Authorizes the governor to fill vacancy in the office of lieutenant-governor on confirmation of both houses of the legislature; allows the governor to leave the state without transmitting power to lieutenant-governor; establishes the process for lieutenant-governor to act as governor during incapacitation of the governor.
STATE OF NEW YORK
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5592
2025-2026 Regular Sessions
IN SENATE
February 25, 2025
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Introduced by Sen. LIU -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to sections 5 and 6 of article 4 of the constitu-
tion, relating to the filling of vacancies in the office of lieuten-
ant-governor and the powers and duties of such office
1 Section 1. Resolved (if the Assembly concur), That the third undesig-
2 nated paragraph of section 5 of article 4 of the constitution be amended
3 to read as follows:
4 In case the governor is impeached[, is absent from the state or is
5 otherwise unable to discharge the powers and duties of the office of
6 governor], the lieutenant-governor shall act as governor until [the
7 inability shall cease or until] the term of the governor shall expire.
8 Whenever the governor transmits to the temporary president of the senate
9 and speaker of the assembly the governor's written declaration that they
10 are unable to discharge the powers and duties of the office, and until
11 they transmit to them a written declaration to the contrary, such powers
12 and duties shall be discharged by the lieutenant-governor as acting
13 governor. Whenever the lieutenant-governor and a majority of either the
14 principal officers of the executive department or of such other body as
15 the legislature may by law provide transmit to the temporary president
16 of the senate and the speaker of the assembly their written declaration
17 that the governor is unable to discharge the powers and duties of the
18 office, the lieutenant-governor shall immediately assume the powers and
19 duties of the office as acting governor. Thereafter, when the governor
20 transmits to the temporary president of the senate and the speaker of
21 the assembly the governor's written declaration that no inability
22 exists, they shall resume the powers and duties of the office unless the
23 lieutenant-governor and a majority of either the principal officers of
24 the executive department or of such other body as the legislature may by
25 law provide transmit within four days to the temporary president of the
26 senate and the speaker of the assembly their written declaration that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89094-01-5
S. 5592 2
1 the governor is unable to discharge the powers and duties of the office.
2 Thereupon the legislature shall decide the issue, assembling within
3 forty-eight hours for that purpose if not in session. If the legisla-
4 ture, within twenty-one days after receipt of the latter written decla-
5 ration, or, if the legislature is not in session, within twenty-one days
6 after the legislature is required to assemble, determines by two-thirds
7 vote of both houses that the governor is unable to discharge the powers
8 and duties of the office, the lieutenant-governor shall continue to
9 discharge the same as acting governor; otherwise, the governor shall
10 resume the powers and duties of the office.
11 § 2. Resolved (if the Assembly concur), That the third, fourth and
12 fifth undesignated paragraphs of section 6 of article 4 of the constitu-
13 tion be amended to read as follows:
14 In case of vacancy in the offices of both governor and lieutenant-gov-
15 ernor or if both of them shall be impeached[, absent from the state] or
16 otherwise unable to discharge the powers and duties of the office of
17 governor, the temporary president of the senate shall act as governor
18 until the inability shall cease or until a governor shall be elected.
19 In case of vacancy in the office of lieutenant-governor alone, or if
20 the lieutenant-governor shall be [impeached, absent from the state or
21 otherwise] unable to discharge the duties of office, the temporary pres-
22 ident of the senate shall perform all the duties of lieutenant-governor
23 [during] until such vacancy be filled or during the pendency of such
24 inability. In case of the removal of the lieutenant-governor alone from
25 office or of the lieutenant-governor's death, resignation, impeachment
26 or ascension to governor, the office of lieutenant-governor shall be
27 filled for the remainder of the term by appointment of the governor,
28 subject to confirmation of such appointment by majority vote of each
29 house of the legislature.
30 If, when the duty of acting as governor devolves upon the temporary
31 president of the senate, there be a vacancy in such office or the tempo-
32 rary president of the senate shall be [absent from the state or other-
33 wise] unable to discharge the duties of governor, the speaker of the
34 assembly shall act as governor during such vacancy or inability.
35 § 3. Resolved (if the Assembly concur), That the foregoing amendment
36 be referred to the first regular legislative session convening after the
37 next succeeding general election of members of the assembly, and, in
38 conformity with section 1 of article 19 of the constitution, be
39 published for 3 months previous to the time of such election.
