STATE OF NEW YORK ________________________________________________________________________ 1589 2025-2026 Regular Sessions IN SENATE January 10, 2025 ___________ Introduced by Sens. GRIFFO, LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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 comptroller and attorney general 1 Section 1. Resolved (if the Assembly concur), That section 1 of arti- 2 cle 5 of the constitution be amended to read as follows: 3 Section 1. [The] Except as otherwise provided in this section, the 4 comptroller and attorney-general shall be chosen at the same general 5 election as the governor and hold office for the same term, and shall 6 possess the qualifications provided in section 2 of article IV. [The 7 legislature shall provide for filling vacancies in the office of comp- 8 troller and of attorney-general. No election of a comptroller or an 9 attorney-general shall be had except at the time of electing a gover- 10 nor.] Where a vacancy occurs during a term of the comptroller or attor- 11 ney general a special election shall be conducted to fill such office. 12 The comptroller shall be required: (1) to audit all vouchers before 13 payment and all official accounts; (2) to audit the accrual and 14 collection of all revenues and receipts; and (3) to prescribe such meth- 15 ods of accounting as are necessary for the performance of the foregoing 16 duties. The payment of any money of the state, or of any money under its 17 control, or the refund of any money paid to the state, except upon audit 18 by the comptroller, shall be void, and may be restrained upon the suit 19 of any taxpayer with the consent of the supreme court in appellate divi- 20 sion on notice to the attorney-general. In such respect the legislature 21 shall define the powers and duties and may also assign to [him or her] 22 the comptroller: (1) supervision of the accounts of any political 23 subdivision of the state; and (2) powers and duties pertaining to or 24 connected with the assessment and taxation of real estate, including 25 determination of ratios which the assessed valuation of taxable real 26 property bears to the full valuation thereof, but not including any of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89024-01-5
S. 1589 2 1 those powers and duties reserved to officers of a county, city, town or 2 village [by virtue of sections seven and eight of article nine of this 3 constitution]. The legislature shall assign to [him or her] the comp- 4 troller no administrative duties, excepting such as may be incidental to 5 the performance of these functions, any other provision of this consti- 6 tution to the contrary notwithstanding. 7 § 2. Resolved (if the Assembly concur), That the foregoing amendment 8 be referred to the first regular legislative session convening after the 9 next succeeding general election of members of the assembly, and, in 10 conformity with section 1 of article 19 of the constitution, be 11 published for 3 months previous to the time of such election.