Bill Text: NY A01356 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for filling of vacancies in the office of governor and lieutenant-governor.

Spectrum: Strong Partisan Bill (Republican 15-1)

Status: (Introduced - Dead) 2012-06-05 - held for consideration in judiciary [A01356 Detail]

Download: New_York-2011-A01356-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1356
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A.  HAWLEY, MOLINARO, CALHOUN, TOBACCO, BARCLAY,
         SAYWARD, FINCH, McDONOUGH, KOLB, RAIA -- Multi-Sponsored by --  M.  of
         A. CORWIN, CROUCH, DUPREY, GIGLIO, THIELE -- read once and referred to
         the Committee on Judiciary
                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
       proposing an amendment to article 4 of the constitution, relating to the
         filling of vacancies in the office of governor and lieutenant-governor
    1    Section 1.  RESOLVED (if the Senate concur), That section 5 of article
    2  4 of the constitution be amended to read as follows:
    3    S  5.  In case of the removal of the governor from office or of his or
    4  her death or resignation, the lieutenant-governor shall become  governor
    5  [for  the remainder of the term] UNTIL THE NEXT GENERAL ELECTION HAPPEN-
    6  ING NOT LESS THAN THREE MONTHS AFTER THE OFFICE OF GOVERNOR  SHALL  HAVE
    7  BECOME  VACANT  AT  WHICH  A  GOVERNOR  AND LIEUTENANT-GOVERNOR SHALL BE
    8  ELECTED TO SERVE THE REMAINDER OF THE TERM.
    9    In case the governor-elect shall decline to serve or  shall  die,  the
   10  lieutenant-governor-elect  shall  become  governor  [for  the full term]
   11  UNTIL THE NEXT GENERAL ELECTION.
   12    In case the governor is impeached, is absent  from  the  state  or  is
   13  otherwise  unable  to  discharge  the powers and duties of the office of
   14  governor, the  lieutenant-governor  shall  act  as  governor  until  the
   15  inability  shall  cease or until [the term of the governor shall expire]
   16  THE NEXT GENERAL ELECTION HAPPENING NOT LESS THAN THREE MONTHS AFTER THE
   17  OFFICE OF GOVERNOR SHALL HAVE BECOME VACANT, AT  WHICH  A  GOVERNOR  AND
   18  LIEUTENANT-GOVERNOR SHALL BE ELECTED FOR THE REMAINDER OF THE TERM.
   19    In  case  of  the  failure  of  the governor-elect to take the oath of
   20  office at the commencement of his or her term, the  lieutenant-governor-
   21  elect shall act as governor until the governor shall take the oath.
   22    S  2. RESOLVED (if the Senate concur), That the foregoing amendment be
   23  referred to the first regular legislative session  convening  after  the
   24  next  succeeding  general  election  of members of the assembly, and, in
   25  conformity with  section  1  of  article  19  of  the  constitution,  be
   26  published for 3 months previous to the time of such election.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89012-01-1