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Assembly Bill A5913

2019-2020 Legislative Session

Relates to vacancies in the office of comptroller or attorney-general

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Archive: Last Bill Status - In Assembly Committee

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2019-A5913 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §41, Pub Off L
Versions Introduced in 2017-2018 Legislative Session:
A10847

2019-A5913 (ACTIVE) - Summary

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.

2019-A5913 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5913
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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.  1. 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  SHALL,  WITHIN  SIXTY DAYS OF SUCH
 VACANCY OCCURRING, SET THE DATE FOR A  SPECIAL  ELECTION  TO  FILL  SUCH
 OFFICE.  THE  DATE  SET FOR THE SPECIAL ELECTION SHALL BE NO SOONER THAN
 FORTY-FIVE DAYS OR LATER THAN SIXTY DAYS FROM THE  PROCLAMATION  OF  THE
 GOVERNOR  ESTABLISHING THE ELECTION TO FILL THE VACANCY IN THE OFFICE OF
 THE COMPTROLLER OR ATTORNEY-GENERAL. PROVIDED, HOWEVER, THAT IF A VACAN-
 CY IN THE OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL OCCURS IN  THE  SAME
 CALENDAR  YEAR AS THE NEXT REGULARLY SCHEDULED GENERAL ELECTION AT WHICH
 THE COMPTROLLER AND  ATTORNEY-GENERAL  ARE  TO  BE  CHOSEN,  NO  SPECIAL
 ELECTION SHALL BE CALLED.
   2.  A. IN THE EVENT A VACANCY OCCURS IN THE OFFICE OF THE COMPTROLLER,
 THE FIRST DEPUTY COMPTROLLER SHALL EXERCISE THE POWERS AND DUTIES OF THE
 OFFICE OF THE COMPTROLLER UNTIL SUCH TIME AS A SPECIAL ELECTION IS  HELD
 TO  ELECT A NEW COMPTROLLER. IN THE EVENT A VACANCY OCCURS IN THE OFFICE
 OF THE COMPTROLLER IN THE SAME CALENDAR YEAR AS THE NEXT REGULARLY SCHE-
 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

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