S T A T E O F N E W Y O R K
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10848
I N A S S E M B L Y
May 23, 2018
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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
Section 1. Resolved (if the Senate concur), That section 1 of article
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 hold office for the same term,
and shall possess the qualifications provided in section 2 of article
IV. [The legislature shall provide for filling vacancies in the office
of comptroller 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] IN THE EVENT A VACANCY SHALL OCCUR IN THE OFFICE OF COMPTROLLER OR
ATTORNEY-GENERAL PRIOR TO THE EXPIRATION OF THE TERM THEREOF, A SPECIAL
ELECTION SHALL BE CALLED BY THE GOVERNOR TO FILL THE VACANCY FOR THE
REMAINDER OF THE TERM. PROVIDED, HOWEVER, IF THE VACANCY OCCURS IN THE
OFFICE OF THE COMPTROLLER OR ATTORNEY-GENERAL WITHIN THE SAME CALENDAR
YEAR AS THE NEXT GENERAL ELECTION AT WHICH SUCH OFFICERS ARE TO BE
CHOSEN, NO SPECIAL ELECTION SHALL BE CALLED AND THE OFFICES SHALL BE
FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM AS PROVIDED BY THE LEGIS-
LATURE. 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
assessment and taxation of real estate, including determination of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89145-02-8
A. 10848 2
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 constitution. The
legislature shall assign to him or her no administrative duties, except-
ing such as may be incidental to the performance of these functions, any
other provision of this constitution to the contrary notwithstanding.
§ 2. Resolved (if the Senate concur), That the foregoing amendment 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.