S T A T E   O F   N E W   Y O R K
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                                  4113

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 18, 2011
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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:

  Section  1. Section 41 of the public officers law, as amended by chap-
ter 91 of the laws of 1928, is amended to read as follows:
  S 41. Vacancies [filled by legislature] IN THE OFFICE  OF  COMPTROLLER
OR  ATTORNEY-GENERAL.  When  a  vacancy occurs or exists[, other than by
removal,] in the office of comptroller or attorney-general, [or a resig-
nation of either such officer to take effect at  any  future  day  shall
have been made while the legislature is in session, the two houses ther-
eof,  by  joint  ballot,  shall  appoint a person to fill such actual or
prospective vacancy] THE GOVERNOR MAY IN  HIS  OR  HER  DISCRETION  MAKE
PROCLAMATION  OF  A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE
DATE OF SUCH ELECTION, WHICH SHALL BE NOT LESS THAN FORTY-FIVE NOR  MORE
THAN SIXTY DAYS FROM THE DATE OF THE PROCLAMATION.
  S  2.  Subdivision  4-a  of  section 42 of the public officers law, as
amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
follows:
  4-a.  If  a vacancy occurs in the office of United States senator from
this state [in any even numbered calendar year on or  after  the  fifty-
ninth  day  prior  to  the annual primary election, or thereafter during
said even numbered year, the governor shall make a temporary appointment
to fill such vacancy until the third day of January in the year  follow-
ing the next even numbered calendar year.  If such vacancy occurs in any
even  numbered  calendar  year on or before the sixtieth day prior to an
annual primary election, the governor shall make a temporary appointment
to fill such vacancy until the third day of January in the next calendar

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04964-01-1
              

S. 4113                             2

year. If a vacancy occurs in the office of United  States  senator  from
this  state in any odd numbered calendar year, the governor shall make a
temporary appointment to fill such vacancy until the third day of  Janu-
ary  in  the next odd numbered calendar year.  Such an appointment shall
be evidenced by a certificate of the governor which shall  be  filed  in
the  office of the state board of elections. At the time for filing such
certificate], the GOVERNOR MAY IN HIS OR HER DISCRETION, MAKE  PROCLAMA-
TION  OF  A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE DATE OF
SUCH ELECTION, WHICH SHALL NOT BE LESS THAN  FORTY-FIVE  NOR  MORE  THAN
SIXTY  DAYS FROM THE DATE OF SUCH PROCLAMATION. THE governor shall issue
and file in the office of  the  state  board  of  elections  a  writ  of
election  directing the election of a United States senator to fill such
vacancy for the unexpired term at the general  election  next  preceding
the expiration for the term of such [appointment] SPECIAL ELECTION.
  S  3.    This  act  shall take effect on the same date as a concurrent
resolution entitled "CONCURRENT RESOLUTION OF THE  SENATE  AND  ASSEMBLY
proposing an amendment to section 1 of article 5 of the constitution, in
relation to providing for special elections to fill the offices of comp-
troller and attorney-general", takes effect.