Assembly Bill A10847

2017-2018 Legislative Session

Relates to vacancies in the office of comptroller or attorney-general

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A10847 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §41, Pub Off L
Versions Introduced in 2019-2020 Legislative Session:
A5913

2017-A10847 (ACTIVE) - Summary

Relates to vacancies in the office of comptroller or attorney-general, establishing a procedure for the holding of special elections and who may fill such vacancies until such special elections.

2017-A10847 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10847
 
                           I N  A S S E M B L Y
 
                               May 23, 2018
                                ___________
 
 Introduced  by  M.  of  A.  MALLIOTAKIS -- 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:
   § 41. Vacancies [filled by legislature] IN THE OFFICE  OF  COMPTROLLER
 OR ATTORNEY-GENERAL.  1. 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  SHALL,  WITHIN  SIXTY DAYS OF SUCH
 VACANCY OCCURRING, SET THE DATE FOR A  SPECIAL  ELECTION  TO  FILL  SUCH
 OFFICE.  THE  DATE  SET FOR THE SPECIAL ELECTION SHALL BE NO SOONER THAN
 FORTY-FIVE DAYS OR LATER THAN SIXTY DAYS FROM THE  PROCLAMATION  OF  THE
 GOVERNOR  ESTABLISHING THE ELECTION TO FILL THE VACANCY IN THE OFFICE OF
 THE COMPTROLLER OR ATTORNEY-GENERAL. PROVIDED, HOWEVER, THAT IF A VACAN-
 CY IN THE OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL OCCURS IN  THE  SAME
 CALENDAR  YEAR AS THE NEXT REGULARLY SCHEDULED GENERAL ELECTION AT WHICH
 THE COMPTROLLER AND  ATTORNEY-GENERAL  ARE  TO  BE  CHOSEN,  NO  SPECIAL
 ELECTION SHALL BE CALLED.
   2.  A. IN THE EVENT A VACANCY OCCURS IN THE OFFICE OF THE COMPTROLLER,
 THE FIRST DEPUTY COMPTROLLER SHALL EXERCISE THE POWERS AND DUTIES OF THE
 OFFICE OF THE COMPTROLLER UNTIL SUCH TIME AS A SPECIAL ELECTION IS  HELD
 TO  ELECT A NEW COMPTROLLER. IN THE EVENT A VACANCY OCCURS IN THE OFFICE
 OF THE COMPTROLLER IN THE SAME CALENDAR YEAR AS THE NEXT REGULARLY SCHE-
 DULED GENERAL ELECTION AT WHICH SUCH OFFICE  IS  UP  FOR  ELECTION,  THE
 POWERS AND DUTIES OF THE OFFICE OF THE COMPTROLLER SHALL BE EXERCISED BY
 THE FIRST DEPUTY COMPTROLLER FOR THE REMAINING UNEXPIRED TERM OF OFFICE.
   B.  IN THE EVENT A VACANCY OCCURS IN THE OFFICE OF THE ATTORNEY-GENER-
 AL, THE SOLICITOR GENERAL SHALL EXERCISE THE POWERS AND  DUTIES  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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