S T A T E   O F   N E W   Y O R K
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                                  4350

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by M. of A. CAHILL, BENEDETTO, BING, BRENNAN, CUSICK, GALEF,
  GOTTFRIED, GUNTHER, JAFFEE, JEFFRIES, LUPARDO, MAGEE,  MAISEL,  ORTIZ,
  PEOPLES-STOKES,  REILLY,  GABRYSZAK,  KAVANAGH, CAMARA, SPANO, THIELE,
  PAULIN, MOLINARO, CROUCH, TOBACCO, CORWIN, SAYWARD --  Multi-Sponsored
  by  --  M.  of  A. COLTON, DUPREY, LANCMAN, LAVINE, P. LOPEZ, MILLMAN,
  RAIA, ROSENTHAL, SCHIMEL, SWEENEY -- 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:

  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 OR HER DISCRETION MAKE
PROCLAMATION 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
to  fill such vacancy until the third day of January in the year follow-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04964-01-1
              

A. 4350                             2

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.