A 9022: Relates to the line of succession for the office of governor when the governor is impeached or unable to perform such governor's duties.

  
  STATE OF NEW YORK ________________________________________________________________________ 9022 2025-2026 Regular Sessions  IN ASSEMBLY September 5, 2025 ___________ Introduced by M. of A. BUTTENSCHON -- read once and referred to the Committee on Governmental Operations AN ACT to amend the public officers law, in relation to the line of succession to the office of governor; and to repeal article 1-A of the New York state defense emergency act relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public officers law is amended by adding a new section 2 44 to read as follows: 3 § 44. Officials eligible to act as governor. 1. For the purposes of 4 article four of the constitution, if the office of governor becomes 5 vacant or if the governor is impeached or unable to discharge the powers 6 and duties of the office of governor, and each of the lieutenant gover- 7 nor, the temporary president of the senate and the speaker of the assem- 8 bly is unable to act as governor or each office is vacant, then the 9 official who is highest on the following list shall act as governor 10 until a new governor is elected, or the governor or lieutenant governor 11 is acquitted or becomes able: attorney general, comptroller, commission- 12 er of transportation, commissioner of health, commissioner of financial 13 services, secretary of state, commissioner of labor and commissioner of 14 agriculture, provided that such official otherwise meets the criteria 15 set forth in section two of article four of the constitution and was 16 confirmed by the senate or elected to lead the official's respective 17 department. 18 2. Whenever any official listed in subdivision one of this section 19 shall act as governor, that official shall be required to vacate the 20 official's existing position and shall remain eligible to act as gover- 21 nor following such resignation. Notwithstanding the foregoing, if any 22 official listed in subdivision one of this section shall act as governor 23 when the governor or lieutenant governor is under impeachment or unable 24 to discharge the powers and duties of office, such official shall not be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11676-01-5 
 A. 9022 2 1 required to vacate that official's existing position until they have 2 served as acting governor for sixty consecutive days. However, while 3 serving as acting governor during such sixty-day period, that official 4 shall not be permitted to discharge any powers and duties of the offi- 5 cial's original position. 6 3. Any official listed in subdivision one of this section may decline 7 to act as governor, making them unable to act as governor. In the event 8 any official listed in subdivision one of this section is unable to act 9 as governor or is ineligible to do so, the official next highest on the 10 list who is eligible and able shall act as governor until a new governor 11 is elected, or the governor or lieutenant governor is acquitted or 12 becomes able. 13 4. If an official acts as governor under this section, the official 14 shall discharge all the powers and duties of the office of governor as 15 if the official had been elected governor. 16 § 2. Article 1-A of chapter 784 of the laws of 1951, constituting the 17 New York state defense emergency act, is REPEALED. 18 § 3. This act shall take effect on the same date as a "CONCURRENT 19 RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 20 4 of the constitution, to the line of succession to the office of the 21 governor" takes effect, in accordance with section 1 of article 19 of 22 the constitution.