Relates to the line of succession for the governor and lieutenant-governor in cases where they are impeached or unable to perform the duties of the office.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9018
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 line of succession
to the office of the governor
PURPOSE::
To address flaws in the constitution's gubernatorial line of succession
provisions by creating procedures to protect separation of powers,
resolving ambiguities and gaps, expanding the Legislature's authority to
enact gubernatorial succession legislation, and eliminating the
provision that transfers powers and duties due to absences from the
state.
SUMMARY OF PROVISIONS::
Section 1: Amends Section 5 of Article 4 of the Constitution. This
section (1) clarifies the events that end an acting-governor's tenure by
triggering transfers of powers and duties back to the incumbent governor
or to a newly elected governor; (2) removes the provision in the consti-
tution's article IV, section 5 that requires transfer of the governor's
powers and duties to the lieutenant-governor whenever the governor is
"absent from the state"; and (3) authorizes the Legislature to create
succession procedures if: (a) both the governor-elect and lieutenant-
governor-elect decline to serve, die, are ineligible, or are unable
before the commencement of the term;
(b) the lieutenant-governor-elect is ineligible or unable at the
commencement of the term; or (c) the election fails to produce a result.
Section 2: Amends Section 6 of Article 4 of the Constitution. This
section (1) removes the provisions in article IV, section 6 that (a)
require transfer of the lieutenant-governor's powers and duties whenever
the lieutenant-governor is "absent from the state" and (b) prevent the
lieutenant-governor and temporary president of the Senate from acting as
governor when they are "absent from the state"; (2) prohibits the tempo-
rary president of the Senate from exercising a casting (tie-breaking)
vote in the Senate while acting as lieutenant-governor; (3) requires
lawmakers who act as governor for over 60 days to resign from their
legislative office and prohibits those who act as governor for less than
60 days from exercising legislative powers; (4) allows lawmakers to
decline acting as governor; (5) requires that a line of succession to
the governor's office enacted by the Legislature consist of statewide
elected officers, members of the Legislature, or heads of executive
departments who have been confirmed by the Senate, or a combination
thereof; (6) requires that a successor take an oath or affirmation
before acting as governor; and (7) clarifies that an acting-governor is
authorized to discharge all the powers and duties of the office of
governor.
Section 3: Sets the effective date.
JUSTIFICATION::
The constitution's current provisions for the gubernatorial line of
succession undermine separation of powers principles, contain ambigui-
ties and gaps, and create the risk of instability in the executive
branch. This amendment would alleviate these concerns.
This amendment strengthens the separation of powers by preventing
successors from simultaneously exercising powers in two branches of
government. The constitution lists the temporary president of the Senate
and speaker of the Assembly as the next successors to the governor's
office after the lieutenant-governor. This amendment would require those
lawmakers to resign from the Legislature if they serve as acting-gover-
nor for more than 60 days. It would also prevent them from exercising
legislative powers if they act as governor for less than 60 days. With-
out these requirements, members of the legislative branch, if acting as
governor, could both shape and vote on legislation as lawmakers and sign
or veto such legislation as acting-governor. This mixing of powers
between branches undermines the separation of powers. Given that lawmak-
ers may wish to retain their legislative offices if called upon to act
as governor, this amendment allows them to decline serving as acting-
governor.
To further prevent excessive mixing of powers between the branches, this
amendment prevents the temporary president of the Senate, if acting as
lieutenant-governor, from having the lieutenant-governor's "tie-breaking
vote" in the Senate.
Next, this amendment provides for the possibility that an official in
the line of Succession to the governor's office might be incapacitated.
By requiring that a successor take an oath or affirmation before serving
as acting-governor, the amendment prevents an incapacitated official
from becoming acting-governor.
