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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsPlease note - Republicans will NOT be picking the next NY Attorney General
Everybody seems to be in a panic over this. This is NOT like the national government where they Senate must approve an appointment.
The Senate and Assembly, in a joint session, will pick someone to fill out the remainder of Schneiderman's four-year term, which runs through the end of the year.
It's all laid out in Section 41 of the state's Public Officers Law, according to Bennett Liebman, Albany Law School's government lawyer-in-residence.
The law reads, in part: "When a vacancy occurs or exists, other than by removal, in the office of comptroller or attorney-general ... the two houses thereof, by joint ballot, shall appoint a person to fill such actual or prospective vacancy."
It will be up to legislative leaders when to call the session.
https://www.democratandchronicle.com/story/news/politics/albany/2018/05/08/ag-eric-schneiderman-replacement/589188002/
Democrats control the state Assembly by a 105-41. Republicans control the state senate 32-31. Combined, there are 213 total seats (4 are currently vacant). Democrats would need to get 107 total votes and already have 136 Democrats in the legislature.
PoliticAverse
(26,366 posts)NewJeffCT
(56,827 posts)so, I think we'll be okay
crazylikafox
(2,739 posts)Gothmog
(143,999 posts)there seemed to be a lot of people upset because Republicans have nominal control of the state senate in NY
Demsrule86
(68,352 posts)NewJeffCT
(56,827 posts)Democrats have 136 total votes (105 Assembly, 31 Senate) in the combined houses in the NY Legislature. They need 107 to get their candidate through.
Republicans have 73 total votes (41 Assembly, 32 Senate), so would need 44 Democratic defectors to get a Republican nominee through.
There are 4 vacant seats right now if you were doing the math.
Demsrule86
(68,352 posts)NewJeffCT
(56,827 posts)the law states it is a joint session and the combined votes between both Houses. Democrats have a better than 2 to 1 ratio in the state Assembly.
Me.
(35,454 posts)NewJeffCT
(56,827 posts)And, he seems to be eminently qualified.
That said, the two Chief Deputy Attorneys General in NY are very qualified as well - Janet Sabol and Alvin Bragg.
https://ag.ny.gov/senior-staff
rainlillie
(1,095 posts)Where a Republican could win.
Demsrule86
(68,352 posts)NewJeffCT
(56,827 posts)One house out of 2 is controlled by the GOP. The state senate is 32-31 Republican.
The State Assembly in 105-41 Democrat.
Demsrule86
(68,352 posts)The Senate is controlled by Republicans. That is a fact.
NewJeffCT
(56,827 posts)where are Republicans going to get the votes to get their nominee?
grantcart
(53,061 posts)elleng
(130,151 posts)BUFFALO, N.Y. (WKBW) - The New York State Solicitor General, Barbara Underwood, will take over as acting Attorney General when Eric Schneiderman steps down at the close of business on Tuesday.
The announcement came in a tweet from Amy Spitalnick, press secretary for the New York State Attorney General's Office.
https://www.wkbw.com/news/barbara-underwood-named-acting-attorney-general-following-schneidermans-resignation