What's happening
This bill proposes a constitutional amendment requiring special elections to fill vacancies for New York State comptroller or attorney general.
Why it matters
Reduces legislative appointment power. By requiring a special election for vacancies, the bill limits the legislature’s ability to fill these high offices via appointment, increasing direct voter influence over who serves as comptroller or attorney general.
Could impact political balance. Special elections often have different turnout patterns than general elections, potentially affecting which party or type of candidate wins these offices in the event of a vacancy.
Increases public accountability. The change ensures that whoever fills a vacancy in these critical statewide roles is selected by the public, not just by elected officials, which could improve transparency and public trust.
Logistical and fiscal implications. Mandating special elections for these positions may require additional election administration resources and funding, particularly if vacancies occur out of sync with regular election cycles.
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Who cares
Headline styles
Special Elections for Vacant Offices
Plain English, a few words. Used as the page title.
Sponsors
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
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 Vacancies
In Assembly Committee · Judiciary · Sponsor Kevin Cahill
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2012
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sens. GRIFFO, LANZA, LAVALLE, RANZENHOFER -- 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 special elections to fill the offices of 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] 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 ratios which the assessed valuation of taxable real property bears to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89012-01-9
S. 2012 2
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 special elections to fill the offices of comptroller and attorney general
Purpose
To provide for special elections to be held to fill vacancies in the offices of the Comptroller and Attorney General.
Summary of provisions
The bill amends section 1, article 5 of the constitution to establish that when a vacancy occurs during the term of the comptroller or attor- ney general, a special election shall be conducted to fill such office.
Justification
The State Comptroller oversees the state's $176.8 billion pension fund and is responsible for hundreds of yearly audits of cities, towns, school districts and other government agencies. He or she is responsible for ensuring that tax dollars are spent prudently and productively. The Attorney General is the state's chief legal officer. The State Comp- troller and the Attorney General are both representatives of the people of the state and as such should always be elected by the people even in cases of vacancies. Enactment of this measure will ensure these officers are chosen by the people of the state and not the Legislature.
Legislative history
2017-18 - S. 1230 - Judiciary Committee/A. 1329 - Judiciary Committee 2015-16 - S. 2271 - Judiciary Committee/A. 1705 - Judiciary Committee
Fiscal implications
Costs associated with conducting a statewide election.
Effective date
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.