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S09610 Summary:

BILL NO	S09610
SAME AS	No Same As
SPONSOR	LANZA
COSPNSR
MLTSPNSR
Amd Art 13 §13, Constn
Requires that county clerks and sheriffs in the city of New York be elected instead of appointed.

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S09610 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9610
 
                    IN SENATE
 
                                     March 30, 2026
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- 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 article 13 of the constitution, in relation to
          requiring county clerks and sheriffs  in  the  city  of  New  York  be
          elected

     1    Section  1.  Resolved  (if the Assembly concur), That paragraph (a) of
     2  section 13 of article 13 of the  constitution  be  amended  to  read  as
     3  follows:
     4    (a) Except [in counties in the city of New York and except] as author-
     5  ized  in  section one of article nine of this constitution, registers in
     6  counties having registers shall be chosen by the electors of the respec-
     7  tive counties once in every three years and whenever  the  occurring  of
     8  vacancies  shall require; the sheriff and the clerk of each county shall
     9  be chosen by the electors once in every  three  or  four  years  as  the
    10  legislature shall direct. Sheriffs shall hold no other office.  They may
    11  be  required  by  law to renew their security, from time to time; and in
    12  default of giving such new  security,  their  offices  shall  be  deemed
    13  vacant.  The  governor  may  remove  any elective sheriff, county clerk,
    14  district attorney or register within the term for which [he or she] such
    15  officer shall have been elected; but before so doing the governor  shall
    16  give  to  such  officer  a copy of the charges against [him or her] such
    17  officer and an opportunity of being heard in [his or her] their defense.
    18  In each county a district attorney shall be chosen by the electors  once
    19  in  every three or four years as the legislature shall direct. The clerk
    20  of each county in the city of New  York  shall  [be  appointed,  and  be
    21  subject  to  removal,  by the appellate division of the supreme court in
    22  the judicial department in which the county is located. In], in addition
    23  to [his or her] such clerk's powers and duties as clerk of  the  supreme
    24  court,  [he or she] shall have power to select, draw, summon and empanel
    25  grand and petit jurors in the manner and under  the  conditions  now  or
    26  hereafter prescribed by law, and shall have such other powers and duties
    27  as shall be prescribed by the city from time to time by local law.
    28    §  2.  Resolved (if the Assembly concur), That the foregoing amendment
    29  be referred to the first regular legislative session convening after the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89139-01-6
        S. 9610                             2

     1  next succeeding general election of members of  the  assembly,  and,  in
     2  conformity  with  section  1  of  article  19  of  the  constitution, be
     3  published for 3 months previous to the time of such election.

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