S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    538
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BENEDET-
   TO,  COLTON, CROUCH, CUSICK, GALEF, GOTTFRIED, GUNTHER, JAFFEE, LUPAR-
   DO, ORTIZ, PAULIN, PEOPLES-STOKES, RAIA, L. ROSENTHAL, THIELE --  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. 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.
   § 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-
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01977-01-9

 A. 538                              2

 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.
   §  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.