NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2333
SPONSOR: Hawley TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 5 of the constitution, relating to the filling of vacancies
in the offices of comptroller and attorney-general
PURPOSE OR GENERAL IDEA OF BILL:
Provides for procedure in filling vacancies in the offices of comp-
troller and attorney-general.
SUMMARY OF PROVISIONS:
Section 1. Provides that section 1 of article 5 of the constitution be
amended by removing the provision stating that, "No election of a comp-
troller or an attorney-general shall be had except at the time of elect-
ing a governor," and inserting the provision that legislative appoint-
ments to fill these offices will only last until the next general
election, provided it is at least three months in the future. At this
time, an election will be held for the office, the winner of which will
serve out the remainder of the term. An additional sentence is also
added declaring that, "In case the_ comptroller-elect or attorney gener-
al-elect shall decline to serve or shall die, the legislature shall
provide for filling the vacancy until the next general election."
Section 2. Provides that the proposed amendment be referred to the first
regular legislative session convening after the next succeeding general
election of members of the assembly, and be published for three months
previous to the time of such election in accordance with section 1 of
article 19 of the constitution.
JUSTIFICATION:
As the constitution currently reads, the legislature has the authority
to fill vacancies in these offices for up to their full four year terms
without the voters of the state having the opportunity to approve of the
new office-holder via their vote in an election. For the legislature to
have the power to fill vacancies in these offices for their full four
year terms without the consent of the voters being taken into account
demonstrates a lack of direct democratic participation in this process
that should be corrected. With this amendment, the power to fill these
influential offices will be returned to the voters of the state.
PRIOR LEGISLATIVE HISTORY:
02/18/22 - A6297 opinion referred to judiciary
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect upon amendment of the constitution pursuant
to its provisions.
STATE OF NEW YORK
________________________________________________________________________
2333
2025-2026 Regular Sessions
IN ASSEMBLY
January 16, 2025
___________
Introduced by M. of A. HAWLEY -- read once and referred to the Committee
on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 5 of the constitution, relating to the
filling of vacancies in the offices of comptroller and attorney-gener-
al
1 Section 1. Resolved (if the Senate concur), That section 1 of article
2 5 of the constitution be amended to read as follows:
3 Section 1. The comptroller and attorney-general shall be chosen at the
4 same general election as the governor and hold office for the same term,
5 and shall possess the qualifications provided in section 2 of article
6 IV. The legislature shall provide for filling vacancies in the office of
7 comptroller and of attorney-general until the next general election
8 happening not less than three months after the office shall have become
9 vacant, at which time a comptroller or attorney-general shall be elected
10 to serve the remainder of the term. [No election of a comptroller or an
11 attorney-general shall be had except at the time of electing a gover-
12 nor.] In case the comptroller-elect or attorney-general-elect shall
13 decline to serve or shall die, the legislature shall provide for filling
14 the vacancy until the next general election. The comptroller shall be
15 required: (1) to audit all vouchers before payment and all official
16 accounts; (2) to audit the accrual and collection of all revenues and
17 receipts; and (3) to prescribe such methods of accounting as are neces-
18 sary for the performance of the foregoing duties. The payment of any
19 money of the state, or of any money under its control, or the refund of
20 any money paid to the state, except upon audit by the comptroller, shall
21 be void, and may be restrained upon the suit of any taxpayer with the
22 consent of the supreme court in appellate division on notice to the
23 attorney-general. In such respect the legislature shall define the
24 powers and duties and may also assign to [him or her] the comptroller:
25 (1) supervision of the accounts of any political subdivision of the
26 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.
LBD89028-01-5
A. 2333 2
1 assessment and taxation of real estate, including determination of
2 ratios which the assessed valuation of taxable real property bears to
3 the full valuation thereof, but not including any of those powers and
4 duties reserved to officers of a county, city, town or village by virtue
5 of [sections seven and eight of] article nine of this constitution. The
6 legislature shall assign to [him or her] the comptroller no administra-
7 tive duties, excepting such as may be incidental to the performance of
8 these functions, any other provision of this constitution to the contra-
9 ry notwithstanding.
10 § 2. Resolved (if the Senate concur), That the foregoing amendment be
11 referred to the first regular legislative session convening after the
12 next succeeding general election of members of the assembly, and, in
13 conformity with section 1 of article 19 of the constitution, be
14 published for 3 months previous to the time of such election.
