What's happening
This bill requires vacancies for New York State Comptroller or Attorney-General to be filled by special election rather than legislative appointment.
Why it matters
Shifts power from the legislature to voters. By requiring special elections instead of legislative appointments, this bill gives the public a direct role in choosing replacements for two of New York’s most powerful statewide offices, increasing democratic legitimacy and accountability.
Establishes clear interim leadership. Specifies that, during a vacancy, the first deputy comptroller or solicitor general will serve as acting comptroller or attorney-general, ensuring continuity of government and limiting the governor’s ability to appoint a political ally as interim.
Limits special elections close to regular cycles. If a vacancy occurs in the same year as the regular election for the office, no special election is held; the acting official finishes the term, reducing the cost and disruption of frequent elections.
Coordinates with a constitutional amendment. The bill’s effectiveness depends on a related constitutional change, signaling a significant alteration in how New York’s government functions and underscoring the importance of both legislative and constitutional processes for structural reforms.
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Who cares
Headline styles
Special Elections for Vacancies
Plain English, a few words. Used as the page title.
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History
- Held for consideration in governmental operations
- Referred to governmental operations
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5913
2019-2020 Regular Sessions
IN ASSEMBLY
February 20, 2019
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to vacancies in the office of comptroller or attorney-general
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 41 of the public officers law, as amended by chapter 91 of the laws of 1928, is amended to read as follows:
§ 41. Vacancies [filled by legislature] in the office of comptroller or attorney-general. 1. When a vacancy occurs or exists[, other than by removal,] in the office of comptroller or attorney-general, [or a resignation of either such officer to take effect at any future day shall have been made while the legislature is in session, the two houses thereof, by joint ballot, shall appoint a person to fill such actual or prospective vacancy] the governor shall, within sixty days of such vacancy occurring, set the date for a special election to fill such office. The date set for the special election shall be no sooner than forty-five days or later than sixty days from the proclamation of the governor establishing the election to fill the vacancy in the office of the comptroller or attorney-general. Provided, however, that if a vacancy in the office of comptroller or attorney-general occurs in the same calendar year as the next regularly scheduled general election at which the comptroller and attorney-general are to be chosen, no special election shall be called.
2. a. In the event a vacancy occurs in the office of the comptroller, the first deputy comptroller shall exercise the powers and duties of the office of the comptroller until such time as a special election is held to elect a new comptroller. In the event a vacancy occurs in the office of the comptroller in the same calendar year as the next regularly scheduled general election at which such office is up for election, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09946-01-9
A. 5913 2
powers and duties of the office of the comptroller shall be exercised by the first deputy comptroller for the remaining unexpired term of office.
b. In the event a vacancy occurs in the office of the attorney-general, the solicitor general shall exercise the powers and duties of the office of the attorney-general until such time as a special election is held to elect a new attorney-general. In the event a vacancy occurs in the office of the attorney-general in the same calendar year as the next regularly scheduled general election at which such office is up for election, the powers and duties of the office of the attorney-general shall be exercised by the solicitor general for the remaining unexpired term of office.
§ 2. This act shall take effect on the same date as a "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 5 of the constitution, in relation to filling vacancies in the office of comptroller or attorney-general" takes effect.
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.