Article

'Who's in Charge?': Proposals to Clarify Gubernatorial Inability to Govern and Succession

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Abstract

As New York moves through a period of turmoil in the Governor’s office, it is appropriate to consider the New York Constitution’s requirements for Gubernatorial succession. Under Article IV, section 5 of the New York Constitution, the Lieutenant Governor assumes power upon the death or resignation of the Governor. However, the Lieutenant Governor also assumes power when the Governor is “absent from the state” and remains in power until the Governor’s return. Since 1982, there have been studies performed by the New York state Law Revision Commission to address concerns over the meaning of this phrase among many other issues, such as inability to govern, or filling the vacancy of the Office of Lieutenant Governor.This article provides proposals to remedy the possible confusion that could arise from gubernatorial succession and would promote stability in uncertain times.

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