NY Impeachment Process

Only One of New York’s 56 Governors has been Impeached and Removed from Office, and that happened more than a Century ago.

The Release of the State Attorney General, Tish James’ report on Multiple Allegations of Sexual Harassment against Gov. Andrew Cuomo (D), on Tuesday, is certain to give new urgency to an ongoing Impeachment Investigation by the State Assembly’s Judiciary Committee.

Assembly Speaker Carl Heastie (D-83rd District), released a Statement calling the Report’s finding “disturbing” — and signaling he didn’t think Cuomo should be Governor anymore. “The conduct by the Governor outlined in this report would indicate someone who is not fit for office,” Heastie said, adding that Lawmakers would “undertake an in-depth examination of the report and its corresponding exhibits.”

Because the Process is so rare, there is little in the way of Precedent for today. And even the One case remains contentious among Historians. William Sulzer, elected Governor in 1912, essentially was Impeached on Orders from Tammany Hall Boss, Charles F. Murphy, because Sulzer defied the legendary Machine’s wishes even though Tammany helped Elect him.

Murphy “requested” that his Allies in the Legislature form a Select Committee to Investigate the Administration. It found that Sulzer had Not reported all of the Money he raised during his Campaign, and he had played the Stock Market with that unreported Cash. He was promptly Impeached, found Guilty, and Removed.

The Outlines of Impeachment:

The Process starts in the State Assembly. A Pre-Impeachment Investigation is Not required, but the Assembly Judiciary Committee has embarked upon One parallel to the Investigation overseen by AG Office. The Committee is due to Report back to the Assembly when its Investigation is complete. It is uncertain how long the Process will take. Impeachment would require the support of a Simple Majority, or 76, of the Assembly’s 150 Members.

If that occurs, the Case would go to a High Court of Impeachment, consisting of All sitting State Senators, except the Majority Leader who has No Vote, and the Seven Members of New York’s Highest Court, the Court of Appeals.

Senate Majority Leader, Andrea Stewart-Cousins (D-35th District), who has called for Cuomo’s Resignation, also holds the Title of Senate President, Pro Tempore, and is Second in the Line of Succession. She would serve as Acting Lieutenant Governor, if the Governor is Removed and the current Lieutenant Governor, Kathleen Courtney Hochul (D), takes over. Because of the perception of a Conflict-of-Interest, the State Constitution Forbids the Majority Leader from having a Vote.

That leaves a 69-Person body made up of Senators and Judges, of which Two-Thirds, or 46, would have to Vote to Convict for the Governor to be Removed.

There is essentially No Case Law on the matter, and No Law Professor would commend the relevant Passage in the State Constitution for its Clarity. For one, it is vague about what falls under the Category of an Impeachable Offense. Jurors are required to “take an oath or affirmation truly and impartially to try the impeachment according to the evidence,” under the State Constitution.

The Governor would be allowed to retain Outside Counsel to Defend himself in Impeachment proceedings. Cuomo, a Lawyer who previously served as State Attorney General, could also conceivably Defend Himself, at a potential Senate Trial if he so choses.

During the Senate Trial, Hochul runs the State.

If Hochul becomes Governor, She could Appoint a New Lieutenant Governor or keep the Senate President, Andrea Stewart-Cousins.

A Senate Conviction could Permanently bar a Governor from seeking furure Statewide Political Office. However, that would Not necessarily Prohibit Someone from Running for other Local Offices.

Democrats Control the State Assembly and Senate, and would stand in Judgment of their fellow Putative Leader of the State Party.

New York’s Two Democratic U.S. Senators, Chuck Schumer and Kirsten Gillibrand, joined nearly All of the State’s Democratic Congressional Delegation in calling for Cuomo to Quit months ago, as the Allegations of Harassment piled up.

They Renewed their Call on Tuesday. Members of Congress, of course, do not Play any Formal Role in the Process, but it was a Clear Sign of Cuomo’s dwindling Support among New York’s Elected class.

Dozens of Democrats in the State Legislature similarly called for Cuomo to Quit months ago.

All State Lawmakers and every Statewide Elected Official are up for Reelection in 2022.

Cuomo is serving his Third Term as Governor and has previously said he’d like to win a Fourth.










NYC Wins When Everyone Can Vote! Michael H. Drucker