NY State Senate Bill 2025-S7814

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2025	opinion referred to judiciary
May 12, 2025	to attorney-general for opinion
May 09, 2025	referred to judiciary

2025-S7814 (ACTIVE) - Details

See Assembly Version of this Bill:: A9017
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 4 §6, Constn

2025-S7814 (ACTIVE) - Summary

Requires vacancies in the office of lieutenant-governor to be filled within certain timeframes and procedures.

2025-S7814 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7814

SPONSOR: SKOUFIS
 
TITLE OF BILL:  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

 
PURPOSE:

To establish procedures for filling a vacancy in the office of lieuten-
ant-governor that maintain democratic legitimacy and ensure a thorough
vetting process.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 6 of Article 4 of the Constitution. This
amendment to Article IV of the Constitution establishes procedures for
filling a vacancy in the office of lieutenant-governor. Whenever there
is a vacancy, the governor shall nominate a replacement within 60 days.
Then, the Legislature has 60 days to confirm or reject the nominee. If
the majority of both houses confirm the nominee or the Legislature fails

to act, the nominee assumes the office of lieutenant-governor. Other-
wise, the governor shall nominate another individual within 30 days. The
Legislature then has 30 days to confirm or reject the nominee, subject
to the procedures above. Also, the governor may withdraw nominations,
and after any withdrawal, the governor shall nominate a new individual
within 30 days, and the Legislature will have 30 days to confirm or
reject the nominee. If the Legislature rejects two nominations, then the
governor shall appoint a lieutenant-governor from the list of successors
to the governor's office. The governor cannot appoint anyone who was
previously nominated in this process. If the governor fails to nominate
a replacement in accordance with these procedures, both houses of the
Legislature shall fill the vacancy by joint bal lot. A joint ballot
would require majority approval of both houses of the Legislature voting
together as one body.

Section 2: Sets the effective date.

 
JUSTIFICATION:

The Constitution lacks explicit procedures for filling a vacancy in the
office of lieutenant-governor. However, the New York State Court of
Appeals determined in 2009 that the governor has unilateral power to
fill a lieutenant-governor vacancy. This arrangement is undemocratic. It
allows an appointee to assume the popularly elected office of lieuten-
ant-governor without having been elected or confirmed by the Legisla-
ture. Further, the unilateral appointment process raises the possibility
that an appointee could succeed to the governor's office without any
public approval.  Additionally, the replacement lieutenant-governor's
background and credentials may not be carefully scrutinized in this
process, making it possible that an unqualified individual could
discharge the powers and duties of the office of governor.

The reforms in this act remedy these concerns. This act ensures that
lieutenant-governor replacements have undergone scrutiny through confir-
mation by the Legislature. This provides for increased scrutiny of a
nominee's credentials and increased input from the people of New York
and their representatives. At the same time, the proposed reforms
promote efficiency in filling vacancies by establishing a swift timeline
and ensuring cohesive executive leadership by allowing the governor the
opportunity to select the lieutenant-governor.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
That the foregoing amendment be referred to the first regular legisla-
tive 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.

2025-S7814 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7814
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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, in relation  to
   the filling of vacancies in the office of lieutenant-governor

