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So How Does Impeachment Work In New York State?
By
Brigid Bergin
Published Mar 11, 2021
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By
Brigid Bergin
Published Mar 11, 2021
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As dueling scandals continue to encircle Governor Andrew Cuomo, who currently faces a federal investigation into his administration's handling of nursing home COVID-19 death data and an Attorney General probe into a growing number of sexual misconduct allegations, state lawmakers are increasingly pushing for impeachment, something that has happened only once in the history of New York State.
Out of the state’s 56 governors, the ignominious distinction of being impeached belongs only to Governor William Sulzer, removed 10 months into his term, in 1913, after daring to cross the powerful Tammany Hall political machine.
“A public career, in its earlier stages not without promise, ended in tragedy and public disgrace,” wrote The NY Times in his obituary, noting that Sulzer served as a member of the New York State Assembly, Assembly Speaker, and even a member of Congress before running for governor. Sulzer was convicted on charges that included filing false campaign finance statements.
Last month, Assembly Republicans drafted a resolution calling for Cuomo’s impeachment, citing his administration’s mishandling of nursing home death data, and updated it last week to include two of the sexual harassment allegations leveled against him. As the minority party, that’s as far as they can push it—unless Assembly Speaker Carl Heastie’s office allows it to go through the legislative process. If the resolution were to make it to the Assembly floor, things could get interesting.
“Over the last few weeks, a number of Majority members have produced headlines, articles and soundbites with calls for investigations or even impeachment,” Assembly Minority Leader William Barclay said in a statement. “This resolution is a way they can actually produce results.”
Here’s what you need to know about the impeachment process in New York State.
How does the process begin?
The Assembly has the power to kick it off, just like the House of Representatives initiates impeachment proceedings in the U.S. Congress. The 150-member chamber would need to approve an impeachment resolution which must pass by a simple majority. For those keeping score, that means 76 members.
A spokesman for Assembly Republicans say they’ve found support from about 41 of the 43 Republican members on their previous resolution. That means a whopping 35 Assembly Democrats would need to join forces with them. As of Thursday morning, only 8 Democratic members have explicitly called for impeachment, while many more are calling on Cuomo to resign. Obviously, those numbers could change—Heastie, the Assembly Speaker, released a statement Thursday saying, "In light of the allegations concerning the Governor over the last several weeks, I will be meeting with members in conference today on potential paths forward."
If the impeachment resolution is approved, it goes to the Senate for trial.
So is it just like the federal impeachment process?
Not exactly. Technically, they convene what’s called the court for the trial of impeachment. The jurors are the members of the State Senate and the seven judges on the Court of Appeals. If Cuomo went on trial, Majority Leader Andrea Stewart-Cousins, who also serves as President Pro Tempore of the body, would not be allowed to be a member of the court, because her office is part of the line of succession for governor. Also of note, and unlike the federal process, Lieutenant Governor Kathy Hochul automatically becomes the Acting Governor during the impeachment trial until the proceedings conclude or the term in office expires.
What are the grounds for impeachment?
Get ready for this answer. “The [New York State] Constitution doesn't actually spell out the grounds for impeachment,” said Christopher Bopst, an attorney with Wilder and Linneball, and the author of several books on the New York State Constitution including New York's Broken Constitution: The Governance Crisis and the Path to Renewed Greatness. Bopst said previous versions of the state constitution included language defining impeachable offenses.
“The 1777 constitution talked about mal- and corrupt conduct. The 1821 constitution talked about high crimes and misdemeanors, which is similar to the language of the U.S. Constitution,” Bopst told Gothamist/WNYC. But the current constitution—which is technically the Constitution of 1894 with hundreds of updates, including a substantial overhaul in 1938—does not specify what constitutes impeachable offenses.
Other legal experts who examined the trial of Governor Sulzer also concluded that the state’s impeachment law was severely lacking. They point to section 240 of the Judiciary Law, which refers to “willful and corrupt misconduct in office” as an explanation for what constitutes an impeached offense.
Who represents the governor?
Like former President Donald Trump did in his two previous impeachment trials, Cuomo would be allowed to retain his own counsel.
What happens if the governor is convicted?
If two-thirds of those present for the court of impeachment, meaning at least 46 jurors, vote to convict, the governor could be removed from office and also banned from holding any state elected offices in the future. But he could still run for city or federal offices, like mayor, Congress, or president.
Lieutenant Governor Kathy Hochul is next in line should Cuomo resign or be removed from office.
Tagged
Governor Andrew Cuomo
Cuomo in Crisis
andrew cuomo
impeachment
Brigid Bergin
Brigid Bergin is an award-winning senior reporter on the People and Power desk. She is fiercely committed to telling stories that help people engage and support democracy. In 2022, she hosted a live, ten-week call-in politics show ahead of the midterm elections called The People's Guide to Power. Brigid's reporting in 2017 included some of the first coverage of a political newcomer now known as AOC. In 2016, she broke the news of a voter purge in Brooklyn just days before New York’s presidential primary, triggering city, state and federal investigations. Brigid also guest hosts The Brian Lehrer Show and All Of It. She graduated from the University at Albany and the CUNY Newmark School of Journalism. Got a tip? Email [email protected] or Signal 917-723-4719.
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Gothamist is funded by sponsors and member donations
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