Relates to vacancies in the office of comptroller or attorney-general, establishing a procedure for the holding of special elections and who may fill such vacancies until such special elections.
STATE OF NEW YORK
________________________________________________________________________
5913
2019-2020 Regular Sessions
IN ASSEMBLY
February 20, 2019
___________
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Governmental 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:
1 Section 1. Section 41 of the public officers law, as amended by chap-
2 ter 91 of the laws of 1928, is amended to read as follows:
3 § 41. Vacancies [filled by legislature] in the office of comptroller
4 or attorney-general. 1. When a vacancy occurs or exists[, other than by
5 removal,] in the office of comptroller or attorney-general, [or a resig-
6 nation of either such officer to take effect at any future day shall
7 have been made while the legislature is in session, the two houses ther-
8 eof, by joint ballot, shall appoint a person to fill such actual or
9 prospective vacancy] the governor shall, within sixty days of such
10 vacancy occurring, set the date for a special election to fill such
11 office. The date set for the special election shall be no sooner than
12 forty-five days or later than sixty days from the proclamation of the
13 governor establishing the election to fill the vacancy in the office of
14 the comptroller or attorney-general. Provided, however, that if a vacan-
15 cy in the office of comptroller or attorney-general occurs in the same
16 calendar year as the next regularly scheduled general election at which
17 the comptroller and attorney-general are to be chosen, no special
18 election shall be called.
19 2. a. In the event a vacancy occurs in the office of the comptroller,
20 the first deputy comptroller shall exercise the powers and duties of the
21 office of the comptroller until such time as a special election is held
22 to elect a new comptroller. In the event a vacancy occurs in the office
23 of the comptroller in the same calendar year as the next regularly sche-
24 duled general election at which such office is up for election, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09946-01-9
A. 5913 2
1 powers and duties of the office of the comptroller shall be exercised by
2 the first deputy comptroller for the remaining unexpired term of office.
3 b. In the event a vacancy occurs in the office of the attorney-gener-
4 al, the solicitor general shall exercise the powers and duties of the
5 office of the attorney-general until such time as a special election is
6 held to elect a new attorney-general. In the event a vacancy occurs in
7 the office of the attorney-general in the same calendar year as the next
8 regularly scheduled general election at which such office is up for
9 election, the powers and duties of the office of the attorney-general
10 shall be exercised by the solicitor general for the remaining unexpired
11 term of office.
12 § 2. This act shall take effect on the same date as a "CONCURRENT
13 RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section
14 1 of article 5 of the constitution, in relation to filling vacancies in
15 the office of comptroller or attorney-general" takes effect.