This amendment also introduces criteria for successors beyond those
listed in the constitution. It mandates that officials in a line of
succession created by the Legislature be (1) statewide elected officers;
(2) members of the Legislature; or (3) heads of executive departments
who have been Senate-confirmed to lead their departments, or a combina-
tion thereof. This limitation ensures that all successors have meaning-
ful democratic legitimacy. Statewide elected officers-the attorney
general and comptroller-and lawmakers have been selected by New York
voters, and executive department heads have been nominated by the gover-
nor and confirmed by the people's representatives in the Senate. Addi-
tionally, the eligibility requirements ensure that successors are
prepared to serve as acting-governor. Statewide elected officials and
department heads are likely familiar with the governor's responsibil-
ities, and, having led executive departments, these officials are likely
to possess the leadership skills and experience in government adminis-
tration necessary to act as governor. Lawmakers have relevant expertise
through their work on a wide range of policy issues:
To further minimize the risk of confusion regarding when succession
procedures may be invoked, this amendment authorizes the Legislature to
provide procedures for situations that the constitution does not explic-
itly address. The constitution currently only authorizes the Legislature
to provide procedures for one pre-inaugural contingency: the governor-
elect's death, declination, or failure to take the office at the
commencement of the term. Therefore, this amendment authorizes the
Legislature to provide for cases where (1) both the governor-elect and
lieutenant-governor-elect decline to serve, die, are ineligible, or are
unable before the commencement of the term; (2) the lieutenant-gover-
nor-elect is ineligible or unable at the commencement of the term; and
(3) the election fails to produce a result. Providing these powers
allows lawmakers to address a broader range of succession contingencies.
The amendment also clarifies ambiguous language. It implements consist-
ent language to specify the events by which the acting-governor will
cease to act as governor and the incumbent governor or a newly elected
governor will assume the powers and duties of office. Additionally, this
bill expressly provides that the acting-governor is authorized to
discharge all powers and duties of the office of governor. This guaran-
tees that acting-governors are not limited in their ability to govern.
Finally, the amendment eliminates the provisions that (1) require trans-
fers of power when the governor or lieutenant-governor are "absent from
the state" and (2) prevent the lieutenant-governor, temporary president
of the Senate, and speaker of the Assembly from serving as acting-gover-
nor if they are "absent from the state." These provisions are anti-
quated, can discourage officials from travelling outside the state, and
can cause disputes about the legality of gubernatorial actions and who
is authorized to discharge the powers and duties of the governor's
office.
LEGISLATIVE HISTORY::
New bill.
FISCAL IMPLICATIONS::
None to the state.
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9018
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 line of succession to the office of the governor
1 Section 1. Resolved (if the Senate concur), That section 5 of article
2 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] the governor's death or resignation, the lieutenant-governor shall
5 become governor for the remainder of the term.
6 In case the governor-elect shall decline to serve or shall die, the
7 lieutenant-governor-elect shall become governor for the full term.
8 In case the governor is impeached[, is absent from the state] or is
9 [otherwise] unable to discharge the powers and duties of the office of
10 governor, the lieutenant-governor shall act as governor until the
11 [inability shall cease] governor is acquitted or becomes able or until
12 the term of the governor shall expire.
13 In case of the failure of the governor-elect to take the oath of
14 office at the commencement of [his or her] such governor-elect's term,
15 the lieutenant-governor-elect shall act as governor until the governor
16 shall take the oath.
17 The legislature shall by law provide for the cases wherein (1) both
18 the governor-elect and the lieutenant-governor-elect shall decline to
19 serve, die, be ineligible for office or be unable to take the oath of
20 office at the commencement of the term; (2) the lieutenant-governor-e-
21 lect alone shall be ineligible for office or unable to take the oath of
22 office at the commencement of the term; and (3) the election fails to
23 produce a result.
24 § 2. Resolved (if the Senate concur), That section 6 of article 4 of
25 the constitution be amended to read as follows:
26 § 6. The lieutenant-governor shall possess the same qualifications of
27 eligibility for office as the governor. The lieutenant-governor shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89118-02-5
A. 9018 2
1 the president of the senate but shall have only a casting vote therein.
