provided, further, that a person who has been elected two times to the office of governor and who is in the line of succession to such office, pursuant to section six of this article, shall be passed over in the line of succession and the next person in the line of succession shall act as governor.
§ 2. Resolved (if the Assembly concur), That section 1 of article 5 of the constitution be amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89142-03-8
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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. No person shall be elected to the office of comptroller or attorney-general more than two times, and no person who has held the office of comptroller or attorney-general, or acted as comptroller or attorney-general for more than two years of a term to which another person was elected comptroller or attorney-general shall be elected to more than one additional term. The limitation on the terms of office that any person can be elected to the office of comptroller or attorney-general shall not apply to any person holding the office of comptroller or attorney-general on the effective date of this provision. 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 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] section one of article nine and section thirteen of article thirteen 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.
§ 3. Resolved (if the Assembly concur), That section 2 of article 3 of the constitution be amended to read as follows:
§ 2. The senate shall consist of [fifty] sixty-three members, except as hereinafter provided. The senators [elected in the year one thousand eight hundred and ninety-five shall hold their offices for three years, and their successors shall be chosen] shall be elected for two years until the year two thousand twenty-two; senators elected in the year two thousand twenty-two and in all subsequent years shall be elected for four years. The assembly shall consist of one hundred and fifty members. The assembly members [elected in the year one thousand nine hundred and thirty-eight, and their successors, shall be chosen] shall be elected for two years until the year two thousand twenty-two; assembly members elected in the year two thousand twenty-two and in all subsequent years shall be elected for four years.
No person elected as a member of the senate or as a member of the assembly in the year two thousand twenty-two and in all subsequent years shall serve as a member of the legislature for more than three four year terms, whether such service is as a senator, as an assembly member, or terms as a senator and an assembly member combined; provided that any partial term of office held as a member of the legislature prior to the
S. 8405 3
election to a four year term shall not be used to calculate any term limitation imposed pursuant to this paragraph.
§ 4. Resolved (if the Assembly concur), That the foregoing 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 4 of the constitution, in relation to term limits for the office of governor; proposing an amend- ment to section 1 of article 5 of the constitution, in relation to term limits for the offices of comptroller and attorney-general; and propos- ing an amendment to section 2 of article 3 of the constitution, in relation to limiting the terms of office as a member of the legislature any person may serve
Purpose
This concurrent resolution amends the constitution to impose term limits on the governor, comptroller, attorney-general, and members of the legislature.
Summary of provisions
Section 1 provides a two-term, or eight-year, limit, on the governor.
Section 2 provides a two-term, or eight-year, limit, on the comptroller and the attorney general.
Section 3 provides for four-year terms in the Senate and the Assembly, starting in 2022. It also provides a three-term, or twelve-year, limit on members of the legislature.
Justification
This proposal would restore New York's collective confidence in the executive and legislative branches of state government by ensuring that statewide offices and legislative seats are periodically updated with new officeholders and members. Term limits will demonstrate to voters that new ideas will be brought to Albany by a required change in admin- istrations.
Legislative history
New proposal.
Fiscal implications
None.
Effective date
Upon passage of two separately elected Legislatures and approval by the voters after such passage.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.