S T A T E O F N E W Y O R K
________________________________________________________________________
2333
2025-2026 Regular Sessions
I N A S S E M B L Y
January 16, 2025
___________
Introduced by M. of A. HAWLEY -- read once and referred to the Committee
on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 5 of the constitution, relating to the
filling of vacancies in the offices of comptroller and attorney-gener-
al
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 UNTIL THE NEXT GENERAL ELECTION
HAPPENING NOT LESS THAN THREE MONTHS AFTER THE OFFICE SHALL HAVE BECOME
VACANT, AT WHICH TIME A COMPTROLLER OR ATTORNEY-GENERAL SHALL BE ELECTED
TO SERVE THE REMAINDER OF THE TERM. [No election of a comptroller or an
attorney-general shall be had except at the time of electing a gover-
nor.] IN CASE THE COMPTROLLER-ELECT OR ATTORNEY-GENERAL-ELECT SHALL
DECLINE TO SERVE OR SHALL DIE, THE LEGISLATURE SHALL PROVIDE FOR FILLING
THE VACANCY UNTIL THE NEXT GENERAL ELECTION. 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 methods of accounting as are neces-
sary 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 division 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] THE COMPTROLLER:
(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.
LBD89028-01-5
A. 2333 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 constitution. The
legislature shall assign to [him or her] THE COMPTROLLER no administra-
tive duties, excepting such as may be incidental to the performance of
these functions, any other provision of this constitution to the contra-
ry 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.