2 The lieutenant-governor shall receive [for his or her services] an annu-
3 al salary to be fixed by joint resolution of the senate and assembly.
4 In case of vacancy in the offices of both governor and lieutenant-gov-
5 ernor, a governor and lieutenant-governor shall be elected for the
6 remainder of the term at the next general election happening not less
7 than three months after both offices shall have become vacant. No
8 election of a lieutenant-governor shall be had in any event except at
9 the time of electing a governor.
10 In case of vacancy in the offices of both governor and lieutenant-gov-
11 ernor or if both of them shall be impeached[, absent from the state] or
12 [otherwise] unable to discharge the powers and duties of the office of
13 governor, the temporary president of the senate shall act as governor
14 [until the inability shall cease or] until a new governor shall be
15 elected, or until the governor or lieutenant-governor is acquitted or
16 becomes able.
17 In case of vacancy in the office of lieutenant-governor alone, or if
18 the lieutenant-governor shall be impeached[, absent from the state] or
19 [otherwise] unable to discharge the powers and duties of office, the
20 temporary president of the senate shall perform all the powers and
21 duties of lieutenant-governor during such vacancy or inability, except
22 the temporary president of the senate shall not have a casting vote.
23 If, when the duty of acting as governor devolves upon the temporary
24 president of the senate, there be a vacancy in such office or the tempo-
25 rary president of the senate shall be [absent from the state or other-
26 wise] unable to discharge the powers and duties of the office of gover-
27 nor, the speaker of the assembly shall act as governor [during such
28 vacancy] until a new governor shall be elected, or [inability] until the
29 governor or lieutenant-governor is acquitted or becomes able.
30 Whenever the temporary president of the senate or the speaker of the
31 assembly shall act as governor, that officer shall be required to vacate
32 that officer's seat in the legislature and the temporary president of
33 the senate or speaker of the assembly position and shall remain eligible
34 to act as governor following resignation. Notwithstanding the foregoing,
35 if the temporary president of the senate or the speaker of the assembly
36 shall act as governor when the governor or lieutenant-governor is under
37 impeachment or unable, the temporary president of the senate or speaker
38 of the assembly shall not be required to vacate that officer's seat in
39 the legislature and the temporary president of the senate or speaker of
40 the assembly position until they have served as acting governor for
41 sixty consecutive days. However, while serving as acting governor during
42 such sixty-day period, that officer shall not be permitted to discharge
43 any powers and duties of that officer's seat in the legislature or any
44 powers and duties of the temporary president of the senate or speaker of
45 the assembly position. The temporary president of the senate or speaker
46 of the assembly may decline to act as governor, making them unable to
47 act as governor.
48 The legislature [may] shall provide for the devolution of the duty of
49 acting as governor in [any case not] beyond the cases provided for in
50 this article. A line of succession provided by the legislature shall
51 consist of either statewide elected officers, members of the legisla-
52 ture, or heads of executive departments who have been confirmed by the
53 senate to lead their departments, or a combination thereof. If the duty
54 of acting as governor devolves upon any official in a line of succession
55 provided by the legislature, such official shall act as governor until a
A. 9018 3
1 new governor shall be elected, or until the governor or lieutenant-gov-
2 ernor is acquitted or becomes able.
3 Before serving as acting governor, an official shall take an oath or
4 affirmation to faithfully discharge the powers and duties of the office
5 of governor. Failure to take such oath or affirmation shall make an
6 official unable to act as governor.
7 If an official acts as governor under this section, the official shall
8 discharge all the powers and duties of the office of governor as if the
9 official had been elected governor.
10 § 3. Resolved (if the Senate concur), That the foregoing amendment be
11 referred to the first regular legislative session convening after the
12 next succeeding general election of members of the assembly, and, in
13 conformity with section 1 of article 19 of the constitution, be
14 published for 3 months previous to the time of such election.
