Provides for a special election, at the discretion of the governor, to fill vacancies in the office of comptroller and attorney-general.
TITLE OF BILL: An act to amend the public officers law, in relation to vacancies in the office of comptroller or 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 the public officers law to provide that when a vacancy occurs during the term of the comptroller or attorney general or united states senator, the governor may make a proclamation calling for a special election to fill such office. The special election shall be held not less than forty five nor more than sixty days from the date of the proclamation.
JUSTIFICATION: The State Comptroller oversees the state's $145.7 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, Attorney General and United States Senator are all 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. 4113 - Rules Committee/A. 4350 Governmental Operations.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the same date as a concurrent resolution entitled "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", takes effect.
STATE OF NEW YORK ________________________________________________________________________ 3008 2013-2014 Regular Sessions IN SENATE January 28, 2013 ___________Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment 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 ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 41 of the public officers law, as amended by chap- ter 91 of the laws of 1928, is amended to read as follows: S 41. Vacancies
[filled by legislature]IN THE OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL. When a vacancy occurs or exists [, other than by removal,]in the office of comptroller or attorney-general, [or a resig- nation of either such officer to take effect at any future day shall have been made while the legislature is in session, the two houses ther- eof, by joint ballot, shall appoint a person to fill such actual or prospective vacancy]THE GOVERNOR MAY IN HIS OR HER DISCRETION MAKE PROCLAMATION OF A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE DATE OF SUCH ELECTION, WHICH SHALL BE NOT LESS THAN FORTY-FIVE NOR MORE THAN SIXTY DAYS FROM THE DATE OF THE PROCLAMATION. S 2. Subdivision 4-a of section 42 of the public officers law, as amended by chapter 373 of the laws of 1978, is amended to read as follows: 4-a. If a vacancy occurs in the office of United States senator from this state [in any even numbered calendar year on or after the fifty- ninth day prior to the annual primary election, or thereafter during said even numbered year, the governor shall make a temporary appointment to fill such vacancy until the third day of January in the year follow- ing the next even numbered calendar year. If such vacancy occurs in any even numbered calendar year on or before the sixtieth day prior to an annual primary election, the governor shall make a temporary appointment to fill such vacancy until the third day of January in the next calendar, the GOVERNOR MAY IN HIS OR HER DISCRETION, MAKE PROCLAMA- TION OF A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE DATE OF SUCH ELECTION, WHICH SHALL NOT BE LESS THAN FORTY-FIVE NOR MORE THAN SIXTY DAYS FROM THE DATE OF SUCH PROCLAMATION. THE governor shall issue and file in the office of the state board of elections a writ of election directing the election of a United States senator to fill such vacancy for the unexpired term at the general election next preceding the expiration for the term of suchEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03781-01-3 S. 3008 2
year. If a vacancy occurs in the office of United States senator from this state in any odd numbered calendar year, the governor shall make a temporary appointment to fill such vacancy until the third day of Janu- ary in the next odd numbered calendar year. Such an appointment shall be evidenced by a certificate of the governor which shall be filed in the office of the state board of elections. At the time for filing such certificate]
[appointment]SPECIAL ELECTION. S 3. This act shall take effect on the same date as a concurrent resolution entitled "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 comp- troller and attorney-general", takes effect.