A new Lieutenant Governor?

Driscoll? (4.00 / 1)

Anyone see this latest at CapCon?  

Sort of guessing/insinuating that Syracuse mayor Matt Driscoll will be the sacrificial lamb here?

http://blog.timesunion.com/cap...

Seems like a stretch, but on the other hand, Driscoll's a lame duck.

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by: NYCO @ Wed Jul 08, 2009 at 13:11:19 PM CDT

Is it constitutional? (4.00 / 3)

I still haven't read the court decision Ward v. Curran, so I can't comment on that.  I have, however, been looking at the state constitution and §43 of Public Officers law.

The relevant part of the section says, "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." (Emphasis mine.)

The key is that italicized phrase.  Article IV, Section 6, paragraph 2 states in part, "No election of a lieutenant-governor shall be had in any event except at the time of electing a governor."  The question, then, is whether "no provision of law for filling [the vacant position]" is different from a provision in the constitution that explicitly disallows filling the position via an election.

What did the court say in Ward v. Curran?  More to come.

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by: Dan Jacoby @ Wed Jul 08, 2009 at 13:47:51 PM CDT

I'd say at the least (4.00 / 1)

that there's an opening there.  Obviously it'll end up in the court to interpret it, but what the hell...

New Yorkers against Harold Ford

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by: Jrathman @ Wed Jul 08, 2009 at 13:55:51 PM CDT

[ Parent ]

I think one fo the problems (0.00 / 0)

is that Lt.Governor is not an appointed position.  It's elected separately.  That makes it questionable whether a Governor could really appoint in this case.

"Never be afraid to stand with the minority when the minority is right, for the minority which is right will one day be the majority."


-William Jennings Bryan

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by: BingChester @ Wed Jul 08, 2009 at 14:52:54 PM CDT

[ Parent ]

We need some distance (4.00 / 1)

between Paterson and the Senate-President-Pro-Tempore-of-the-week. God forbid we should end up with a clown like Espada as acting governor -- which a few weeks ago was within the realm of possibility, if something had happened to Paterson during Espada's brief tenure.

I say "appoint" and let the courts work it out.  

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by: urizon @ Wed Jul 08, 2009 at 13:56:13 PM CDT

Bad signs (4.00 / 2)

Yeah, I have been following it.  That's why I wrote about what I think is the underlying issue: internecine race/ethnic squabbling among the downstate Dems.  This move is at best legally risky, and I don't think that Paterson would be risking it if we weren't already in a position that would result in a successful Republican power grab if he didn't do so.  But, who knows, maybe I am wrong.  Hope so.

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by: robinia @ Wed Jul 08, 2009 at 13:57:21 PM CDT

hmmm... confirmation? (0.00 / 0)

Via CapCon's latest, I found this odd bit about a proposed amendment to the state constitution to provide for appointing a Lieutenant Governor:

So, the debate on filling the vacancy in the Office of Lieutenant Governormay revolve around who gets to confirm.I just wanted to bring that to your attention. You may hear more about it later.

That's from Robin Schimminger.  At the very least, reading through that report has me thinking we're in utterly uncharted territory.

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by: simonstl @ Wed Jul 08, 2009 at 14:16:51 PM CDT

And this seems to take out Ward v. Curran (4.00 / 1)

which was in 1943.

In 1945, a significant change took place that directly affects the problem that we face today. The constitution was modified to preclude any election for lieutenant governor, except at the time ofelecting a governor. That's a result of something that happened in Governor Dewey's time. Dewey's lieutenant governor, Thomas Wallace, died six months after the inauguration and the Court of Appeals ruled that an election must be held. Dewey was not happy. Here's what he said about it in supporting this dynamic: "With the administration less than a year old, with thenation at war and there being no other major contested elections, candidacies or state issues,it became necessary for the people of the State to choose a successor to their lieutenant governor." And in 1945 that possibility wasn't there. The temporary president of the Senate would perform the duties during the vacancy.

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by: simonstl @ Wed Jul 08, 2009 at 14:35:47 PM CDT

[ Parent ]

In addition (0.00 / 0)

In 1953 the state constitution was changed again to provide for the combined election of the Governor and Lt. Governor.  This is another reason why Ward v. Curran may not apply.

I have been very careful in my comments so far, because I haven't read the court decision yet.  If anyone can get hold of a copy, please pass it along.

