Provides for the filling of vacancies in the office of lieutenant-governor by appointment of the governor subject to confirmation by majority vote in the senate and majority vote in the assembly; provides for an extended order of succession for the filling of a vacancy in the office of the governor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9094
SPONSOR: Buttenschon TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 4 of the constitution, in relation to the filling of vacan-
cies in the office of lieutenant-governor or governor
PURPOSE:
To make the process for selecting a new Lieutenant Governor more open
and transparent.
SUMMARY OF PROVISIONS:
Click here to enter text.Section 1 amends section 6 of article 4 of the
constitution of the State of New York by adding new provisions in case
of a vacancy in the office of Lieutenant Governor. This legislation
would give the Governor 45 days to nominate a new Lieutenant Governor
from the time a vacancy was created. Once the nominee is announced, the
legislature has 45 days to vote on the nominee. If this nominee is not
approved, the Governor has 30 days to nominate a new candidate, and the
legislature has 30 days to vote on the new nominee. The bill also chang-
es the line of succession in the constitution, changing the current
order from Assembly Speaker-Attorney General-Comptroller-Commissioner of
Transportation to Assembly Speaker- Comptroller-Attorney General-Secre-
tary of State.
EXISTING LAW:
New Bill
JUSTIFICATION:
Past vacancies in the office of Lieutenant Governor called attention to
the fact that under current law, there is no method available to appoint
a new Lieutenant Governor. This bill would enact a system identical to
the one used under the Federal Constitution to fill a vacancy in the
office of the Vice-President. Requiring separate votes from each House
of the Legislature, rather than a single vote in joint session, ensures
that no single House has enough votes to confirm the nomination by
itself. It also ensures the legislature has enough time to properly
verify the candidacy of the Lieutenant Governor nominee.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None
LOCAL FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
9094
IN ASSEMBLY
February 7, 2024
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Governmental Operations
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 4 of the constitution, in relation to
the filling of vacancies in the office of lieutenant-governor or
governor
1 Section 1. Resolved (if the Senate concur), That section 6 of article
2 4 of the constitution be amended by adding new fourth, seventh, eighth,
3 and ninth undesignated paragraphs to read as follows:
4 In case of vacancy in the office of lieutenant-governor alone, due to
5 death, resignation, removal from office, or ascension to governor, the
6 office of lieutenant-governor shall be filled for the remainder of the
7 term by appointment of the governor within forty-five days of such
8 vacancy, death, resignation, removal from office, or ascension, subject
9 to confirmation by a majority vote in the senate and a majority vote in
10 the assembly to be held within forty-five days of such appointment. In
11 the event that the lieutenant-governor appointee nominated by the gover-
12 nor is not approved by a majority vote in the senate or the assembly,
13 then the governor shall make a new nomination for the office of lieuten-
14 ant-governor within thirty days of such vote and shall be subject to
15 confirmation by a majority vote in the senate and a majority vote in the
16 assembly to be held within thirty days of such appointment.
17 If, when the duty of acting as governor devolves upon the speaker of
18 the assembly, there be a vacancy in such office or the speaker of the
19 assembly shall be absent from the state or otherwise unable to discharge
20 the duties of governor, the comptroller shall act as governor during
21 such vacancy or inability.
22 If, when the duty of acting as governor devolves upon the comptroller,
23 there be a vacancy in such office or the comptroller shall be absent
24 from the state or otherwise unable to discharge the duties of governor,
25 the attorney general shall act as governor during such vacancy or
26 inability.
27 If, when the duty of acting as governor devolves upon the attorney
28 general, there be a vacancy in such office or the attorney general shall
29 be absent from the state or otherwise unable to discharge the duties of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89127-01-4
A. 9094 2
1 governor, the secretary of state shall act as governor during such
2 vacancy or inability.
3 § 2. Resolved (if the Senate concur), That the foregoing amendment be
4 referred to the first regular legislative session convening after the
5 next succeeding general election of members of the assembly, and, in
6 conformity with section 1 of article 19 of the constitution, be
7 published for 3 months previous to the time of such election.
