Automatic Lieutenant Gubernatorial Succession: Preventing Legislative Gridlock Without Sacrificing the Elective Principle

21 Pages Posted: 29 Jun 2014

Date Written: 2013

Abstract

This article is an attempt to find a solution to the problem of lieutenant gubernatorial succession in New York State. It discusses the problems created by allowing appointment pursuant to Public Officers Law section 43 and the structural issues that remain unresolved even with the present judicially approved method of appointment. First considering several alternative methods of gubernatorial succession, it then discusses whether any of those approaches would suffice to meet the policy goals of the lieutenant governor’s office in New York’s constitutional structure. Finally, it offers a potential solution that avoids the risk of legislative gridlock and preserves some electoral input into which candidates may be chosen to succeed to the office of lieutenant-governor.

Keywords: New York Constitution; lieutenant-governor; state constitutions

Suggested Citation

Woods, Patrick, Automatic Lieutenant Gubernatorial Succession: Preventing Legislative Gridlock Without Sacrificing the Elective Principle (2013). Albany Law Review, Vol. 76, No. 4, 2013. Available at SSRN: https://ssrn.com/abstract=2459613

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