NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9021
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 gubernatorial
absence provision
PURPOSE:
To remove the constitution's prohibition on exercising the powers and
duties of the governor's and lieutenant-governor's offices from outside
of the state
SUMMARY OF PROVISIONS:
Section 1: Amends section 5 of article 4 of the Constitution. Removes
the provision that requires transfer of the governor's powers and duties
to the lieutenant-governor whenever the governor is "absent from the
state."
Section 2: Amends the third, fourth and fifth undesignated paragraphs of
section 6 of article 4 of the constitution. Removes the provision in
article IV, section 6 that requires transfer of the lieutenant-
governor's powers and duties to the temporary president of the Senate
whenever the lieutenant-governor is "absent from the state." It also
removes the provisions that prevent the lieutenant-governor and tempo-
rary president of the Senate from acting as governor when they are
"absent from the state.".
Section 3: Sets the effective date.
JUSTIFICATION:
The absence from the state provisions prevents the governor and lieuten-
ant-governor from exercising their powers and duties when they leave the
state and prevent the temporary president of the Senate from acting as
governor when the temporary president is outside the state. These
provisions are antiquated and undermines effective leadership of the
executive branch. The absence provision that applies to the governor
raises the most serious concerns. First, the provision can restrict the
governor's ability to travel outside the state to promote its interests,
especially when the next successor to the governor's office is a poli-
tical rival. Second, the provision is subject to conflicting interpreta-
tions. It provides for transfers of powers and duties when the governor
is "absent from the state or is otherwise unable." The phrase "otherwise
unable" in reference to absence makes the provision ambiguous. By fram-
ing an absence as an inability, it raises two possible interpretations.
One reading is that the governor is "unable" whenever the governor
crosses outside the state's border, triggering an automatic transfer of
power. Another interpretation is that powers and duties transfer only
when an absence makes the governor "unable" to discharge the office's
powers and duties, such as due to a communication failure. The potential
for different interpretations raises the specter of dueling claims to
the governor's powers and duties and challenges to the legality of
gubernatorial actions. Such disputes have occurred in other states,
including in recent years. Modern communications capabilities make the
absence provisions useless.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
Resolved (if the concur), That the foregoing amendment be referred to
the first regular legislative session convening after the next succeed-
ing 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
________________________________________________________________________
9021
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 gubernatorial absence provision
1 Section 1. Resolved (if the Senate concur), That section 5 of article
2 4 of the constitution be amended 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. In case the governor-e-
6 lect shall decline to serve or shall die, the lieutenant-governor-elect
7 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 or until the term of the governor shall expire.
12 In case of the failure of the governor-elect to take the oath of
13 office at the commencement of [his or her] such governor-elect's term,
14 the lieutenant-governor-elect shall act as governor until the [governor]
15 governor-elect shall take the oath.
16 § 2. Resolved (if the Senate concur), That the third, fourth and fifth
17 undesignated paragraphs of section 6 of article 4 of the constitution be
18 amended as follows:
19 In case of vacancy in the offices of both governor and lieutenant-gov-
20 ernor or if both of them shall be impeached[, absent from the state] or
21 [otherwise] unable to discharge the powers and duties of the office of
22 governor, the temporary president of the senate shall act as governor
23 until the inability shall cease or until a governor shall be elected.
24 In case of vacancy in the office of lieutenant-governor alone, or if
25 the lieutenant-governor shall be impeached[, absent from the state] or
26 [otherwise] unable to discharge the powers and duties of office, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89115-01-5
A. 9021 2
1 temporary president of the senate shall perform all the powers and
2 duties of lieutenant-governor during such vacancy or inability.
3 If, when the duty of acting as governor devolves upon the temporary
4 president of the senate, there be a vacancy in such office or the tempo-
5 rary president of the senate shall be [absent from the state or other-
6 wise] unable to discharge the duties of governor, the speaker of the
7 assembly shall act as governor during such vacancy or inability.
8 § 3. Resolved (if the Senate concur), That the foregoing amendment be
9 referred to the first regular legislative session convening after the
10 next succeeding general election of members of the assembly, and, in
11 conformity with section 1 of article 19 of the constitution, be
12 published for 3 months previous to the time of such election.
