STATE OF NEW YORK ________________________________________________________________________ 6672 2025-2026 Regular Sessions IN ASSEMBLY March 7, 2025 ___________ Introduced by M. of A. TANNOUSIS -- read once and referred to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to sections 5 and 6 of article 4 of the constitu- tion, relating to the filling of vacancies in the office of lieuten- ant-governor and the powers and duties of such office 1 Section 1. Resolved (if the Senate concur), That the third undesig- 2 nated paragraph of section 5 of article 4 of the constitution be amended 3 to read as follows: 4 In case the governor is impeached[, is absent from the state or is 5 otherwise unable to discharge the powers and duties of the office of 6 governor], the lieutenant-governor shall act as governor until [the 7 inability shall cease or until] the term of the governor shall expire. 8 Whenever the governor transmits to the temporary president of the senate 9 and speaker of the assembly the governor's written declaration that they 10 are unable to discharge the powers and duties of the office, and until 11 they transmit to them a written declaration to the contrary, such powers 12 and duties shall be discharged by the lieutenant-governor as acting 13 governor. Whenever the lieutenant-governor and a majority of either the 14 principal officers of the executive department or of such other body as 15 the legislature may by law provide transmit to the temporary president 16 of the senate and the speaker of the assembly their written declaration 17 that the governor is unable to discharge the powers and duties of the 18 office, the lieutenant-governor shall immediately assume the powers and 19 duties of the office as acting governor. Thereafter, when the governor 20 transmits to the temporary president of the senate and the speaker of 21 the assembly the governor's written declaration that no inability 22 exists, they shall resume the powers and duties of the office unless the 23 lieutenant-governor and a majority of either the principal officers of 24 the executive department or of such other body as the legislature may by 25 law provide transmit within four days to the temporary president of the 26 senate and the speaker of the assembly their written declaration that EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89094-01-5
A. 6672 2 1 the governor is unable to discharge the powers and duties of the office. 2 Thereupon the legislature shall decide the issue, assembling within 3 forty-eight hours for that purpose if not in session. If the legisla- 4 ture, within twenty-one days after receipt of the latter written decla- 5 ration, or, if the legislature is not in session, within twenty-one days 6 after the legislature is required to assemble, determines by two-thirds 7 vote of both houses that the governor is unable to discharge the powers 8 and duties of the office, the lieutenant-governor shall continue to 9 discharge the same as acting governor; otherwise, the governor shall 10 resume the powers and duties of the office. 11 § 2. Resolved (if the Senate concur), That the third, fourth and fifth 12 undesignated paragraphs of section 6 of article 4 of the constitution be 13 amended to read as follows: 14 In case of vacancy in the offices of both governor and lieutenant-gov- 15 ernor or if both of them shall be impeached[, absent from the state] or 16 otherwise unable to discharge the powers and duties of the office of 17 governor, the temporary president of the senate shall act as governor 18 until the inability shall cease or until a governor shall be elected. 19 In case of vacancy in the office of lieutenant-governor alone, or if 20 the lieutenant-governor shall be [impeached, absent from the state or 21 otherwise] unable to discharge the duties of office, the temporary pres- 22 ident of the senate shall perform all the duties of lieutenant-governor 23 [during] until such vacancy be filled or during the pendency of such 24 inability. In case of the removal of the lieutenant-governor alone from 25 office or of the lieutenant-governor's death, resignation, impeachment 26 or ascension to governor, the office of lieutenant-governor shall be 27 filled for the remainder of the term by appointment of the governor, 28 subject to confirmation of such appointment by majority vote of each 29 house of the legislature. 30 If, when the duty of acting as governor devolves upon the temporary 31 president of the senate, there be a vacancy in such office or the tempo- 32 rary president of the senate shall be [absent from the state or other- 33 wise] unable to discharge the duties of governor, the speaker of the 34 assembly shall act as governor during such vacancy or inability. 35 § 3. Resolved (if the Senate concur), That the foregoing amendment be 36 referred to the first regular legislative session convening after the 37 next succeeding general election of members of the assembly, and, in 38 conformity with section 1 of article 19 of the constitution, be 39 published for 3 months previous to the time of such election.