S T A T E O F N E W Y O R K
________________________________________________________________________
538
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BENEDET-
TO, COLTON, CROUCH, CUSICK, GALEF, GOTTFRIED, GUNTHER, JAFFEE, LUPAR-
DO, ORTIZ, PAULIN, PEOPLES-STOKES, RAIA, L. ROSENTHAL, THIELE -- 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:
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:
§ 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.
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01977-01-9
A. 538 2
annual primary election, the governor shall make a temporary appointment
to fill such vacancy until the third day of January in the next calendar
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.
§ 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.