AG: Proposal is unconstitutional
State Attorney General Andrew Cuomo has shot down a proposal from a lawmaker and two good-government groups as unconstitutional. Gov. David Paterson does not have the authority to appoint a lieutenant governor, which proponents said would break the deadlock that has paralyzed the Senate since June 8.
According to Cuomo, the constitution spells out that the temporary president of the Senate performs all duties of the lieutenant governor when that office is vacant, and that the governor and lieutenant governor be elected at the same time and for the same term.
A provision that Assemblyman Michael Gianaris, D-Queens, Common Cause/NY and Citizens Union said gave the governor authority to appoint a replacement for lieutenant governor only applies when there are no specific instructions for filling it within law, Cuomo said.
“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,” the attorney general said in a statement. “In addition, contrary to the proponents’ goal, we believe it would not provide long-term political stability but rather the opposite, by involving the governor in a political ploy that would wind through the courts for many months.”
Paterson thanked Gianaris and the two groups for the suggestion.
“I want to thank Assemblyman Gianaris, Citizens Union and Common Cause for working to try to find a way to break the impasse in the Senate. The issues they raised in their letter have been under review for some time by my Counsel. I look forward to working with these groups and others to find a way to end the stalemate and get the Senate back to work.”
New York has been without a lieutenant governor since March 2008, when now-former Gov. Eliot Spitzer resigned and Paterson became governor.
| 
Email This
Advertisements
Memo to Cuomo
Is DiNapoli election Valid ????????
Was he elected by “JOINT BALLOT” ???
================================================== NEW BLOW FOR HEVESI. Gov opens probe but not urging ouster yet … Alternatively, if Hevesi resigns, then the state Assembly and Senate would vote by joint ballot to elect a new controller – a contest Democrats would almost … Article New York Daily News, New York, N.Y 2006-10-28 2. WHAT WILL HAPPEN TO ALAN ? ... A. The 212 Assembly and Senate members vote by joint ballot to decide his successor, who will complete the remainder of Hevesi’s four-year term. ... =================================================
Why Tom DiNapoli’s election is a nullity ?The election of Washington Hunt on 2/17/1849 (See Assembly Journal pg 507)?was the first time Sec 41 was used. This Sec was passed into law because of the resignation of Millard Fillmore (See Assembly Journals 1/25/1849 pg 231 1/30/1849 pg 269 1/31/1849 pg 280 (letter from Millard Fillmore) Gentlemen-Anticipating that my duty may soon compel me to resign the office which I now hold, and being anxious to avoid any inconvenience which might result from a vacancy, I thought that the public interest would be best consulted by a resignation to take effect at some future day, which should not only give time for the Legislature to pass a law for filling the vacancy, but also allow him time to reach the capital before I leave I therefore respectfully resign on the 20th day of February next.?I cannot suffer the opportunity to pass without expressing to you my heartfelt thanks for the courtesy and kindness which on your part have market all our official intercourse. I have the honor to be, Your obedient servant MILLARD FILLMORE?Comptroller?=================================
2/2/1849 pg 309 & 310
On 2/17/1849 (Pg 507) The hour of 1pm having arrived, In pursuant of the statute in such case made and provided, and of a concurrent resolution of the two houses, the Senate attended in the Assembly chamber, and proceeded to elect by ballot a person to fill the vacancy which will occur in the office of Comptroller on the 20th inst, occasioned by the resignation of Millard Fillmore and the ballots having been taken and counted, it appeared that Washington Hunt received 89 votes?Charles A. Mann received 15 votes, Nathan Dayton received 7 votes, and William S. Johnson received 1 vote. Whereupon. Washington Hunt received a majority of all the votes cast was declared duly elected Comptroller in place of Millard Fillmore resigned. Then Senate then, withdrew from the Assembly chamber. ===========================================
The first election under this section was by “Joint Ballot” not “Viva Voice” Thus any and all elections that took place “Viva Voice” and not by “Joint Ballot” would seem to be “Noll &
Void”
See State vs Shaw, 9 S.C.144?Pages 94 to 147
Mason’s Legislative Manual Sec 536
Voting by Ballot If one looks back into other elections under this section one will find that they voted by Viva Voice and not by “JOINT BALLOT” It would seem, they all were not “ELECTED” This would seem to hold for any Law (Sec 202 Education) that says election by “JOINT BALLOT” That is why I believe that Tom DiNapoli election is a nullity, since he was elected by “VIVA VOICE” and not by “JOINT BALLOT”
VJ Machiavelli
No More Schumer
No More Pelosi
No More Rangel
No More Engel and his Million Dollar Home In Maryland