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by: Dan Jacoby @ Wed Jul 08, 2009 at 14:43:43 PM CDT

[ Parent ]

i'm not finding it (4.00 / 1)

Do you have any more info about the case.  What court?  Citation would be helpful.  I can get it with the citation.  

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by: jmcbride @ Wed Jul 08, 2009 at 15:49:21 PM CDT

[ Parent ]

Citation (0.00 / 0)

Ward v. Curran, 266 A.D. 524, 44 N.Y.S.2d 240, (3d Dept 1943), aff'd 291 N.Y. 642, 50 N.E.2d 1023 (1943)

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by: Dan Jacoby @ Wed Jul 08, 2009 at 18:49:02 PM CDT

[ Parent ]

Breaking: Paterson WILL appt. a lt. gov. (4.00 / 1)

NYT.  Looked constitutionally clear to me all along, and I guess the guv's lawyers agree.

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by: twb @ Wed Jul 08, 2009 at 14:58:24 PM CDT

Is that enough? (4.00 / 1)

Assuming we actually get a new Lt. Governor, will that be enough to break the stalemate?  After all, if at least two members of the old "gang of four" +1 (Dilan) bolt, then we still don't have a quorum.

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by: Dan Jacoby @ Wed Jul 08, 2009 at 15:08:28 PM CDT

[ Parent ]

or worse (0.00 / 0)

the Dems sound to me like they're headed for a major fracture.  I think we may just end up with "unstable" whatever happens tonight.  I have hopes, but low expectations.

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by: simonstl @ Wed Jul 08, 2009 at 15:10:49 PM CDT

[ Parent ]

Lt. Governor Ravitch (4.00 / 1)

So says Liz Benjamin at DN.

http://www.nydailynews.com/blo...

"Never be afraid to stand with the minority when the minority is right, for the minority which is right will one day be the majority."


-William Jennings Bryan

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by: BingChester @ Wed Jul 08, 2009 at 15:32:41 PM CDT

Richard Who? (4.00 / 1)

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by: NYCO @ Wed Jul 08, 2009 at 16:08:03 PM CDT

[ Parent ]

but he's famous downstate (0.00 / 0)

for his MTA work.  He actually makes sense to me in some ways, given his experience with fiscal crises.

However, it's really up to the courts now.  (How many times have we said that in this crisis?  And it's never really been true.)

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by: simonstl @ Wed Jul 08, 2009 at 16:16:55 PM CDT

[ Parent ]

governor (4.00 / 1)

Is he qualified to be governor?

(not that I can think of anyone else, at the moment... except Suozzi)

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by: NYCO @ Wed Jul 08, 2009 at 16:51:45 PM CDT

[ Parent ]

Sure why not (4.00 / 1)

I don't see why he wouldn't be. He won't run, he's 76 years old.

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by: nrafter530 @ Wed Jul 08, 2009 at 21:31:58 PM CDT

[ Parent ]

I can hear the Republican campaign commercials now.... (4.00 / 1)

"With the entire government in the hands of leaders from downstate, Paterson appointed the head of the MTA, a downstate authority in charge of public transit, as second in command and tie-breaker in the Senate.... Do you want upstate to be a distant territory of the NYC subway system?"

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by: robinia @ Thu Jul 09, 2009 at 07:23:24 AM CDT

[ Parent ]

Like it isn't already (0.00 / 0)

that depends on whether or not Paterson keeps him on the ticket...not that he'll even get nominated

But it was incredibly stupid IMO for Spitzer to pick a downstate Lt. Governor...my only guess is that he knew he would go down eventually and wanted to keep the power downstate.

Our next nominee NEEDS to either be from upstate or pick an upstate running mate. No one bitched when Stan Ludine was Lt. Governor and you can't GET further out of NYC than Jamestown.

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by: nrafter530 @ Fri Jul 10, 2009 at 22:18:15 PM CDT

[ Parent ]

I love this (0.00 / 0)

and hope it works.

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by: Amherst Guy @ Wed Jul 08, 2009 at 17:43:31 PM CDT

Me too. Now, if 32 people will show up for work tomorrow (0.00 / 0)

maybe we can end this debacle.  

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by: janed @ Wed Jul 08, 2009 at 21:07:58 PM CDT