Please note - Republicans will NOT be picking the next NY Attorney General

[NewJeffCT]

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]

1. In the meantime current New York State Solicitor General Barbara Underwood is acting AG. n/t

[NewJeffCT]

3. Underwood is also a Democrat

so, I think we'll be okay

[crazylikafox]

2. Thank you!

[Gothmog]

4. Thanks for posting

[NewJeffCT]

5. yes

there seemed to be a lot of people upset because Republicans have nominal control of the state senate in NY

[Demsrule86]

10. Which means we won't get anyone and Trump gets a reprieve or we get a rightie.

[NewJeffCT]

11. no it does not

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]

12. The GOP does control the New York Senate.

[NewJeffCT]

13. it doesn't matter in this case

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.]

6. Any Chance Of Preet Taking Over?

[NewJeffCT]

7. I would love to see him

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]

8. I understand that, but an election for the position will be held this November..

Where a Republican could win.

[Demsrule86]

9. The legislature is GOP controlled thanks to a turncoat Democrat.

[NewJeffCT]

14. NO IT IS NOT

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]

15. and both groups pick a temporary AG replacement...

The Senate is controlled by Republicans. That is a fact.

[NewJeffCT]

16. It is a joint session that does it by combined vote

where are Republicans going to get the votes to get their nominee?

[grantcart]

17. It us a joint session with a combined vote

[elleng]

18. Barbara Underwood to be named acting Attorney General following Schneiderman's resignation.

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