Feb 12, 2010 12:58
In New York State, Hiram Monserrate was expelled from the Senate, having been convicted of a misdemeanor involving the physical abuse of his girlfriend. The problem is that unlike the US Constitution and Congress, the New York State Constitution has no provision that allows the houses of the legislature to judge the qualifications of its own members, or to impeach or expel them.
So of course he is challenging the expulsion in court.
In California, the consitution provides that in case of a vacancy, the Governor shall nominate, and the Senate and Assembly shall confirm, a Lt. Governor. And if the Senate and Assembly do not act in 90 days, the appointee shall take office as if he were confirmed.
Abel Maldanado was nominated to be Lt. Governor back in November, and the Senate and Assembly both voted on that nomination yesterday. The Senate backed him by a vote of 26-7 (39 current members), a clear majority, while the Assembly voted 37-35 in his favor (79 current members). So he's in, right?
Bzzzt. The constitution specifically says that he must be confirmed by a majority of the membership, not a majority of those present and voting. So he's out, right?
Bzzzt. Many people, including the Governator, are claiming that since he was neither confirmed with a majority nor rejected with a majority, it is as if the Assembly did not act. And if the Assembly does not either confirm him with 40 votes or reject him with 40 votes, he is entitled to be sworn in later this month when the 90 days since his nomination are up. The people who did not vote to confirm him (mostly Democrats) are naturally saying this is absurd.
Insofar as no court has ever ruled on this, no one really knows.
Stay tuned.
california,
new york