Bill Text: NY S08346 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Provides for the filling of vacancies in the office of lieutenant-governor by appointment of the governor subject to confirmation by majority vote in the senate and majority vote in the assembly; provides for an extended order of succession for the filling of a vacancy in the office of the governor.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-29 - OPINION REFERRED TO JUDICIARY [S08346 Detail]

Download: New_York-2023-S08346-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8346

                    IN SENATE

                                    January 19, 2024
                                       ___________

        Introduced  by  Sen.  GRIFFO -- 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 or
          governor

     1    Section 1. Resolved (if the Assembly concur), That section 6 of  arti-
     2  cle  4  of  the  constitution  be amended by adding new fourth, seventh,
     3  eighth, and ninth undesignated paragraphs to read as follows:
     4    In case of vacancy in the office of lieutenant-governor alone, due  to
     5  death,  resignation,  removal from office, or ascension to governor, the
     6  office of lieutenant-governor shall be filled for the remainder  of  the
     7  term  by  appointment  of  the  governor  within forty-five days of such
     8  vacancy, death, resignation, removal from office, or ascension,  subject
     9  to  confirmation by a majority vote in the senate and a majority vote in
    10  the assembly to be held within forty-five days of such  appointment.  In
    11  the event that the lieutenant-governor appointee nominated by the gover-
    12  nor  is  not  approved by a majority vote in the senate or the assembly,
    13  then the governor shall make a new nomination for the office of lieuten-
    14  ant-governor within thirty days of such vote and  shall  be  subject  to
    15  confirmation by a majority vote in the senate and a majority vote in the
    16  assembly to be held within thirty days of such appointment.
    17    If,  when  the duty of acting as governor devolves upon the speaker of
    18  the assembly, there be a vacancy in such office or the  speaker  of  the
    19  assembly shall be absent from the state or otherwise unable to discharge
    20  the  duties  of  governor,  the comptroller shall act as governor during
    21  such vacancy or inability.
    22    If, when the duty of acting as governor devolves upon the comptroller,
    23  there be a vacancy in such office or the  comptroller  shall  be  absent
    24  from  the state or otherwise unable to discharge the duties of governor,
    25  the attorney general shall  act  as  governor  during  such  vacancy  or
    26  inability.
    27    If,  when  the  duty  of acting as governor devolves upon the attorney
    28  general, there be a vacancy in such office or the attorney general shall
    29  be absent from the state or otherwise unable to discharge the duties  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89127-01-4
        S. 8346                             2

     1  governor,  the  secretary  of  state  shall  act as governor during such
     2  vacancy or inability.
     3    §  2.  Resolved (if the Assembly concur), That the foregoing amendment
     4  be referred to the first regular legislative session convening after the
     5  next succeeding general election of members of  the  assembly,  and,  in
     6  conformity  with  section  1  of  article  19  of  the  constitution, be
     7  published for 3 months previous to the time of such election.