S T A T E O F N E W Y O R K
________________________________________________________________________
5826
2025-2026 Regular Sessions
I N A S S E M B L Y
February 20, 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 or
governor
Section 1. Resolved (if the Senate concur), That section 6 of article
4 of the constitution be amended by adding new fourth, seventh, eighth,
and ninth undesignated paragraphs to read as follows:
IN CASE OF VACANCY IN THE OFFICE OF LIEUTENANT-GOVERNOR ALONE, DUE TO
DEATH, RESIGNATION, REMOVAL FROM OFFICE, OR ASCENSION TO GOVERNOR, THE
OFFICE OF LIEUTENANT-GOVERNOR SHALL BE FILLED FOR THE REMAINDER OF THE
TERM BY APPOINTMENT OF THE GOVERNOR WITHIN FORTY-FIVE DAYS OF SUCH
VACANCY, DEATH, RESIGNATION, REMOVAL FROM OFFICE, OR ASCENSION, SUBJECT
TO CONFIRMATION BY A MAJORITY VOTE IN THE SENATE AND A MAJORITY VOTE IN
THE ASSEMBLY TO BE HELD WITHIN FORTY-FIVE DAYS OF SUCH APPOINTMENT. IN
THE EVENT THAT THE LIEUTENANT-GOVERNOR APPOINTEE NOMINATED BY THE GOVER-
NOR IS NOT APPROVED BY A MAJORITY VOTE IN THE SENATE OR THE ASSEMBLY,
THEN THE GOVERNOR SHALL MAKE A NEW NOMINATION FOR THE OFFICE OF LIEUTEN-
ANT-GOVERNOR WITHIN THIRTY DAYS OF SUCH VOTE AND SHALL BE SUBJECT TO
CONFIRMATION BY A MAJORITY VOTE IN THE SENATE AND A MAJORITY VOTE IN THE
ASSEMBLY TO BE HELD WITHIN THIRTY DAYS OF SUCH APPOINTMENT.
IF, WHEN THE DUTY OF ACTING AS GOVERNOR DEVOLVES UPON THE SPEAKER OF
THE ASSEMBLY, THERE BE A VACANCY IN SUCH OFFICE OR THE SPEAKER OF THE
ASSEMBLY SHALL BE ABSENT FROM THE STATE OR OTHERWISE UNABLE TO DISCHARGE
THE DUTIES OF GOVERNOR, THE COMPTROLLER SHALL ACT AS GOVERNOR DURING
SUCH VACANCY OR INABILITY.
IF, WHEN THE DUTY OF ACTING AS GOVERNOR DEVOLVES UPON THE COMPTROLLER,
THERE BE A VACANCY IN SUCH OFFICE OR THE COMPTROLLER SHALL BE ABSENT
FROM THE STATE OR OTHERWISE UNABLE TO DISCHARGE THE DUTIES OF GOVERNOR,
THE ATTORNEY GENERAL SHALL ACT AS GOVERNOR DURING SUCH VACANCY OR
INABILITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89099-01-5
A. 5826 2
IF, WHEN THE DUTY OF ACTING AS GOVERNOR DEVOLVES UPON THE ATTORNEY
GENERAL, THERE BE A VACANCY IN SUCH OFFICE OR THE ATTORNEY GENERAL SHALL
BE ABSENT FROM THE STATE OR OTHERWISE UNABLE TO DISCHARGE THE DUTIES OF
GOVERNOR, THE SECRETARY OF STATE SHALL ACT AS GOVERNOR DURING SUCH
VACANCY OR INABILITY.
§ 2. Resolved (if the Senate 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.