ALBANY, NY — Joseph Hernandez, Republican candidate for New York State Comptroller, today warned he will take legal action against Governor Kathy Hochul if her proposed language in the Executive Budget is enacted which would weaken the Comptroller’s independent oversight authority.
As proposed by the Governor, the Executive Budget would raise the Comptroller’s pre-audit review threshold from approximately $50,000 to $300,000, allowing up to $3 billion dollars in state contracts to move forward without independent scrutiny.
“The New York State Constitution is clear, the State Comptroller is the independent watchdog of taxpayer dollars,” Hernandez said. “This proposal is not reform but a calculated effort to dismantle oversight and concentrate power in the hands of politicians who do not want to be scrutinized.”
Hernandez pointed to Article V, Section 1 of the New York State Constitution, which mandates that the Comptroller audit all vouchers before payment and review official accounts, arguing that the proposal directly conflicts with that constitutional obligation.
“Our constitution is not optional and is not conditional. It should not be subject to any political negotiation,” Hernandez said. “It is required to conduct an independent review of state spending. You simply cannot carve out billions of dollars and declare them exempt.”
In fact, a bipartisan state law was enacted in 2022 that fully restored the State Comptroller’s pre-audit authority after a similar effort to undermine the Comptroller’s role led to the Buffalo Billion bid-rigging scandal.
“The State Comptroller’s role is enshrined in the state constitution for a reason,” Hernandez said. “When oversight is weakened, abuse follows. After Republicans and Democrats came together to restore the Comptroller’s ability to protect taxpayers, it’s shocking that Governor Hochul is trying to roll it back.”
He also noted that courts have consistently upheld the Comptroller’s independent pre-audit authority, reinforcing the office’s role as a critical check on executive spending. According to public estimates, raising the threshold could remove between $1 billion and $3 billion in annual spending from pre-audit oversight, dramatically increasing the risk of waste, fraud, and abuse.
“This is how corruption happens and propagates,” Hernandez said. “When oversight is weakened, when billions move without independent review, taxpayers lose while Albany insiders win.”
Hernandez made clear that he is prepared to act immediately if the proposal becomes law.
“If this unconstitutional provision remains in the final budget, I will file suit against Governor Hochul to fight it,” Hernandez said. “We will challenge it in court and defend the Constitution of the State of New York. No politician gets to weaken oversight simply because they fear accountability.”