Bill Text: NY A05913 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A05913 Detail]

Download: New_York-2019-A05913-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5913
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    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:
     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.  1. 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  shall,  within  sixty days of such
    10  vacancy occurring, set the date for a  special  election  to  fill  such
    11  office.  The  date  set for the special election shall be no sooner than
    12  forty-five days or later than sixty days from the  proclamation  of  the
    13  governor  establishing the election to fill the vacancy in the office of
    14  the comptroller or attorney-general. Provided, however, that if a vacan-
    15  cy in the office of comptroller or attorney-general occurs in  the  same
    16  calendar  year as the next regularly scheduled general election at which
    17  the comptroller and  attorney-general  are  to  be  chosen,  no  special
    18  election shall be called.
    19    2.  a. In the event a vacancy occurs in the office of the comptroller,
    20  the first deputy comptroller shall exercise the powers and duties of the
    21  office of the comptroller until such time as a special election is  held
    22  to  elect a new comptroller. In the event a vacancy occurs in the office
    23  of the comptroller in the same calendar year as the next regularly sche-
    24  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
        A. 5913                             2
     1  powers and duties of the office of the comptroller shall be exercised by
     2  the first deputy comptroller for the remaining unexpired term of office.
     3    b.  In the event a vacancy occurs in the office of the attorney-gener-
     4  al, the solicitor general shall exercise the powers and  duties  of  the
     5  office  of the attorney-general until such time as a special election is
     6  held to elect a new attorney-general.  In the event a vacancy occurs  in
     7  the office of the attorney-general in the same calendar year as the next
     8  regularly  scheduled  general  election  at  which such office is up for
     9  election, the powers and duties of the office  of  the  attorney-general
    10  shall  be exercised by the solicitor general for the remaining unexpired
    11  term of office.
    12    § 2. This act shall take effect on the  same  date  as  a  "CONCURRENT
    13  RESOLUTION  OF THE SENATE AND ASSEMBLY proposing an amendment to section
    14  1 of article 5 of the constitution, in relation to filling vacancies  in
    15  the office of comptroller or attorney-general" takes effect.