Relates to filling vacancies in the office of comptroller or attorney-general, providing for special elections to fill such positions for the remainder of the term.
STATE OF NEW YORK
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5898
2019-2020 Regular Sessions
IN ASSEMBLY
February 20, 2019
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Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Governmental Operations
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 1 of article 5 of the constitution, in
relation to filling vacancies in the office of comptroller or attor-
ney-general
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
7 of comptroller and of attorney-general. No election of a comptroller or
8 an attorney-general shall be had except at the time of electing a gover-
9 nor] In the event a vacancy shall occur in the office of comptroller or
10 attorney-general prior to the expiration of the term thereof, a special
11 election shall be called by the governor to fill the vacancy for the
12 remainder of the term. Provided, however, if the vacancy occurs in the
13 office of the comptroller or attorney-general within the same calendar
14 year as the next general election at which such officers are to be
15 chosen, no special election shall be called and the offices shall be
16 filled for the remainder of the unexpired term as provided by the legis-
17 lature. The comptroller shall be required: (1) to audit all vouchers
18 before payment and all official accounts; (2) to audit the accrual and
19 collection of all revenues and receipts; and (3) to prescribe such meth-
20 ods of accounting as are necessary for the performance of the foregoing
21 duties. The payment of any money of the state, or of any money under its
22 control, or the refund of any money paid to the state, except upon audit
23 by the comptroller, shall be void, and may be restrained upon the suit
24 of any taxpayer with the consent of the supreme court in appellate divi-
25 sion on notice to the attorney-general. In such respect the legislature
26 shall define the powers and duties and may also assign to him or her:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89114-01-9
A. 5898 2
1 (1) supervision of the accounts of any political subdivision of the
2 state; and (2) powers and duties pertaining to or connected with the
3 assessment and taxation of real estate, including determination of
4 ratios which the assessed valuation of taxable real property bears to
5 the full valuation thereof, but not including any of those powers and
6 duties reserved to officers of a county, city, town or village by virtue
7 of [sections seven and eight] section 1 of article [nine] IX and section
8 13 of article XIII of this constitution. The legislature shall assign to
9 him or her no administrative duties, excepting such as may be incidental
10 to the performance of these functions, any other provision of this
11 constitution to the contrary notwithstanding.
12 § 2. Resolved (if the Senate concur), That the foregoing amendment be
13 referred to the first regular legislative session convening after the
14 next succeeding general election of members of the assembly, and, in
15 conformity with section 1 of article 19 of the constitution, be
16 published for 3 months previous to the time of such election.
