STATE OF NEW YORK
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198
2011-2012 Regular Sessions
IN SENATE(Prefiled)
January 5, 2011
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Introduced by Sen. MAZIARZ -- 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 article 4 of the constitution, relating to the
filling of vacancies in the office of governor and lieutenant-governor
1 Section 1. RESOLVED (if the Assembly concur), That section 5 of arti-
2 cle 4 of the constitution be amended to read as follows:
3 § 5. In case of the removal of the governor from office or of his or
4 her death or resignation, the lieutenant-governor shall become governor
5 [for the remainder of the term] until the next general election happen-
6 ing not less than three months after the office of governor shall have
7 become vacant at which a governor and lieutenant-governor shall be
8 elected to serve the remainder of the term.
9 In case the governor-elect shall decline to serve or shall die, the
10 lieutenant-governor-elect shall become governor [for the full term]
11 until the next general election.
12 In case the governor is impeached, is absent from the state or is
13 otherwise unable to discharge the powers and duties of the office of
14 governor, the lieutenant-governor shall act as governor until the
15 inability shall cease or until [the term of the governor shall expire]
16 the next general election happening not less than three months after the
17 office of governor shall have become vacant, at which a governor and
18 lieutenant-governor shall be elected for the remainder of the term.
19 In case of the failure of the governor-elect to take the oath of
20 office at the commencement of his or her term, the lieutenant-governor-
21 elect shall act as governor until the governor shall take the oath.
22 § 2. RESOLVED (if the Assembly concur), That the foregoing amendment
23 be referred to the first regular legislative session convening after the
24 next succeeding general election of members of the assembly, and, in
25 conformity with section 1 of article 19 of the constitution, be
26 published for 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89012-01-1
