What's happening
This bill proposes a constitutional amendment requiring the governor to appoint a new lieutenant governor, with legislative approval, within 30 days of a vacancy.
Why it matters
Strengthens checks and balances. By requiring both Senate and Assembly approval of the governor’s appointee, the amendment ensures broader legislative oversight, potentially reducing the risk of partisanship or unilateral executive action in filling a key statewide office.
Reduces uncertainty and power vacuums. Mandating a 30-day timeline for both appointment and legislative confirmation helps prevent prolonged vacancies in the lieutenant governor’s office, which is important for continuity in state leadership and succession planning.
Clarifies succession process. The amendment provides a clear, constitutionally mandated process for replacing a lieutenant governor, addressing prior ambiguities and potentially avoiding legal or political disputes during transitional periods.
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Who cares
Headline styles
Governor Picks New Lieutenant Governor
Plain English, a few words. Used as the page title.
Sponsors
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Governor Picks Next Lt. Governor
In Assembly Committee · Judiciary · Sponsor Robin Schimminger
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1233
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sens. GRIFFO, DeFRANCISCO, LARKIN, RANZENHOFER -- 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 article 4 of the constitution be amended by adding a new fourth undesignated paragraph to read as follows:
In case of vacancy in the office of lieutenant-governor alone, due to death, resignation, removal from office, or ascension to governor, the office of lieutenant-governor shall be filled for the remainder of the term by appointment of the governor within thirty days of such vacancy, death, resignation, removal from office, or ascension, subject to confirmation by a majority vote in the senate and a majority vote in the assembly to be held within thirty days of such appointment.
§ 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89050-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
:
Provides a method of filling vacancies in the office of the Lieutenant-Governor.
Summary of provisions
:
This bill would provide that in the case of a vacancy in the office of Lieutenant-Governor alone, the Governor shall nominate a new Lieutenant-Governor within 30 days of the vacancy, subject to confirmation by majority votes of both Houses of the Legislature independently. Such confirmation votes shall be held by each House within 30 days of the Governor's nomination.
Justification
:
A few years ago, a vacancy in the office of Lieutenant-Governor called attention to the fact that under current law, there is no method available to appoint a new Lieutenant-Governor. This bill would enact a system identical to the one used under the Federal Constitution to fill a vacancy in the office of the Vice-President. Requiring separate votes from each House of the Legislature, rather than a single vote in joint session, ensures that no single House has enough votes to confirm the nomination by itself.
Legislative history
:
2013-14- S. 2234/A. 2713 - Judiciary Committee. 2015-2016 - S. 2726/A.5496 - Judiciary Committee.
Fiscal implications
:
None.
Effective date
:
Upon passage of two separately elected Legislatures and approval by the voters after such passage.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.