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.