NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3699
SPONSOR: Epstein (MS) TITLE OF BILL:
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 comptroller and attorney
general
SUMMARY OF PROVISIONS:
The bill amends the public officers law to provide that when a vacancy
occurs during the term of the Comptroller or Attorney General, the
governor may make a proclamation calling for a special election to fill
such office. The special election shall be held not less than forty-five
nor more than sixty days from the date of the proclamation.
EXISTING LAW:
Existing law provides that the Legislature shall provide for filling
vacancies in the office of Comptroller and Attorney General.
JUSTIFICATION:
The State Comptroller oversees the state's $145.7 billion pension fund
and is responsible for hundreds of yearly audits of cities, towns,
school districts and other government agencies. He or she is responsible
for ensuring that tax dollars are spent prudently and productively. The
Attorney General is the state's chief legal officer. The State Comp-
troller and the Attorney General are both representatives of the people
of the state and as such should always be elected by the people even in
cases of vacancies. Enactment of this measure will ensure these officers
are chosen by the people of the state and not the Legislature.
LEGISLATIVE HISTORY:
2021-2022: A.596 (Cahill) Opinion Referred to Judiciary / S.3876 (Grif-
fo) Opinion Referred to Judiciary
2019-2020: A.394 - Opinion of Attorney General Referred to Judiciary
2017-2018: A.1329 - Opinion of Attorney General Referred to Judiciary
2015-2016: A.1705 - Referred to Judiciary
2013-2014: A.1242 - Referred to Judiciary
2011-2012: A.4348 - Referred to Judiciary
2009-2010: A.580 - Referred to Governmental Operations
2007-2008: A.5703 - Referred to Judiciary
FISCAL IMPLICATIONS:
Costs associated with conducting a statewide election.
EFFECTIVE DATE:
This act shall take effect on the same date as the concurrent resolution
providing for special elections to fill vacancies in the office of Comp-
troller or Attorney General.
STATE OF NEW YORK
________________________________________________________________________
3699
2023-2024 Regular Sessions
IN ASSEMBLY
February 7, 2023
___________
Introduced by M. of A. EPSTEIN -- Multi-Sponsored by -- M. of A. BENE-
DETTO, COLTON, GUNTHER, LUPARDO, PAULIN, PEOPLES-STOKES, L. ROSENTHAL,
THIELE -- read once and referred to the Committee on Governmental
Operations
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
comptroller and attorney general
1 Section 1. Resolved (if the Senate concur), That section 1 of article
2 5 of the constitution be amended to read as follows:
3 Section 1. [The] Except as otherwise provided in this section, the
4 comptroller and attorney-general shall be chosen at the same general
5 election as the governor and hold office for the same term, and shall
6 possess the qualifications provided in section 2 of article IV. [The
7 legislature shall provide for filling vacancies in the office of comp-
8 troller and of attorney-general. No election of a comptroller or an
9 attorney-general shall be had except at the time of electing a gover-
10 nor.] Where a vacancy occurs during a term of the comptroller or attor-
11 ney general a special election shall be conducted to fill such office.
12 The comptroller shall be required: (1) to audit all vouchers before
13 payment and all official accounts; (2) to audit the accrual and
14 collection of all revenues and receipts; and (3) to prescribe such meth-
15 ods of accounting as are necessary for the performance of the foregoing
16 duties. The payment of any money of the state, or of any money under its
17 control, or the refund of any money paid to the state, except upon audit
18 by the comptroller, shall be void, and may be restrained upon the suit
19 of any taxpayer with the consent of the supreme court in appellate divi-
20 sion on notice to the attorney-general. In such respect the legislature
21 shall define the powers and duties and may also assign to him or her:
22 (1) supervision of the accounts of any political subdivision of the
23 state; and (2) powers and duties pertaining to or connected with the
24 assessment and taxation of real estate, including determination of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89033-01-3
A. 3699 2
1 ratios which the assessed valuation of taxable real property bears to
2 the full valuation thereof, but not including any of those powers and
3 duties reserved to officers of a county, city, town or village [by
4 virtue of sections seven and eight of article nine of this constitu-
5 tion]. The legislature shall assign to him or her no administrative
6 duties, excepting such as may be incidental to the performance of these
7 functions, any other provision of this constitution to the contrary
8 notwithstanding.
9 § 2. Resolved (if the Senate concur), That the foregoing amendment be
10 referred to the first regular legislative session convening after the
11 next succeeding general election of members of the assembly, and, in
12 conformity with section 1 of article 19 of the constitution, be
13 published for 3 months previous to the time of such election.
