S T A T E O F N E W Y O R K
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6672
2025-2026 Regular Sessions
I N A S S E M B L Y
March 7, 2025
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Introduced by M. of A. TANNOUSIS -- read once and referred 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
Section 1. Resolved (if the Senate concur), That the third undesig-
nated paragraph of section 5 of article 4 of the constitution be amended
to read as follows:
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.
WHENEVER THE GOVERNOR TRANSMITS TO THE TEMPORARY PRESIDENT OF THE SENATE
AND SPEAKER OF THE ASSEMBLY THE GOVERNOR'S WRITTEN DECLARATION THAT THEY
ARE UNABLE TO DISCHARGE THE POWERS AND DUTIES OF THE OFFICE, AND UNTIL
THEY TRANSMIT TO THEM A WRITTEN DECLARATION TO THE CONTRARY, SUCH POWERS
AND DUTIES SHALL BE DISCHARGED BY THE LIEUTENANT-GOVERNOR AS ACTING
GOVERNOR. WHENEVER THE LIEUTENANT-GOVERNOR AND A MAJORITY OF EITHER THE
PRINCIPAL OFFICERS OF THE EXECUTIVE DEPARTMENT OR OF SUCH OTHER BODY AS
THE LEGISLATURE MAY BY LAW PROVIDE TRANSMIT TO THE TEMPORARY PRESIDENT
OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY THEIR WRITTEN DECLARATION
THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF THE
OFFICE, THE LIEUTENANT-GOVERNOR SHALL IMMEDIATELY ASSUME THE POWERS AND
DUTIES OF THE OFFICE AS ACTING GOVERNOR. THEREAFTER, WHEN THE GOVERNOR
TRANSMITS TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY THE GOVERNOR'S WRITTEN DECLARATION THAT NO INABILITY
EXISTS, THEY SHALL RESUME THE POWERS AND DUTIES OF THE OFFICE UNLESS THE
LIEUTENANT-GOVERNOR AND A MAJORITY OF EITHER THE PRINCIPAL OFFICERS OF
THE EXECUTIVE DEPARTMENT OR OF SUCH OTHER BODY AS THE LEGISLATURE MAY BY
LAW PROVIDE TRANSMIT WITHIN FOUR DAYS TO THE TEMPORARY PRESIDENT OF THE
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
A. 6672 2
THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF THE OFFICE.
THEREUPON THE LEGISLATURE SHALL DECIDE THE ISSUE, ASSEMBLING WITHIN
FORTY-EIGHT HOURS FOR THAT PURPOSE IF NOT IN SESSION. IF THE LEGISLA-
TURE, WITHIN TWENTY-ONE DAYS AFTER RECEIPT OF THE LATTER WRITTEN DECLA-
RATION, OR, IF THE LEGISLATURE IS NOT IN SESSION, WITHIN TWENTY-ONE DAYS
AFTER THE LEGISLATURE IS REQUIRED TO ASSEMBLE, DETERMINES BY TWO-THIRDS
VOTE OF BOTH HOUSES THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS
AND DUTIES OF THE OFFICE, THE LIEUTENANT-GOVERNOR SHALL CONTINUE TO
DISCHARGE THE SAME AS ACTING GOVERNOR; OTHERWISE, THE GOVERNOR SHALL
RESUME THE POWERS AND DUTIES OF THE OFFICE.
§ 2. Resolved (if the Senate concur), That the third, fourth and fifth
undesignated paragraphs of section 6 of article 4 of the constitution be
amended to read as follows:
In case of vacancy in the offices of both governor and lieutenant-gov-
ernor or if both of them shall be impeached[, absent from the state] or
otherwise unable to discharge the powers and duties of the office of
governor, the temporary president of the senate shall act as governor
until the inability shall cease or until a governor shall be elected.
In case of vacancy in the office of lieutenant-governor alone, or if
the lieutenant-governor shall be [impeached, absent from the state or
otherwise] unable to discharge the duties of office, the temporary pres-
ident of the senate shall perform all the duties of lieutenant-governor
[during] UNTIL such vacancy BE FILLED or DURING THE PENDENCY OF SUCH
inability. IN CASE OF THE REMOVAL OF THE LIEUTENANT-GOVERNOR ALONE FROM
OFFICE OR OF THE LIEUTENANT-GOVERNOR'S DEATH, RESIGNATION, IMPEACHMENT
OR ASCENSION TO GOVERNOR, THE OFFICE OF LIEUTENANT-GOVERNOR SHALL BE
FILLED FOR THE REMAINDER OF THE TERM BY APPOINTMENT OF THE GOVERNOR,
SUBJECT TO CONFIRMATION OF SUCH APPOINTMENT BY MAJORITY VOTE OF EACH
HOUSE OF THE LEGISLATURE.
If, when the duty of acting as governor devolves upon the temporary
president of the senate, there be a vacancy in such office or the tempo-
rary president of the senate shall be [absent from the state or other-
wise] unable to discharge the duties of governor, the speaker of the
assembly shall act as governor during such vacancy or inability.
§ 3. 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.