Ending the stalemate
-
- July
- 6
You would think that New York would have a clear way of replacing a lieutenant governor.
But in the midst of the muddle in Albany, we’ve got competing views on what needs to happen.
Today Assemblyman Michael Gianaris is pushing the idea that Gov. David Paterson has the authority to name his own replacement. Here is Section 43 of the Public Officers Law.
“If a vacancy shall occur, otherwise than by expiration of term, with no provision of law for filling the same, if the office be elective, the governor shall appoint a person to execute the duties thereof until the vacancy shall be filled by an election…”
But Attorney General Andrew Cuomo disagrees, citing the state’s constitution.
“In case of vacancy in the office of lieutenant-governor alone…the temporary president of the state shall perform all the duties of lieutenant-governor during such vacancy…”
Gianaris says the two provisions are consistent with each other; Cuomo says no.
I can appreciate either argument. There’s more on Politics on the Hudson and The Daily Politics.
This entry was posted
on Monday, July 6th, 2009 at 3:53 pm by Noreen O'Donnell.
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come one. its no different than Heir Bloomberg taking away our rights and laws and running for a 3rd term. I believe all people in NYC proper should not vote for him. what he did was illegal.
as for replacement positions after a shift in power. we saw that with Gerald Ford. the only non elected president of this united states. Many times a shift in power because of impeachment etc. to do an election leaves a hole in he machine. you need to repair that hole. This is one of those times when I understand that an election is probably no the best thing to do. Just fill the post until the next election if the person is terrible they can always be “fired”