Bill Text: NY A00927 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides for a special election, at the discretion of the governor, to fill vacancies in the office of comptroller and attorney-general.

Spectrum: Moderate Partisan Bill (Democrat 15-2)

Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A00927 Detail]

Download: New_York-2017-A00927-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           927
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BENEDET-
          TO,   COLTON,  CROUCH,  CUSICK,  GALEF,  GOTTFRIED,  GUNTHER,  JAFFEE,
          KAVANAGH, LOPEZ, LUPARDO, MAGEE, ORTIZ, PAULIN, PEOPLES-STOKES,  RAIA,
          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:
     1    Section  1. Section 41 of the public officers law, as amended by chap-
     2  ter 91 of the laws of 1928, is amended to read as follows:
     3    § 41. Vacancies [filled by legislature] in the office  of  comptroller
     4  or  attorney-general.  When  a  vacancy occurs or exists[, other than by
     5  removal,] in the office of comptroller or attorney-general, [or a resig-
     6  nation of either such officer to take effect at  any  future  day  shall
     7  have been made while the legislature is in session, the two houses ther-
     8  eof,  by  joint  ballot,  shall  appoint a person to fill such actual or
     9  prospective vacancy] the governor may in  his  or  her  discretion  make
    10  proclamation  of  a special election to fill such office, specifying the
    11  date of such election, which shall be not less than forty-five nor  more
    12  than sixty days from the date of the proclamation.
    13    §  2.  Subdivision  4-a  of  section 42 of the public officers law, as
    14  amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
    15  follows:
    16    4-a.  If  a vacancy occurs in the office of United States senator from
    17  this state [in any even numbered calendar year on or  after  the  fifty-
    18  ninth  day  prior  to  the annual primary election, or thereafter during
    19  said even numbered year, the governor shall make a temporary appointment
    20  to fill such vacancy until the third day of January in the year  follow-
    21  ing the next even numbered calendar year.  If such vacancy occurs in any
    22  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.
                                                                   LBD01489-01-7
        A. 927                              2

     1  annual primary election, the governor shall make a temporary appointment
     2  to fill such vacancy until the third day of January in the next calendar
     3  year. If a vacancy occurs in the office of United  States  senator  from
     4  this  state in any odd numbered calendar year, the governor shall make a
     5  temporary appointment to fill such vacancy until the third day of  Janu-
     6  ary  in  the next odd numbered calendar year.  Such an appointment shall
     7  be evidenced by a certificate of the governor which shall  be  filed  in
     8  the  office of the state board of elections. At the time for filing such
     9  certificate], the governor may in his or her discretion, make  proclama-
    10  tion  of  a special election to fill such office, specifying the date of
    11  such election, which shall not be less than  forty-five  nor  more  than
    12  sixty  days from the date of such proclamation. The governor shall issue
    13  and file in the office of  the  state  board  of  elections  a  writ  of
    14  election  directing the election of a United States senator to fill such
    15  vacancy for the unexpired term at the general  election  next  preceding
    16  the expiration for the term of such [appointment] special election.
    17    §  3.    This  act  shall take effect on the same date as a concurrent
    18  resolution entitled "CONCURRENT RESOLUTION OF THE  SENATE  AND  ASSEMBLY
    19  proposing an amendment to section 1 of article 5 of the constitution, in
    20  relation to providing for special elections to fill the offices of comp-
    21  troller and attorney-general", takes effect.