The Democratic-controlled state Assembly on Thursday moved to authorize the Assembly Judiciary Committee to begin an impeachment investigation as Gov. Andrew Cuomo is facing multiple allegations of sexual harassment and scrutiny over his administration's handling of nursing home deaths in New York.
But how would impeachment work in New York if it comes to that? Here's a question and answer below.
1. How rare is this?
New York lawmakers have only impeached and removed one governor in New York history. William Sulzer was impeached and eventually removed from office in 1913, ostensibly over campaign donations, but also because machine politicians who were part of Tammany Hall wanted him gone.
Sulzer, though removed from office as governor after his conviction, later ran for and won a seat in the state Assembly.
2. What is the process for impeachment?
In New York, impeaching a governor is not dissimilar from impeaching a president. A resolution would have to originate in the 150-member chamber and require 76 votes to pass.
If approved, a trial would be held in the state Senate and overseen by the judges of the state Court of Appeals (all of whom are appointees of Cuomo). The senators themselves would act as jurors. Two-thirds of the 63-member state Senate would be required to convict and remove.
3. What about the lieutenant governor?
Incumbent Kathy Hochul would be next in line to become governor. But here's the twist that is very different from the federal level: A governor under impeachment in New York must relinquish power temporarily to the lieutenant governor, who becomes acting governor during the trial.
4. What does the state constitution consider to be an impeachable offense?
Very little. Unlike the U.S. Constitution which stipulates "high crimes and misdemeanors" as impeachable offenses for federal officers, New York's constitution is not nearly as helpful. In fact, the constitution outlines only a barebones process for impeachment in the Assembly and a trial in the state Senate.
5. What are the chances of Gov. Cuomo actually being impeached?
This is will vary day to day, especially if more allegations of harassment come to light or as more reporting develops on how the administraion handled nursing home fatality reporting.
At the moment, only a handful of Democrats have broached the idea of impeaching Cuomo. Forty Democratic lawmakers in the state Assembly have signed onto to publicly calling for his resignation.
It's important to note this caveat, too: If it does come to impeachment, Democrats will likely want to pass any resolutions without Republican support in the state Assembly. So, while the benchmark in the Assembly is 76 of its 150 members, it's really 76 Democrats that would make for critical mass. And those numbers are not quite there yet.