I Nominate Myself...

March 11, 2008 9:53 AM

Help me sort out an issue involving the Presidency, the Senate, and the authority of the governor of New York...

This NY Times article notes that “[New York Lt. Gov. David] Paterson has been a staunch supporter of Senator Hillary Rodham Clinton’s presidential bid and was widely viewed as a leading candidate to succeed her should she be elected president in November. (In the event of a Senate vacancy, the governor is to appoint a replacement.)”

David Paterson is now also expected to become governor of New York upon the (assumed to be impending) resignation of Eliot Spitzer.

Assuming that:

(1) Spitzer resigns and Paterson becomes governor of New York, and
(2) Clinton wins the nomination, and then the election, and
(3) Paterson is more interested in being a senator than a governor

can he, as governor, appoint himself senator (giving up the governor’s office in the process)?

posted by NotMyselfRightNow to law & government (5 comments total)

Yes.
posted by mattbucher at 10:06 AM on March 11

Some previous examples.
posted by mattbucher at 10:06 AM on March 11

I believe that it is possible, yes. If I remember correctly, the possibility presented itself here in Georgia after the death of Senator Paul Coverdell - there was an article in the Atlanta newspaper that said that then-Gov. Roy Barnes was seriously considering appointing himself to that role.

Of course, that possibility would be REALLY unlikely, since there is no provision in NY to backfill the Lt. Governor's spot should he have to step up. What that would mean is that if Spitzer steps down, Clinton wins the presidency, and Paterson decides he wants to go to the Senate, the Governor's office would then be filled by the (Republican) Senate Majority leader, Joe Bruno.
posted by deadmessenger at 10:07 AM on March 11

No, the NYS governor can not appoint himself senator. WNBC has succession details.

They mention a workaround. Paterson would need to resign at least 90 days before the general election, triggering a special election. That, most likely, would result in a new Democratic governor and lieutenant governor, who could then appoint Paterson to the Senate (should Clinton win the Presidency).
posted by plastic_animals at 10:09 AM on March 11

"If a vacancy occurs in the office of United States senator from this state in any even numbered calendar year on or after the fifty-ninth day prior to the annual primary election, or thereafter during said even numbered year, the governor shall make a temporary appointment to fill such vacancy until the third day of January in the year following the next even numbered calendar year. If such vacancy occurs in any even numbered calendar year on or before the sixtieth day prior to an annual primary election, the governor shall make a temporary appointment to fill such vacancy until the third day of January in the next calendar year. If a vacancy occurs in the office of United States senator from this state in any odd numbered calendar year, the governor shall make a temporary appointment to fill such vacancy until the third day of January in the next odd numbered calendar year. Such an appointment shall be evidenced by a certificate of the governor which shall be filed in the office of the state board of elections. At the time for filing such certificate, the governor shall issue and file in the office of the state board of elections a writ of election directing the election of a United States senator to fill such vacancy for the unexpired term at the general election next preceding the expiration for the term of such appointment."

NY PUB OFF § 39 4-a

It's a matter of NY state law. I don't see anything at the moment that would preclude the possibility but there might be some provision elsewhere about who may be appointed by whom.
posted by yesno at 10:13 AM on March 11