BILL NUMBER: S1292
SPONSOR: BORRELLO
 
TITLE OF BILL:
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-general
 
PURPOSE:
Provides for procedure in filling vacancies in the offices of comp-
troller and attorney-general
 
SUMMARY OF PROVISIONS:
Section 1. Provides that section 1 of article 5 of the constitution be
amended by removing the provision stating that, "No election of a comp-
troller or an attorney-general shall be had except at the time of elect-
ing a governor," and inserting the provision that legislative appoint-
ments to fill these offices will only last until the next general
election, provided it is at least three months in the future. At this
time, an election will be held for the office, the winner of which will
serve out the remainder of the term. An additional sentence is also
added declaring that, "In case the comptroller-elect or attorney gener-
al-elect shall decline to serve or shall die, the legislature shall
provide for filling the vacancy until the next general election."
Section 2. Provides that the proposed amendment be referred to the first
regular legislative session convening after the next succeeding general
election of members of the assembly, and be published for three months
previous to the time of such election in accordance with section 1 of
article 19 of the constitution.
 
JUSTIFICATION:
As the constitution currently reads, the legislature has the authority
to fill vacancies in these offices for up to their full four year terms
without the voters of the state having the opportunity to approve of the
new office-holder via their vote in an election. For the legislature to
have the power to fill vacancies in these offices for their full four
year terms without the consent of the voters being taken into account
demonstrates a lack of direct democratic participation in this process
that should be corrected. With this amendment, the power to fill these
influential offices will be returned to the voters of the state.
 
LEGISLATIVE HISTORY:
2022: S.6752 Referred to Judiciary
 
FISCAL IMPLICATIONS:
To Be Determined
 
LOCAL FISCAL IMPLICATIONS:
2024: S1073/A4251 Referred to.Judiciary, To Attorney, General for Opin-
ion, Opinion Referred to Judiciary
2023: S1073/A4251 Referred to Judiciary, To Attorney, General for Opin-
ion, Opinion Referred to Judiciary
05/16/2008 - A11113 referred to judiciary
05/19/2008 - to attorney-general for opinion
06/12/2008 - opinion referred to judiciary
06/03/2010 - A1140 held for consideration in judiciary
05/22/2012 - A.1251 held for consideration in judiciary
05/28/2014 - A381 held for consideration in judiciary
05/17/2016 - A3261 held for consideration in judiciary
05/31/2018 - A1772 held for consideration in judiciary
07/14/2020 - A3584 held for consideration in judiciary
 
EFFECTIVE DATE:
This act shall take effect upon amendment of the constitution pursuant
to its provisions