David Paterson is going to attempt to do something many folks thought was unpossible:
Gov. David A. Paterson will name a lieutenant governor in a televised speech he has scheduled for late Wednesday afternoon, according to a person close to the governor.
It remains unclear, however, whom he will pick. …
Speculation in the capital ran rampant on Wednesday about a possible pick for the post, including the former Chief Judge Judith Kaye and Nassau County Executive Thomas R. Suozzi. Ms. Kaye did not return a call for comment. Mr. Suozzi indicated at an appearance on Wednesday that he would not be appointed, nor had sought the job.
Swing State Project sources also indicate that SSP Publisher DavidNYC is in the hunt. Apparently, Paterson, who represented the West Side for many years in the state Senate, wants to balance his ticket with someone from the East Side. Anyhow, how might Paterson accomplish this trick, given that the state constitution doesn’t specify anything about any line of succession for the Lt. Gov. spot?
But whether Mr. Paterson can legally appoint a lieutenant governor has been a matter of some debate. One school of thought, which has been advanced in recent days by Democrats and government watchdog groups, is that a provision of state law allows the governor to fill elected offices for which there is no provision explicitly spelling out how the vacancy should be handled.
But Republicans are sure to sue to block any such move, and even AG Andy Cuomo claimed that this would be an unconstitutional “political ploy.” Still, with such an embarrassing circus in Albany, anything that might put pressure on the Senate to bust its insane logjam could be helpful at this point – it’s pretty hard to see things getting worse. Stay tuned this afternoon.
(Hat-tip: Taegan Goddard)
UPDATE: I’m watching New York 1, and they just announced that Paterson will (attempt to) tap former MTA head Richard Ravitch. The Daily News confirms.
James L. and Crisitunity by any chance?
I don’t see how this is going to pass muster.
and then ask the courts to confirm him/her?
Or
Can he ask the courts to let him appoint one?
I did not find the answer to these questions since the idea was floated.
If he appoints Suozzi, Paterson could be the governor for 4 more years.
preferably a republican. solves the most significant problem doesn’t it?
Perry has 9.3 million CoH to take on KBH… Wow this is going to be one hell of a blood bath.
Here’s what the NY AG’s office said:
http://www.nydailynews.com/blo…
“The State Constitution explicitly prescribes what occurs when there is a vacancy in the Office of Lieutenant Governor. In such circumstance, article 4, § 6 states that “the temporary president of the senate shall perform all the duties of the lieutenant-governor during such vacancy…”
“Article 4, § 1 of the Constitution expressly provides that “the lieutenant-governor shall be chosen at the same time, and for the same term” as the Governor. The Legislature did not authorize a Governor to bypass this provision of the Constitution and fill a vacancy in the Office of Lieutenant Governor pursuant to Public Officers Law § 43.”
“That statute, which provides for Gubernatorial appointment to fill certain vacancies, applies only when there is “no provision of law for filling the same”. With respect to the Lieutenant Governor, however, the Constitution leaves no gap concerning a vacancy in that office – article 4, § 6 expressly addresses that circumstance.”
“In sum, we understand the apparent political convenience of the proponents’ theory due to the current Senate circumstances. In our view, however, it is not constitutional.”
I haven’t read the case law, but I’m not so sure the analysis is so clear on a textual level. The AG argues that article 4, § 6 addresses the circumstance of a Lt. Gov. vacancy. But it does not “fill” the vacancy; it says only that the Lt. Gov.’s “duties” go to the temporary president of the senate. Since there is no provision of law to actually fill the position, it would seem that the statute for appointing someone to the position could apply–if one can get around the Article 4, § 1 provision that the Lt. Gov. must be chosen at the same time as the Governor.
Perhaps one could interpret “chosen” as referring to elections? It would seem that the point of having the same time and “same terms” would be to allow the Lt. Gov. to fill the remaining time of a governor who left the office before the end of the term. Just thinkin’…
That’s how long New York has been with out a lt. Governor. Why??????
this is made necessary because there is NO agreed upon Senate President. The Sanford imbroglio came to a head partly because there was concern that nobody knew who was in charge if the Governor could not be reached. In this case there is a constitutional crisis if Paterson dies or is incapacitated because NOONE is in charge.
I understand the general view that any action by an incredibly unpopular governor is unpopular but in this case it would be right.
Also I stick with my idea that he appoint a Republican Senator or one of the dickhead Dems to fill the spot thereby ending the tie in the Senate.