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pnwmom

(108,973 posts)
Mon May 7, 2018, 09:36 PM May 2018

Schneiderman is up for re-election in November.

And spooky, #4 below, has just explained that the legislature will choose his replacement. The Senate is controlled by the Republicans, because a renegade-Democrat named Simcha Felder caucuses with the Republicans.

SHIT.

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Schneiderman is up for re-election in November. (Original Post) pnwmom May 2018 OP
Physical abuse is serious malaise May 2018 #1
Cuomo should appt Preet. Wwcd May 2018 #2
No. djg21 May 2018 #3
Oh, great. We're doomed. n/t pnwmom May 2018 #5
The appointed person will be in for only 6 months. Blue_true May 2018 #10
No the legislature is not evenly split. djg21 May 2018 #14
Then, that is good? nt Blue_true May 2018 #15
We'll have to wait and see. djg21 May 2018 #19
Is the Assembly truly controlled by the Dems? crazylikafox May 2018 #8
The House is. The Senate is controlled by the R's because a renegade-Democrat pnwmom May 2018 #9
Thanks. I thought there was something skeevy about the NY legislature. crazylikafox May 2018 #12
I haven't figured that out yet. Looking. n/t pnwmom May 2018 #13
Didn't a Dem win a special election three or four week ago for a senate seat. Blue_true May 2018 #16
Hmm . . . I don't know -- I'll look. But a tie isn't all that helpful. Who controls pnwmom May 2018 #20
No, unfortunately. This says that Felder is still the key Senator, giving the R's control. pnwmom May 2018 #21
A Dem won the marquee contest in the NY Senate a few weeks ago crazycatlady May 2018 #22
Ok. nt Blue_true May 2018 #23
He just resigned. djg21 May 2018 #11
According to this tweet, the legislature determines the replacement. spooky3 May 2018 #4
Are you sure Quomo gets to name a replacement? Im not saying you're wrong, napi21 May 2018 #6
No, I'm not. I've just read other people's posts and been enlightened. Damn. n/t pnwmom May 2018 #7
Someone said that Dems control the legislature, that body picks the replacement. nt Blue_true May 2018 #17
They control the House but not the Senate. They SHOULD control both pnwmom May 2018 #18
 

djg21

(1,803 posts)
3. No.
Mon May 7, 2018, 09:42 PM
May 2018

The State Legislature picks, and it will pick one of its own. It will be a Dem from the Assembly.

ARTICLE V
OFFICERS AND CIVIL DEPARTMENTS
[Comptroller and attorney-general; payment of state moneys without audit void]
Section 1. The comptroller and attorney-general shall be chosen at the same general election as the governor and hold office for the same term, and shall possess the qualifications provided in section 2 of article IV. The legislature shall provide for filling vacancies in the office of comptroller and of attorney-general. No election of a comptroller or an attorney-general shall be had except at the time of electing a governor. . . .

Blue_true

(31,261 posts)
10. The appointed person will be in for only 6 months.
Mon May 7, 2018, 09:52 PM
May 2018

Plus, the legislature is now evenly split (even with a Dem voting with republicans), after a Dem won a special election a few weeks ago (three or four). I don't know what happens in the case of a tied vote, but I would think there is plenty pressure for the repuke voting Dem to vote with the Dems on this issue, giving the Dems a majority.

The situation is Case 1 for why all elections matter.

 

djg21

(1,803 posts)
14. No the legislature is not evenly split.
Mon May 7, 2018, 09:58 PM
May 2018

The Senate is split. The Assmbly remains controlled by the Dems.

crazylikafox

(2,753 posts)
8. Is the Assembly truly controlled by the Dems?
Mon May 7, 2018, 09:49 PM
May 2018

Outside of NYC, New York is a pretty conservative state. Upstate NY is Trump country.

pnwmom

(108,973 posts)
9. The House is. The Senate is controlled by the R's because a renegade-Democrat
Mon May 7, 2018, 09:50 PM
May 2018

named Simcha Felder caucuses with the R's.

crazylikafox

(2,753 posts)
12. Thanks. I thought there was something skeevy about the NY legislature.
Mon May 7, 2018, 09:54 PM
May 2018

So does the House or the Senate determine the AG replacement?

