Provides for special elections for the offices of comptroller and attorney general for vacancies during a term.

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S1969-2013 Actions

• Feb 6, 2013: OPINION REFERRED TO JUDICIARY
• Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
• Jan 9, 2013: REFERRED TO JUDICIARY

S1969-2013 Memo

BILL NUMBER:S1969

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
attorney general, a special election shall be conducted to fill such
office.

JUSTIFICATION:
The State Comptroller oversees the state's $150.6 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 Comptroller 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:
2011-12 S. 3266/A. 4348 - 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.

S1969-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1969

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sens. GRIFFO, DeFRANCISCO, LARKIN, LAVALLE -- 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 arti-
  cle 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  comp-
  troller  and  of  attorney-general.  No  election of a comptroller or an
  attorney-general shall be had except at the time of  electing  a  gover-
  nor.]  WHERE A VACANCY OCCURS DURING A TERM OF THE COMPTROLLER OR ATTOR-
  NEY 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 meth-
  ods  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 divi-
  sion  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD89044-01-3

 S. 1969                             2

  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 constitu-
  tion]. 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.
    S  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.