What's happening
This bill proposes a constitutional amendment to require special elections to fill vacancies for New York State comptroller and attorney general.
Why it matters
Increases voter input and accountability. By requiring special elections for vacancies in the offices of comptroller and attorney general, the amendment ensures that these important statewide positions are filled by officials directly chosen by the public, rather than by appointment or legislative selection.
Reduces potential for partisan or political maneuvering. The removal of legislative authority to fill these vacancies can limit opportunities for backroom deals or partisan appointments, promoting a more transparent and democratic process.
Could impact continuity and stability in state financial oversight and legal matters. Special elections may result in periods where these critical offices are unfilled or led by temporary appointees, potentially affecting the state’s financial audits, legal decisions, and other essential functions during transitions.
Changes the balance of power between the legislature and the electorate. By shifting the power to fill these offices from the legislature to the voters, this amendment enhances democratic control but may also introduce new political dynamics, such as increased campaign costs and election cycles.
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Headline styles
Special Elections for Vacancies
Plain English, a few words. Used as the page title.
Sponsors
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to governmental operations
- Opinion referred to judiciary
- To attorney-general for opinion
- 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.
Special Elections for Vacant Offices
In Senate Committee · Judiciary · Sponsor Joseph A. Griffo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
394
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BENEDET- TO, COLTON, CUSICK, GALEF, GOTTFRIED, GUNTHER, JAFFEE, LUPARDO, PAULIN, PEOPLES-STOKES, RAIA, L. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89012-01-9
A. 394 2
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 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.