Assembly Bill A9018

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9018
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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 line of succession to the office of the governor

   Section  1. Resolved (if the Senate concur), That section 5 of article
 4 of the constitution be amended to read as follows:
   § 5. In case of the removal of the governor from office or of [his  or
 her]  THE GOVERNOR'S death or resignation, the lieutenant-governor shall
 become governor for 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.
   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] GOVERNOR IS ACQUITTED OR BECOMES ABLE  or  until
 the term of the governor shall expire.
   In  case  of  the  failure  of  the governor-elect to take the oath of
 office at the commencement of [his or her] SUCH  GOVERNOR-ELECT'S  term,
 the  lieutenant-governor-elect  shall act as governor until the governor
 shall take the oath.
   THE LEGISLATURE SHALL BY LAW PROVIDE FOR THE CASES  WHEREIN  (1)  BOTH
 THE  GOVERNOR-ELECT  AND  THE LIEUTENANT-GOVERNOR-ELECT SHALL DECLINE TO
 SERVE, DIE, BE INELIGIBLE FOR OFFICE OR BE UNABLE TO TAKE  THE  OATH  OF
 OFFICE  AT  THE COMMENCEMENT OF THE TERM; (2) THE LIEUTENANT-GOVERNOR-E-
 LECT ALONE SHALL BE INELIGIBLE FOR OFFICE OR UNABLE TO TAKE THE OATH  OF
 OFFICE  AT  THE  COMMENCEMENT OF THE TERM; AND (3) THE ELECTION FAILS TO
 PRODUCE A RESULT.
   § 2. Resolved (if the Senate concur), That section 6 of article  4  of
 the constitution be amended to read as follows:
   §  6. The lieutenant-governor shall possess the same qualifications of
 eligibility for office as the governor. The lieutenant-governor shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89118-02-5
 A. 9018                             2
 
 the president of the senate but shall have only a casting vote  therein.
 The lieutenant-governor shall receive [for his or her services] an annu-
 al salary to be fixed by joint resolution of the senate and assembly.
   In case of vacancy in the offices of both governor and lieutenant-gov-
 ernor,  a  governor  and  lieutenant-governor  shall  be elected for the
 remainder of the term at the next general election  happening  not  less
 than  three  months  after  both  offices  shall  have become vacant. No
 election of a lieutenant-governor shall be had in any  event  except  at
 the time of electing a governor.
   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  NEW  governor  shall  be
 elected,  OR  UNTIL  THE GOVERNOR OR LIEUTENANT-GOVERNOR IS ACQUITTED OR
 BECOMES ABLE.
   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 POWERS AND  duties  of  office,  the
 temporary  president  of  the  senate  shall  perform all the POWERS AND
 duties of lieutenant-governor during such vacancy or  inability,  EXCEPT
 THE TEMPORARY PRESIDENT OF THE SENATE SHALL NOT HAVE A CASTING VOTE.
   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 POWERS AND duties of THE OFFICE OF gover-
 nor, the speaker of the assembly shall  act  as  governor  [during  such
 vacancy] UNTIL A NEW GOVERNOR SHALL BE ELECTED, or [inability] UNTIL THE
 GOVERNOR OR LIEUTENANT-GOVERNOR IS ACQUITTED OR BECOMES ABLE.
   WHENEVER  THE  TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE
 ASSEMBLY SHALL ACT AS GOVERNOR, THAT OFFICER SHALL BE REQUIRED TO VACATE
 THAT OFFICER'S SEAT IN THE LEGISLATURE AND THE  TEMPORARY  PRESIDENT  OF
 THE SENATE OR SPEAKER OF THE ASSEMBLY POSITION AND SHALL REMAIN ELIGIBLE
 TO ACT AS GOVERNOR FOLLOWING RESIGNATION. NOTWITHSTANDING THE FOREGOING,
 IF  THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY
 SHALL ACT AS GOVERNOR WHEN THE GOVERNOR OR LIEUTENANT-GOVERNOR IS  UNDER
 IMPEACHMENT  OR UNABLE, THE TEMPORARY PRESIDENT OF THE SENATE OR SPEAKER
 OF THE ASSEMBLY SHALL NOT BE REQUIRED TO VACATE THAT OFFICER'S  SEAT  IN
 THE  LEGISLATURE AND THE TEMPORARY PRESIDENT OF THE SENATE OR SPEAKER OF
 THE ASSEMBLY POSITION UNTIL THEY HAVE  SERVED  AS  ACTING  GOVERNOR  FOR
 SIXTY CONSECUTIVE DAYS. HOWEVER, WHILE SERVING AS ACTING GOVERNOR DURING
 SUCH  SIXTY-DAY PERIOD, THAT OFFICER SHALL NOT BE PERMITTED TO DISCHARGE
 ANY POWERS AND DUTIES OF THAT OFFICER'S SEAT IN THE LEGISLATURE  OR  ANY
 POWERS AND DUTIES OF THE TEMPORARY PRESIDENT OF THE SENATE OR SPEAKER OF
 THE  ASSEMBLY POSITION. THE TEMPORARY PRESIDENT OF THE SENATE OR SPEAKER
 OF THE ASSEMBLY MAY DECLINE TO ACT AS GOVERNOR, MAKING  THEM  UNABLE  TO
 ACT AS GOVERNOR.
   The  legislature [may] SHALL provide for the devolution of the duty of
 acting as governor in [any case not] BEYOND THE CASES  provided  for  in
 this  article.    A LINE OF SUCCESSION PROVIDED BY THE LEGISLATURE SHALL
 CONSIST OF EITHER STATEWIDE ELECTED OFFICERS, MEMBERS  OF  THE  LEGISLA-
 TURE,  OR  HEADS OF EXECUTIVE DEPARTMENTS WHO HAVE BEEN CONFIRMED BY THE
 SENATE TO LEAD THEIR DEPARTMENTS, OR A COMBINATION THEREOF. IF THE  DUTY
 OF ACTING AS GOVERNOR DEVOLVES UPON ANY OFFICIAL IN A LINE OF SUCCESSION
 PROVIDED BY THE LEGISLATURE, SUCH OFFICIAL SHALL ACT AS GOVERNOR UNTIL A
 A. 9018                             3
 
 NEW  GOVERNOR SHALL BE ELECTED, OR UNTIL THE GOVERNOR OR LIEUTENANT-GOV-
 ERNOR IS ACQUITTED OR BECOMES ABLE.
   BEFORE  SERVING  AS ACTING GOVERNOR, AN OFFICIAL SHALL TAKE AN OATH OR
 AFFIRMATION TO FAITHFULLY DISCHARGE THE POWERS AND DUTIES OF THE  OFFICE
 OF  GOVERNOR.  FAILURE  TO  TAKE  SUCH OATH OR AFFIRMATION SHALL MAKE AN
 OFFICIAL UNABLE TO ACT AS GOVERNOR.
   IF AN OFFICIAL ACTS AS GOVERNOR UNDER THIS SECTION, THE OFFICIAL SHALL
 DISCHARGE ALL THE POWERS AND DUTIES OF THE OFFICE OF GOVERNOR AS IF  THE
 OFFICIAL HAD BEEN ELECTED GOVERNOR.
   §  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.