BILL NUMBER: S2342
SPONSOR: TEDISCO
 
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 the governor to fill a vacancy of the office of the comptroller and
attorney-general
 
PURPOSE OR GENERAL IDEA OF BILL:
To provide the New York state voters with the opportunity to select a
comptroller or attorney general if a vacancy occurs in either one of
these offices in the middle of the four-year term by allowing the gover-
nor to make the interim appointment and then providing for the office to
be filled by the voters at the very next general election in November
after the interim appointment is made.
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill amends Article V; section 1 of the New York State Constitution
to stipulate that if a vacancy occurs in the offices of either the State
Comptroller or Attorney General during their four-year term, then the
governor shall make an interim appointment with such person only serving
in the office until the very next general election. The person elected
at such general election would then serve the remainder of the term with
the office next up for election when the governor's office is next up
for election.
 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Removes the power to appoint a person to fill the unexpired term in the
offices of either Comptroller or Attorney General from the Legislature
and provides for such office to be filled for the remainder of the unex-
pired term by a statewide vote at the next general election with the
Governor appointing an interim Comptroller/Attorney General until that
general election.
 
JUSTIFICATION:
The Comptroller and the Attorney General are one of four statewide
elected offices. Given the extremely high importance of such offices and
their prominence, it does not seem appropriate to allow the Legisla-
ture.to choose a person to fill such office for the entire unexpired
term (which could be as long as almost four full years). This measure
recognizes that the people are the ultimate source of authority for all
statewide elected offices by having the Governor select a person to
serve as either Comptroller or Attorney General for only that time up to
the next general election held after the Governor's interim appointment.
This should make the process of choosing a successor to the office of
Comptroller or Attorney General much more open, inclusive and democratic
by having it decided at the ballot box rather than behind closed doors.
 
PRIOR LEGISLATIVE HISTORY:
02/09/17: S.4321 REFERRED TO JUDICIARY
02/16/17: S.4321 TO ATTORNEY-GENERAL FOR OPINION
03/10/17: S.4321 OPINION REFERRED TO JUDICIARY
01/03/18: S.4321 REFERRED TO JUDICIARY
02/09/18: S.4321 TO ATTORNEY-GENERAL FOR OPINION
03/14/18: S.4321 OPINION REFERRED TO JUDICIARY
01/15/19: S.1496 REFERRED TO JUDICIARY
02/07/19: S.1496 TO ATTORNEY-GENERAL FOR OPINION
01/08/20: S.1496 REFERRED TO JUDICIARY
02/14/20: S.1496 TO ATTORNEY-GENERAL FOR OPINION
03/13/20: S.1496 OPINION REFERRED TO JUDICIARY
01/12/21: S.1538 REFERRED TO JUDICIARY
02/09/21: S.1538 TO ATTORNEY-GENERAL FOR OPINION
03/04/21: S.1538 OPINION REFERRED TO JUDICIARY
01/05/22: S.1538 REFERRED TO JUDICIARY
01/28/22: S.1538 TO ATTORNEY-GENERAL FOR OPINION
03/01/22: S.1538 OPINION REFERRED TO JUDICIARY
01/11/23: S.1389 REFERRED TO JUDICIARY
01/13/23: S.1389 TO ATTORNEY-GENERAL FOR OPINION
02/07/23: S.1389 OPINION REFERRED TO JUDICIARY
01/03/24: S.1389 REFERRED TO JUDICIARY
01/04/24: S.1389 TO ATTORNEY-GENERAL FOR OPINION
01/29/24: S.1389 OPINION REFERRED TO JUDICIARY
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Possibly a slight increased administrative cost for the general election
but this should be minimized by the fact that other candidates will be
on the ballot.
 
EFFECTIVE DATE:
Upon approval by two separately elected State Legislatures and approval
by the voters in a referendum.