Blue_true

(31,261 posts)
16. Didn't a Dem win a special election three or four week ago for a senate seat.
Mon May 7, 2018, 10:06 PM
May 2018

My understanding was that win evened things out, even without the asshole Dem.

pnwmom

(108,973 posts)
20. Hmm . . . I don't know -- I'll look. But a tie isn't all that helpful. Who controls
Mon May 7, 2018, 10:14 PM
May 2018

committees then?

pnwmom

(108,973 posts)
21. No, unfortunately. This says that Felder is still the key Senator, giving the R's control.
Mon May 7, 2018, 10:19 PM
May 2018
https://www.lohud.com/story/news/politics/politics-on-the-hudson/2018/04/30/shelley-mayer-sworn/565821002/

Mayer officially became the 32nd Democrat seated in the 63-seat Senate, technically giving her party a slim majority in the Legislature's upper house.

But Republicans will maintain control of the chamber with the help of Brooklyn Sen. Simcha Felder, a Democrat who sits with the GOP.

crazycatlady

(4,492 posts)
22. A Dem won the marquee contest in the NY Senate a few weeks ago
Mon May 7, 2018, 10:23 PM
May 2018

However, this was a hold not a flip (the seat was vacated by a Dem who was elected Westchester County executive)

spooky3

(34,425 posts)
4. According to this tweet, the legislature determines the replacement.
Mon May 7, 2018, 09:42 PM
May 2018



He cites Article V, Section 1 of the NY constitution:

https://www.dos.ny.gov/info/constitution.htm

"ARTICLE V

Officers And Civil Departments

[Comptroller and attorney-general; payment of state moneys without audit void]

Section 1. The comptroller and attorney-general shall be chosen at the same general election as the governor and hold office for the same term, and shall possess the qualifications provided in section 2 of article IV. The legislature shall provide for filling vacancies in the office of comptroller and of attorney-general. No election of a comptroller or an attorney-general shall be had except at the time of electing a governor. The comptroller shall be required: (1) To audit all vouchers before payment and all official accounts; (2) to audit the accrual and collection of all revenues and receipts; and (3) to prescribe such methods of accounting as are necessary for the performance of the foregoing duties. The payment of any money of the state, or of any money under its control, or the refund of any money paid to the state, except upon audit by the comptroller, shall be void, and may be restrained upon the suit of any taxpayer with the consent of the supreme court in appellate division on notice to the attorney-general. In such respect the legislature shall define the powers and duties and may also assign to him or her: (1) supervision of the accounts of any political subdivision of the state; and (2) powers and duties pertaining to or connected with the assessment and taxation of real estate, including determination of ratios which the assessed valuation of taxable real property bears to the full valuation thereof, but not including any of those powers and duties reserved to officers of a county, city, town or village by virtue of sections seven and eight of article nine of this constitution. The legislature shall assign to him or her no administrative duties, excepting such as may be incidental to the performance of these functions, any other provision of this constitution to the contrary notwithstanding. (Amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938; further amended by vote of the people November 3, 1953; November 8, 1955; November 6, 2001.)"

napi21

(45,806 posts)
6. Are you sure Quomo gets to name a replacement? Im not saying you're wrong,
Mon May 7, 2018, 09:44 PM
May 2018

but the dam Pugs have been so good at finding hidden loopholes so they can stuff one of THEIR yes men in the spot, I'm just askin to be sure.

pnwmom

(108,973 posts)
18. They control the House but not the Senate. They SHOULD control both
Mon May 7, 2018, 10:11 PM
May 2018

but a turncoat D named Simcha Felder has chosen to caucus with the R's -- which gives them control of the Senate.

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