New York 2025-2026 Regular Session

New York Assembly Bill A02333

Introduced
1/16/25  
Refer
1/16/25  
Refer
2/5/25  
Refer
1/7/26  

Caption

Provides for procedure in filling vacancies in the offices of comptroller and attorney-general.

Summary

This bill proposes a constitutional amendment to change how vacancies in the offices of New York State comptroller and attorney general are filled. Under current language, those offices are elected only at the same time as the governor, and vacancies are filled by legislative provision until the next gubernatorial election. The bill would instead require that a vacancy be filled only until the next general election occurring at least three months after the vacancy arises, at which point a replacement would be elected to serve the remainder of the term. The measure also updates the constitutional text to reflect gender-neutral language by replacing references to "him or her" with "the comptroller" and makes conforming edits to the vacancy-filling provisions. It does not alter the core duties of the comptroller, such as auditing state finances and overseeing certain accounting and taxation functions, but it does revise the timing and method for filling midterm vacancies in these two statewide offices.

Impact

If adopted, the amendment would change Article V of the New York Constitution by creating a more specific election-based process for filling vacancies in the comptroller and attorney general offices. Instead of allowing a vacancy to last until the next gubernatorial election, the bill would require a special election at the next general election that is at least three months after the vacancy occurs, with the winner serving the rest of the term. The bill would affect the election calendar, vacancy procedures, and the timing of succession for two major statewide executive offices, while leaving the substantive powers and duties of the comptroller largely unchanged.

Sentiment

Based on the bill text and available context, the measure appears procedural and institutional rather than ideological, with no recorded committee debate or vote history provided. The overall tone is neutral and administrative, focused on clarifying vacancy-filling rules and aligning the constitution with modern drafting conventions. Because there are no transcripts or votes, there is no evidence of public support or opposition in the supplied materials.

Contention

The main point of potential contention is the shift from filling vacancies only until the next gubernatorial election to requiring a special election at the next eligible general election. Supporters may view this as improving democratic legitimacy by letting voters choose replacements sooner, while opponents could argue it creates additional election costs or administrative complexity. A secondary issue is the constitutional cleanup language, though that appears largely noncontroversial and technical.

Companion Bills

NY S01292

Same As Provides for procedure in filling vacancies in the offices of comptroller and attorney-general.

Previously Filed As

NY S01073

Provides for procedure in filling vacancies in the offices of comptroller and attorney-general.

NY S01292

Provides for procedure in filling vacancies in the offices of comptroller and attorney-general.

NY HB123

Modify procedures for filling vacancies in local elected offices

NY HB1651

In election of officers and vacancies in office, further providing for vacancies in general.

NY SB932

In election of officers and vacancies in office, further providing for vacancies in general.

NY SB847

In vacancies in office, further providing for filling vacancies in elective borough offices.

NY SB862

In vacancies in office, further providing for filling vacancies in elective borough offices.

NY HB1195

In vacancies in office, further providing for filling vacancies in elective borough offices.

NY SB418

In district attorney, assistants and detectives, further providing for filling of vacancies; in general provisions relating to home rule and optional plan government, further providing for limitation on municipal powers; and, in general provisions common to optional plans, further providing for manner of filling vacancies in office.

NY HB1423

In district attorney, assistants and detectives, further providing for filling of vacancies; in general provisions relating to home rule and optional plan government, further providing for limitation on municipal powers; and, in general provisions common to optional plans, further providing for manner of filling vacancies in office.

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