senate Bill S198

2011-2012 Legislative Session

Provides for filling of vacancies in the office of governor and lt. governor

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2012 opinion referred to judiciary
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to judiciary
Apr 27, 2011 opinion referred to judiciary
Jan 14, 2011 to attorney-general for opinion
Jan 05, 2011 referred to judiciary

S198 - Bill Details

See Assembly Version of this Bill:
A1356
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 ยง5, Constn
Versions Introduced in 2009-2010 Legislative Session:
S6126, A1141

S198 - Bill Texts

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Provides for filling of vacancies in the office of governor and lieutenant-governor.

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BILL NUMBER:S198

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
Provides for the filling of vacancies in the offices of governor and
lieutenant-governor in the event of the governor's death,
resignation, removal, or any other absence from office.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1, Provides that section 5 of article 4 of the constitution be
amended by removing the provision that a lieutenant-governor
succeeding to the office of governor shall become governor "for the
remainder of the term," and replaces it with the provision that the
lieutenant-governor shall become governor "until the next general
election happening not less than three months after the office of
governor shall have become vacant, at which a governor and
lieutenant-governor shall be elected to serve the remainder of the
term." In case the governor-elect shall decline to serve or shall
die, the provision stating that the lieutenant-governor-elect shall
become governor "for the full term," will he replaced by a provision
stating that the lieutenant-governor-elect shall become governor
"until the next general election." At this time, an election will be
held for the office, the winner of which will serve out the remainder
of the term. The provision stating that in the event the governor is
impeached, absent from the state, or is otherwise unable to discharge
the powers and duties of the office of governor, the
lieutenant-governor shall act as governor until the inability shall
cease or "until the term of the governor shall expire," will
be replaced by a provision stating that the lieutenant-governor
shall act as governor only until the inability shall cease or "until
the next general election happening not less than three months after
the office of governor shall have become vacant, at which a new
governor and lieutenant-governor shall be elected for the remainder
of the term."

Section 2. Provides that the proposed amendment be referred to the
first regular legislative session convening after the next succeeding
general election of members of the assembly, and be published for
three months previous to the time of such election in accordance with
section 1 of article 19 of the constitution.

JUSTIFICATION:
As the constitution currently reads, the lieutenant governor, when
succeeding to the office of governor, is not required to come before
the voters of the state in an election. Given the considerable
influence of the governor, the voters should have the ability to
directly choose who they want filling this office for such an
extended period of time as up to four years. The voters of the state
should be given the opportunity
to either approve of or reject the new governor via their vote in an


election. It demonstrates a lack of direct democratic participation
in this process for the consent of the voters to be left out of this
momentous decision and should be corrected. With this amendment, the
power to fill this important office will be more immediately returned
to the voters of the state.

PRIOR LEGISLATIVE HISTORY:;
S.6126/A.1141 of 2009/2010; Opinion referred to judiciary

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect upon amendment of the constitution pursuant
to its provisions.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   198

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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

  Section 1.  RESOLVED (if the Assembly concur), That section 5 of arti-
cle 4 of the constitution be amended to read as follows:
  S 5. In case of the removal of the governor from office or of  his  or
her  death or resignation, the lieutenant-governor shall become governor
[for the remainder of the term] UNTIL THE NEXT GENERAL ELECTION  HAPPEN-
ING  NOT  LESS THAN THREE MONTHS AFTER THE OFFICE OF GOVERNOR SHALL HAVE
BECOME VACANT AT WHICH  A  GOVERNOR  AND  LIEUTENANT-GOVERNOR  SHALL  BE
ELECTED TO SERVE THE REMAINDER OF THE TERM.
  In  case  the  governor-elect shall decline to serve or shall die, the
lieutenant-governor-elect shall become  governor  [for  the  full  term]
UNTIL THE NEXT GENERAL ELECTION.
  In  case  the  governor  is  impeached, is absent from the state or is
otherwise unable to discharge the powers and duties  of  the  office  of
governor,  the  lieutenant-governor  shall  act  as  governor  until the
inability shall cease or until [the term of the governor  shall  expire]
THE NEXT GENERAL ELECTION HAPPENING NOT LESS THAN THREE MONTHS AFTER THE
OFFICE  OF  GOVERNOR  SHALL  HAVE BECOME VACANT, AT WHICH A GOVERNOR AND
LIEUTENANT-GOVERNOR SHALL BE ELECTED FOR THE REMAINDER OF THE TERM.
  In case of the failure of the  governor-elect  to  take  the  oath  of
office  at the commencement of his or her term, the lieutenant-governor-
elect shall act as governor until the governor shall take the oath.
  S 2. RESOLVED (if the Assembly concur), That the  foregoing  amendment
be referred to the first regular legislative 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89012-01-1

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