NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9017
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
PURPOSE::
To establish procedures for filling a vacancy in the office of lieuten-
ant-governor that maintain democratic legitimacy and ensure a thorough
vetting process.
SUMMARY OF PROVISIONS::
Section 1: Amends Section 6 of Article 4 of the Constitution. This
amendment to Article IV of the Constitution establishes procedures for
filling a vacancy in the office of lieutenant-governor. Whenever there
is a vacancy, the governor shall nominate a replacement within 60 days.
Then, the Legislature has 60 days to confirm or reject the nominee. If
the majority of both houses confirm the nominee or the Legislature fails
to act, the nominee assumes the office of lieutenant-governor. Other-
wise, the governor shall nominate another individual within 30 days. The
Legislature then has 30 days to confirm or reject the nominee, subject
to the procedures above. Also, the governor may withdraw nominations,
and after any withdrawal, the governor shall nominate a new individual
within 30 days, and the Legislature will have 30 days to confirm or
reject the nominee. If the Legislature rejects two nominations, then the
governor shall appoint a lieutenant-governor from the list of successors
to the governor's office. The governor cannot appoint anyone who was
previously nominated in this process. If the governor fails to nominate
a replacement in accordance with these procedures, both houses of the
Legislature shall fill the vacancy by joint bal lot. A joint ballot
would require majority approval of both houses of the Legislature voting
together as one body.
Section 2: Sets the effective date.
JUSTIFICATION:
The Constitution lacks explicit procedures for filling a vacancy in the
office of lieutenant-governor. However, the New York State Court of
Appeals determined in 2009 that the governor has unilateral power to
fill a lieutenant-governor vacancy. This arrangement is undemocratic. It
allows an appointee to assume the popularly elected office of lieuten-
ant-governor without having been elected or confirmed by the Legisla-
ture. Further, the unilateral appointment process raises the possibility
that an appointee could succeed to the governor's office without any
public approval. Additionally, the replacement lieutenant-governor's
background and credentials may not be carefully scrutinized in this
process, making it possible that an unqualified individual could
discharge the powers and duties of the office of governor.
The reforms in this act remedy these concerns. This act ensures that
lieutenant-governor replacements have undergone scrutiny through confir-
mation by the Legislature. This provides for increased scrutiny of a
nominee's credentials and increased input from the people of New York
and their representatives. At the same time, the proposed reforms
promote efficiency in filling vacancies by establishing a swift timeline
and ensuring cohesive executive leadership by allowing the governor the
opportunity to select the lieutenant-governor.
LEGISLATIVE HISTORY::
New bill.
FISCAL IMPLICATIONS::
None to the state.
EFFECTIVE DATE::
That the foregoing amendment be referred to the first regular legisla-
tive session convening after the next succeeding general election of
members of the assembly, and, in conformity with section 1 of article 19
of the constitution, be published for 3 months previous to the time of
such election.
STATE OF NEW YORK
________________________________________________________________________
9017
2025-2026 Regular Sessions
IN ASSEMBLY
September 5, 2025
___________
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
1 Section 1. Resolved (if the Senate concur), That section 6 of article
2 4 of the constitution be amended as follows:
3 § 6. The lieutenant-governor shall possess the same qualifications of
4 eligibility for office as the governor. The lieutenant-governor shall be
5 the president of the senate but shall have only a casting vote therein.
6 The lieutenant-governor shall receive for [his or her] their services an
7 annual salary to be fixed by joint resolution of the senate and assem-
8 bly.
9 Whenever there is a vacancy in the office of the lieutenant-governor,
10 the governor shall nominate an individual within sixty days of the
11 creation of the vacancy to assume the office of lieutenant-governor for
12 the remainder of the governor's term. The nominee shall take office
13 following confirmation by a majority vote in each house of the legisla-
14 ture, within sixty days of receiving the nomination. If either house of
15 the legislature rejects the nomination within said time period, the
16 governor shall have thirty days after the rejection to nominate another
17 individual to serve as lieutenant-governor, who shall then be subject to
18 the confirmation procedure described in this paragraph except that the
19 legislature shall have thirty days to act. If the legislature fails to
20 either confirm or reject any nomination for lieutenant-governor in
21 accordance with the time periods prescribed by this section, the nominee
22 shall assume the office of lieutenant-governor.
23 The governor shall have the power to withdraw a nomination for lieu-
24 tenant-governor prior to the legislature's confirmation or rejection.
25 Whenever the governor withdraws a nomination, the governor shall have
26 thirty days from the date of the withdrawal to nominate another individ-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89116-01-5
A. 9017 2
1 ual, after which the legislature shall have thirty days to confirm or
2 reject the nominee.
3 If the legislature twice rejects the governor's nominations, then the
4 governor shall appoint an individual to assume the office of lieuten-
5 ant-governor, but the governor shall be limited to choose from among the
6 individuals listed in the line of succession to the office of governor
7 as provided by law.
8 The governor shall not appoint anyone to serve as lieutenant-governor
9 who was previously nominated to fill the same vacancy.
10 To assume the office of lieutenant-governor following confirmation by
11 the legislature or appointment by the governor, an individual must
12 resign from any existing government position.
13 If the governor does not nominate an individual to hold the office of
14 lieutenant-governor in accordance with the time periods prescribed by
15 this section, both houses of the legislature, by joint ballot, shall
16 fill the vacancy.
17 In case of vacancy in the offices of both governor and lieutenant-gov-
18 ernor, a governor and lieutenant-governor shall be elected for the
19 remainder of the term at the next general election happening not less
20 than three months after both offices shall have become vacant. No
21 election of a lieutenant-governor shall be had in any event except at
22 the time of electing a governor.
23 In case of vacancy in the offices of both governor and lieutenant-gov-
24 ernor or if both of them shall be impeached, absent from the state or
25 otherwise unable to discharge the powers and duties of the office of
26 governor, the temporary president of the senate shall act as governor
27 until the inability shall cease or until a governor shall be elected.
28 In case of vacancy in the office of lieutenant-governor alone, or if
29 the lieutenant-governor shall be impeached, absent from the state or
30 otherwise unable to discharge the powers and duties of office, the
31 temporary president of the senate shall perform all the powers and
32 duties of lieutenant-governor during such vacancy or inability.
33 If, when the duty of acting as governor devolves upon the temporary
34 president of the senate, there be a vacancy in such office or the tempo-
35 rary president of the senate shall be absent from the state or otherwise
36 unable to discharge the powers and duties of governor, the speaker of
37 the assembly shall act as governor during such vacancy or inability.
38 The legislature may provide for the devolution of the duty of acting
39 as governor in any case not provided for in this article.
40 § 2. Resolved (if the Senate concur), That the foregoing amendment be
41 referred to the first regular legislative session convening after the
42 next succeeding general election of members of the assembly, and, in
43 conformity with section 1 of article 19 of the constitution, be
44 published for 3 months previous to the time of such election.
