Bill Text: NY S00198 | 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-08 - OPINION REFERRED TO JUDICIARY [S00198 Detail]

Download: New_York-2011-S00198-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          198
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen. MAZIARZ -- 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, relating to the
         filling of vacancies in the office of governor and lieutenant-governor
    1    Section 1.  RESOLVED (if the Assembly concur), That section 5 of arti-
    2  cle 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 Assembly concur), That the  foregoing  amendment
   23  be 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