S T A T E   O F   N E W   Y O R K
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                                   581

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  CAHILL,  BENEDETTO,  BING,  BRENNAN, CUSICK,
  DelMONTE, EDDINGTON,  GALEF,  GIANARIS,  GOTTFRIED,  GUNTHER,  JAFFEE,
  JEFFRIES,  KOON, LUPARDO, MAGEE, MAISEL, ORTIZ, PEOPLES, POWELL, REIL-
  LY, STIRPE, GABRYSZAK, KAVANAGH, CAMARA, P. RIVERA --  Multi-Sponsored
  by -- M. of A. COLTON, HYER-SPENCER, LANCMAN, LAVINE, ROSENTHAL, SWEE-
  NEY  --  read once and referred to the Committee on Governmental Oper-
  ations

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:

  Section  1. Section 41 of the public officers law, as amended by chap-
ter 91 of the laws of 1928, is amended to read as follows:
  S 41. Vacancies [filled by legislature] IN THE OFFICE  OF  COMPTROLLER
OR  ATTORNEY-GENERAL.  When  a  vacancy occurs or exists[, other than by
removal,] in the office of comptroller or attorney-general, [or a resig-
nation of either such officer to take effect at  any  future  day  shall
have been made while the legislature is in session, the two houses ther-
eof,  by  joint  ballot,  shall  appoint a person to fill such actual or
prospective vacancy] THE GOVERNOR MAY IN HIS DISCRETION  MAKE  PROCLAMA-
TION  OF  A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE DATE OF
SUCH ELECTION, WHICH SHALL BE NOT LESS THAN  FORTY-FIVE  NOR  MORE  THAN
SIXTY DAYS FROM THE DATE OF THE PROCLAMATION.
  S  2.  Subdivision  4-a  of  section 42 of the public officers law, as
amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
follows:
  4-a.  If  a vacancy occurs in the office of United States senator from
this state [in any even numbered calendar year on or  after  the  fifty-
ninth  day  prior  to  the annual primary election, or thereafter during
said even numbered year, the governor shall make a temporary appointment

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00596-01-9

A. 581                              2

to fill such vacancy until the third day of January in the year  follow-
ing the next even numbered calendar year.  If such vacancy occurs in any
even  numbered  calendar  year on or before the sixtieth day prior to an
annual primary election, the governor shall make a temporary appointment
to fill such vacancy until the third day of January in the next calendar
year.  If  a  vacancy occurs in the office of United States senator from
this state in any odd numbered calendar year, the governor shall make  a
temporary  appointment to fill such vacancy until the third day of Janu-
ary in the next odd numbered calendar year.  Such an  appointment  shall
be  evidenced  by  a certificate of the governor which shall be filed in
the office of the state board of elections. At the time for filing  such
certificate],  the GOVERNOR MAY IN HIS OR HER DISCRETION, MAKE PROCLAMA-
TION OF A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE  DATE  OF
SUCH  ELECTION,  WHICH  SHALL  NOT BE LESS THAN FORTY-FIVE NOR MORE THAN
SIXTY DAYS FROM THE DATE OF SUCH PROCLAMATION. THE governor shall  issue
and  file  in  the  office  of  the  state  board of elections a writ of
election directing the election of a United States senator to fill  such
vacancy  for  the  unexpired term at the general election next preceding
the expiration for the term of such [appointment] SPECIAL ELECTION.
  S 3.  This act shall take effect on the  same  date  as  a  concurrent
resolution  entitled  "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 comp-
troller and attorney-general", takes effect.