NY State Senate Bill 2009-S5771

Senate Bill S5771

2009-2010 Legislative Session

Provides for an election to fill vacancy in the offices of state comptroller and attorney-general

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2010	opinion referred to judiciary
Jan 12, 2010	to attorney-general for opinion
Jan 06, 2010	referred to judiciary
Jul 06, 2009	opinion referred to judiciary
Jun 12, 2009	to attorney-general for opinion
Jun 04, 2009	referred to judiciary

co-Sponsors

2009-S5771 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 5 §1, Constn

2009-S5771 (ACTIVE) - Summary

Provides for an election to fill vacancy in the offices of state comptroller and attorney-general where such vacancy occurs one hundred twenty days or more before a general election of the legislature that is not a general election for the governor.

2009-S5771 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5771

 TITLE OF BILL :

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to section 1 of article 5 of the constitution, in relation
to providing for elections to fill vacancies in the offices of
comptroller and attorney general


 PURPOSE :

This resolution, if adopted in conformity with section 1 of Article 19
of the New York State Constitution by the legislature and approved by
New York voters, would mandate that if a vacancy should occur in the
office of Comptroller or Attorney General one hundred twenty days or
more before a general election of the legislature which is also not a
general election for Governor, then the vacancy be filled for the
remainder of the prior office holder's term at such general election
of the legislature.

 SUMMARY OF PROVISIONS :

Section 1 amends section 1 of Article 5 of the New York State
Constitution to require that if a vacancy in the office of Comptroller
or Attorney General occurs one hundred twenty days or more before a

general election of the legislature that is not also a general
election for the Governor, then the remaining term for that office
must be filled at that general election of the legislature.

Section 2 provides that should the resolution be adopted by each house
of the legislature, that it be published for three months before the
next general election of the legislature, and be referred to that
succeeding session of the legislature for consideration in conformity
with Article 19 of the New York State Constitution.

 DISCUSSION :

The amendment would not alter the general constitutional mandate that:
(1) elections to the offices of Comptroller and Attorney General be
held at the same time as the election of the Governor: (2) all three
offices serve for the same term: and (3) the legislature is charged
with determining how vacancies for each office should be filled. The
amendment, however, would mandate an exception to the general rule
when a vacancy in the offices of Comptroller or Attorney General
occurs one hundred-twenty days or more before the general election of
members of the legislature so that a vacancy occurring under such
circumstances could be temporarily filled by the legislature until a
general election to the legislature at which time a successor would be
selected by popular vote. take office upon election, and serve the
remainder of the term of the person who vacated the office.

The one hundred twenty day period ensures that a statewide primary
election and meaningful campaign for office be conducted before the
general election to fill a vacancy. Such a consideration of candidates
and issues on a broad, statewide scale over an extended period of time
is vital to ensuring that the electorate is informed.  There currently
are no other provisions under the New York State Constitution or
Election Law to provide for a special election to fill such offices
upon the occurrence of a vacancy.

 RATIONALE FOR THE CHANGE :

If adopted, this amendment would increase popular participation in the
selection of statewide officers when a vacancy occurs during a term of
office.
 CONCLUSION :

This constitutional amendment if adopted. will further increase public
input into the selection of two statewide elected offices. thereby
strengthening the integrity of these two offices.

The Comptroller urges adoption of this resolution.

2009-S5771 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5771

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 4, 2009
                               ___________

Introduced  by  Sens.  DIAZ,  MAZIARZ  -- (at request of the State Comp-
  troller) -- 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 section 1 of article 5 of the constitution, in
  relation  to  providing for elections to fill vacancies in the offices
  of comptroller and attorney general

  Section 1. Resolved (if the Assembly concur), That section 1 of  arti-
cle 5 of the constitution be amended to read as follows:
  Section 1. The comptroller and attorney-general shall be chosen at the
same general election as the governor [and] UNLESS A VACANCY SHALL OCCUR
ONE  HUNDRED TWENTY DAYS OR MORE BEFORE A GENERAL ELECTION OF THE LEGIS-
LATURE THAT IS NOT A GENERAL ELECTION FOR THE GOVERNOR  IN  WHICH  EVENT
THE  REMAINING  TERM  FOR  SUCH  OFFICE  SHALL  BE FILLED AT THE GENERAL
ELECTION OF THE LEGISLATURE, SHALL hold office for the same term AS  THE
GOVERNOR,  and shall possess the qualifications provided in section 2 of
article IV. [The] EXCEPT AS OTHERWISE  PROVIDED  IN  THIS  SECTION,  THE
legislature  shall  provide for filling vacancies in the office of comp-
troller and of attorney-general. [No election of  a  comptroller  or  an
attorney-general  shall  be  had except at the time of electing a gover-
nor.] The comptroller shall be  required:  (1)  to  audit  all  vouchers
before  payment  and all official accounts; (2) to audit the accrual and
collection of all revenues and receipts; and (3) to prescribe such meth-
ods of accounting as are necessary for the performance of the  foregoing
duties. The payment of any money of the state, or of any money under its
control, or the refund of any money paid to the state, except upon audit
by  the  comptroller, shall be void, and may be restrained upon the suit
of any taxpayer with the consent of the supreme court in appellate divi-
sion on notice to the attorney-general. In such respect the  legislature
shall  define  the  powers and duties and may also assign to him or her:
(1) supervision of the accounts of  any  political  subdivision  of  the
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.

                                                           LBD89067-02-9

S. 5771                             2

assessment and taxation  of  real  estate,  including  determination  of
ratios  which  the  assessed valuation of taxable real property bears to
the full valuation thereof, but not including any of  those  powers  and
duties  reserved  to  officers  of  a  county,  city, town or village by
[virtue of sections seven and eight of article nine of]  this  constitu-
tion.  The  legislature  shall  assign  to  him or her no administrative
duties, excepting such as may be incidental to the performance of  these
functions,  any  other  provision  of  this constitution to the contrary
notwithstanding.
  S 2. Resolved (if the Assembly concur), That the foregoing  amendments
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.

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Senate Bill S5771

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Sponsored By

Ruben Diaz