   Section  1. Resolved (if the Assembly concur), That section 6 of arti-
 cle 4 of the constitution be amended as follows:
   § 6. The lieutenant-governor shall possess the same qualifications  of
 eligibility for office as the governor. The lieutenant-governor shall be
 the  president of the senate but shall have only a casting vote therein.
 The lieutenant-governor shall receive for [his or her] THEIR services an
 annual salary to be fixed by joint resolution of the senate  and  assem-
 bly.
   WHENEVER  THERE IS A VACANCY IN THE OFFICE OF THE LIEUTENANT-GOVERNOR,
 THE GOVERNOR SHALL NOMINATE AN  INDIVIDUAL  WITHIN  SIXTY  DAYS  OF  THE
 CREATION  OF THE VACANCY TO ASSUME THE OFFICE OF LIEUTENANT-GOVERNOR FOR
 THE REMAINDER OF THE GOVERNOR'S TERM.  THE  NOMINEE  SHALL  TAKE  OFFICE
 FOLLOWING  CONFIRMATION BY A MAJORITY VOTE IN EACH HOUSE OF THE LEGISLA-
 TURE, WITHIN SIXTY DAYS OF RECEIVING THE NOMINATION. IF EITHER HOUSE  OF
 THE  LEGISLATURE  REJECTS  THE  NOMINATION  WITHIN SAID TIME PERIOD, THE
 GOVERNOR SHALL HAVE THIRTY DAYS AFTER THE REJECTION TO NOMINATE  ANOTHER
 INDIVIDUAL TO SERVE AS LIEUTENANT-GOVERNOR, WHO SHALL THEN BE SUBJECT TO
 THE  CONFIRMATION  PROCEDURE DESCRIBED IN THIS PARAGRAPH EXCEPT THAT THE
 LEGISLATURE SHALL HAVE THIRTY DAYS TO ACT. IF THE LEGISLATURE  FAILS  TO
 EITHER  CONFIRM  OR  REJECT  ANY  NOMINATION  FOR LIEUTENANT-GOVERNOR IN
 ACCORDANCE WITH THE TIME PERIODS PRESCRIBED BY THIS SECTION, THE NOMINEE
 SHALL ASSUME THE OFFICE OF LIEUTENANT-GOVERNOR.
   THE GOVERNOR SHALL HAVE THE POWER TO WITHDRAW A NOMINATION  FOR  LIEU-
 TENANT-GOVERNOR  PRIOR  TO  THE LEGISLATURE'S CONFIRMATION OR REJECTION.
 WHENEVER THE GOVERNOR WITHDRAWS A NOMINATION, THE  GOVERNOR  SHALL  HAVE
 THIRTY DAYS FROM THE DATE OF THE WITHDRAWAL TO NOMINATE ANOTHER INDIVID-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89116-01-5

 S. 7814                             2
 
 UAL,  AFTER  WHICH  THE LEGISLATURE SHALL HAVE THIRTY DAYS TO CONFIRM OR
 REJECT THE NOMINEE.
   IF  THE LEGISLATURE TWICE REJECTS THE GOVERNOR'S NOMINATIONS, THEN THE
 GOVERNOR SHALL APPOINT AN INDIVIDUAL TO ASSUME THE  OFFICE  OF  LIEUTEN-
 ANT-GOVERNOR, BUT THE GOVERNOR SHALL BE LIMITED TO CHOOSE FROM AMONG THE
 INDIVIDUALS  LISTED  IN THE LINE OF SUCCESSION TO THE OFFICE OF GOVERNOR
 AS PROVIDED BY LAW.
   THE GOVERNOR SHALL NOT APPOINT ANYONE TO SERVE AS  LIEUTENANT-GOVERNOR
 WHO WAS PREVIOUSLY NOMINATED TO FILL THE SAME VACANCY.
   TO  ASSUME THE OFFICE OF LIEUTENANT-GOVERNOR FOLLOWING CONFIRMATION BY
 THE LEGISLATURE OR APPOINTMENT  BY  THE  GOVERNOR,  AN  INDIVIDUAL  MUST
 RESIGN FROM ANY EXISTING GOVERNMENT POSITION.
   IF  THE GOVERNOR DOES NOT NOMINATE AN INDIVIDUAL TO HOLD THE OFFICE OF
 LIEUTENANT-GOVERNOR IN ACCORDANCE WITH THE TIME  PERIODS  PRESCRIBED  BY
 THIS  SECTION,  BOTH  HOUSES  OF THE LEGISLATURE, BY JOINT BALLOT, SHALL
 FILL THE VACANCY.
   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 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  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.
   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 otherwise
 unable to discharge the POWERS AND duties of governor,  the  speaker  of
 the assembly shall act as governor during such vacancy or inability.
   The  legislature  may provide for the devolution of the duty of acting
 as governor in any case not provided for in this article.
   § 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.

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Senate Bill S7814

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

Actions

2025-S7814 (ACTIVE) - Details

2025-S7814 (ACTIVE) - Summary

2025-S7814 (ACTIVE) - Sponsor Memo

2025-S7814 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

James Skoufis

Current Bill Status - In Senate Committee Judiciary Committee

Actions

2025-S7814 (ACTIVE) - Details

2025-S7814 (ACTIVE) - Summary

2025-S7814 (ACTIVE) - Sponsor Memo

2025-S7814 (ACTIVE) - Bill Text download pdf

Comments