Democrats control the Assembly and state Senate, and so they would stand in judgment of their fellow Democrat, Gov. Andrew Cuomo, the putative leader of the state party. | Bennett Raglin/Getty Images
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 state Attorney General Tish James’ report on multiple allegations of sexual harassment against Gov. Andrew Cuomo on Tuesday is certain to give new urgency to an ongoing impeachment investigation by the state Assembly’s Judiciary Committee.
Already, Assembly Speaker Carl Heastie 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.
While uncommon in New York politics, impeachment has become a good deal more familiar to Americans over the last quarter-century, which has seen three of the nation’s four presidential impeachments. The process in New York is similar to the impeachments of Bill Clinton and Donald Trump, but there are a couple of differences.
Here are some details about what is known, and what is not, about the arcane process of impeaching New York governors:
What are the outlines of impeachment?
Similar to presidential impeachments, the process starts in the lower of the two legislative chambers, 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 James’ office. The committee, scheduled to hold its next meeting on Monday, is due to report back to the Assembly when its investigation is complete. It is uncertain how long the process will take.
In the Sulzer impeachment, the select committee headed by state Sen. James Frawley took a couple of months. It delivered its report in mid-August, 1913, and the full Assembly immediately began its deliberations. It voted to impeach Sulzer after a debate that extended until about 5 o’clock in the morning. The Assembly speaker, future presidential candidate Al Smith, had to bang his gavel to awaken some of the members who had fallen asleep in their chairs during the debate and roll call.
Impeachment would require the support of a simple majority 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 — and the seven members of New York’s highest court, the Court of Appeals.
In presidential impeachments, of course, members of the U.S. Supreme Court have no role, except that the sitting chief justice has presided over all but the most-recent proceeding against Donald Trump, which took place after he left the presidency.
The majority leader would not have a vote?
Senate Majority Leader Andrea Stewart-Cousins, 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 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.
What else do we know?
Relatively little. 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 — a shortcoming legal experts have also faulted in the federal equivalent. And the Sulzer affair left a murky precedent. Sulzer’s offense actually took place before he became governor, and, what’s more, the impeached governor’s allies insisted it was a trumped-up charge.
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 chose. Sulzer declined to testify during his impeachment trial.
Who would replace the governor?
Lt. Gov. Kathy Hochul, a Democrat twice elected with Cuomo as part of a shared ticket, would step in if the governor is removed or if he leaves of his own accord. It’s also possible she would serve as acting governor during the impeachment trial, although that remains murky.
After Sulzer was impeached in the Assembly, he refused to recognize the Legislature’s designation of Lt. Gov. Martin Glynn as acting governor. That led to a weeks-long spectacle of dueling governors before the trial began.
Lieutenant governors periodically serve in acting capacities when the sitting governor is traveling outside of New York or is “otherwise unable to discharge the powers and duties of the office.”
If she becomes governor, Hochul could appoint a new lieutenant governor. David Paterson did just that when he succeeded Eliot Spitzer in 2008. He appointed Richard Ravitch as his lieutenant.
Could the governor run again after being removed?
A Senate conviction could permanently bar Cuomo or any other governor from seeking statewide political office. However, that would not necessarily prohibit someone from running for other offices. Sulzer, for example, was elected to the Assembly within months of his removal as governor.
What are the political considerations?
Democrats control the Assembly and state Senate, as they did when Sulzer was impeached, and so they would stand in judgment of their fellow Democrat, Cuomo, the 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.
Since the initial crush of allegations against Cuomo, state and congressional Democrats have repeatedly appeared at public events alongside the embattled governor and lauded his leadership on various issues. At times, these Democrats have struggled to explain the apparent contradiction of validating a governor who they previously said should step down.
All state lawmakers and every statewide elected official are up for reelection next year. Cuomo is serving his third term as governor and has previously said he’d like to win a fourth.
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