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Statutes Text

Article - VI - Treasury Department




§1.

    (a)    There shall be a Treasury Department, consisting of a Comptroller chosen by the qualified electors of the State, who shall receive such salary as may be fixed by law; and a Treasurer, to be appointed on joint ballot by the two Houses of the Legislature at each regular session in which begins the term of the Governor, who shall receive such salary as may be fixed by law.

    (b)    The terms of office of the Comptroller and Treasurer shall be for four years, and until their successors shall qualify; and neither of the officers shall be allowed, or receive any fees, commissions or perquisites of any kind in addition to his salary for the performance of any duty or services whatsoever.

    (c)    (1)    In case of a vacancy in the office of the Comptroller by death or otherwise, the Governor, by and with the advice and consent of the Senate, shall fill such vacancy by appointment as provided in this subsection.

        (2)    The Governor shall appoint one of three individuals whose names are submitted to the Governor in writing, within 30 days after the occurrence of the vacancy, by the State Central Committee of the political party, if any, with which the vacating Comptroller had been affiliated at the time of the Comptroller’s last election or appointment.

        (3)    Each individual whose name is submitted to the Governor must have been a registered voter affiliated with the political party of the vacating Comptroller on the date immediately preceding the date on which the vacancy occurred.

        (4)    The Governor shall make the appointment within 15 days after names are submitted by the State Central Committee of the appropriate political party.

        (5)    If names are not submitted by the State Central Committee of the appropriate political party within 30 days after the occurrence of the vacancy, the Governor shall appoint within another period of 15 days any qualified individual who was a registered voter affiliated with the political party of the vacating Comptroller on the date immediately preceding the date on which the vacancy occurred.

        (6)    If the vacating Comptroller was not affiliated with a political party at the time of the Comptroller’s last election or appointment, the Governor shall appoint any qualified individual within 15 days after the occurrence of the vacancy.

        (7)    Except as provided in paragraph (8) of this subsection, an individual appointed under this subsection shall serve until a successor is elected under paragraph (9) of this subsection to fill the remainder of the term.

        (8)    An individual appointed under this subsection shall serve for the remainder of the term if the vacancy occurs after the date that is 21 days before the deadline for filing certificates of candidacy for the regular statewide election that is held in the second year of the term.

        (9)    If the vacancy occurs on or before the date that is 21 days before the deadline for filing certificates of candidacy for the regular statewide election that is held in the second year of the term, the Governor shall issue a proclamation immediately after the occurrence of the vacancy declaring that a special primary election and a special general election shall be held at the same time as the regular statewide primary election and regular statewide general election that are held in the second year of the term.

    (d)    In case of a vacancy in the office of the Treasurer by death or otherwise, the Deputy Treasurer shall act as Treasurer until the next regular or extraordinary session of the Legislature following the creation of the vacancy, whereupon the Legislature shall choose a successor to serve for the duration of the unexpired term of office.

    (e)    The Comptroller and the Treasurer shall keep their offices at the seat of government, and shall take such oaths and enter into such bonds for the faithful discharge of their duties as are now or may hereafter be prescribed by law.



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