S T A T E O F N E W Y O R K
________________________________________________________________________
9022
2025-2026 Regular Sessions
I N A S S E M B L Y
September 5, 2025
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Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to the line of
succession to the office of governor; and to repeal article 1-A of the
New York state defense emergency act relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public officers law is amended by adding a new section
44 to read as follows:
§ 44. OFFICIALS ELIGIBLE TO ACT AS GOVERNOR. 1. FOR THE PURPOSES OF
ARTICLE FOUR OF THE CONSTITUTION, IF THE OFFICE OF GOVERNOR BECOMES
VACANT OR IF THE GOVERNOR IS IMPEACHED OR UNABLE TO DISCHARGE THE POWERS
AND DUTIES OF THE OFFICE OF GOVERNOR, AND EACH OF THE LIEUTENANT GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
BLY IS UNABLE TO ACT AS GOVERNOR OR EACH OFFICE IS VACANT, THEN THE
OFFICIAL WHO IS HIGHEST ON THE FOLLOWING LIST SHALL ACT AS GOVERNOR
UNTIL A NEW GOVERNOR IS ELECTED, OR THE GOVERNOR OR LIEUTENANT GOVERNOR
IS ACQUITTED OR BECOMES ABLE: ATTORNEY GENERAL, COMPTROLLER, COMMISSION-
ER OF TRANSPORTATION, COMMISSIONER OF HEALTH, COMMISSIONER OF FINANCIAL
SERVICES, SECRETARY OF STATE, COMMISSIONER OF LABOR AND COMMISSIONER OF
AGRICULTURE, PROVIDED THAT SUCH OFFICIAL OTHERWISE MEETS THE CRITERIA
SET FORTH IN SECTION TWO OF ARTICLE FOUR OF THE CONSTITUTION AND WAS
CONFIRMED BY THE SENATE OR ELECTED TO LEAD THE OFFICIAL'S RESPECTIVE
DEPARTMENT.
2. WHENEVER ANY OFFICIAL LISTED IN SUBDIVISION ONE OF THIS SECTION
SHALL ACT AS GOVERNOR, THAT OFFICIAL SHALL BE REQUIRED TO VACATE THE
OFFICIAL'S EXISTING POSITION AND SHALL REMAIN ELIGIBLE TO ACT AS GOVER-
NOR FOLLOWING SUCH RESIGNATION. NOTWITHSTANDING THE FOREGOING, IF ANY
OFFICIAL LISTED IN SUBDIVISION ONE OF THIS SECTION SHALL ACT AS GOVERNOR
WHEN THE GOVERNOR OR LIEUTENANT GOVERNOR IS UNDER IMPEACHMENT OR UNABLE
TO DISCHARGE THE POWERS AND DUTIES OF OFFICE, SUCH OFFICIAL SHALL NOT BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11676-01-5
A. 9022 2
REQUIRED TO VACATE THAT OFFICIAL'S EXISTING POSITION UNTIL THEY HAVE
SERVED AS ACTING GOVERNOR FOR SIXTY CONSECUTIVE DAYS. HOWEVER, WHILE
SERVING AS ACTING GOVERNOR DURING SUCH SIXTY-DAY PERIOD, THAT OFFICIAL
SHALL NOT BE PERMITTED TO DISCHARGE ANY POWERS AND DUTIES OF THE OFFI-
CIAL'S ORIGINAL POSITION.
3. ANY OFFICIAL LISTED IN SUBDIVISION ONE OF THIS SECTION MAY DECLINE
TO ACT AS GOVERNOR, MAKING THEM UNABLE TO ACT AS GOVERNOR. IN THE EVENT
ANY OFFICIAL LISTED IN SUBDIVISION ONE OF THIS SECTION IS UNABLE TO ACT
AS GOVERNOR OR IS INELIGIBLE TO DO SO, THE OFFICIAL NEXT HIGHEST ON THE
LIST WHO IS ELIGIBLE AND ABLE SHALL ACT AS GOVERNOR UNTIL A NEW GOVERNOR
IS ELECTED, OR THE GOVERNOR OR LIEUTENANT GOVERNOR IS ACQUITTED OR
BECOMES ABLE.
4. 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.
§ 2. Article 1-A of chapter 784 of the laws of 1951, constituting the
New York state defense emergency act, is REPEALED.
§ 3. This act shall take effect on the same date as a "CONCURRENT
RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article
4 of the constitution, to the line of succession to the office of the
governor" takes effect, in accordance with section 1 of article 19 of
the constitution.