This Is How Impeachment Works in New York

Impeachment calls against Gov. Andrew Cuomo peaked in the spring over a series of scandals -- and again following the stunning revelations of the attorney general investigation into sexual harassment allegations brought forth by numerous women against the governor.

Although politicians, including Democrats at all levels of government, called for the three-term governor and political scion to resign, the majority have said if he does not step down, they would seek to impeach him.

New York's process for impeaching and removing a governor from office has some parallels — and some important differences — to the process the U.S. Congress uses for impeaching presidents.

Like at the federal level, New York impeachments start in the lower house of the legislature — in this case, the Assembly. If a majority of members vote to impeach Cuomo, a trial on his removal from office would be held in what's known as the Impeachment Court.

Because the governor is the person who would be on trial, neither Lt. Gov. Kathy Hochul (president of the senate) or Majority Leader Andrea Stewart-Cousins (temporary president of the senate) can participate, according to the constitution.

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The court consists not only of members of the state Senate, but also judges of the state's highest court, the Court of Appeals, who would also cast votes. There are seven appeals court judges and 63 senators, though not all would serve on the impeachment court. Cuomo has appointed all seven members of the Court of Appeals.

Court members would need a two-thirds majority in order to convict Cuomo -- and if convicted, the governor will either be removed from office or be removed from office and barred from holding any public office in New York.

If Cuomo is found guilty, Lt. Gov. Hochul will replace him as the new governor.

In the history of the state, only one governor has ever been impeached. William Sulzer, the 39th governor of New York, had been in the seat for less than a year before he was impeached.

Sulzer, accused of failing to report thousands of dollars in campaign contributions and commingling campaign funds with personal funds, blasted the court’s secret deliberations, complaining: “A horse thief in frontier days would have received a squarer deal."

If Cuomo were impeached by the Assembly, state law might force him to step aside immediately — a dramatic difference from what happens when the U.S. president is impeached.

A section of the state's judicial code regarding impeachment states: “No officer shall exercise his office, after articles of impeachment against him shall have been delivered to the senate, until he is acquitted.”

“In case the governor is impeached, is absent from the state or is otherwise unable to discharge the powers and duties of the office of governor, the lieutenant-governor shall act as governor until the inability shall cease or until the term of the governor shall expire,” the constitution states.

When Sulzer was impeached, Lt. Gov. Martin Glynn was appointed acting governor.

If Cuomo were to be acquitted in an impeachment court, he would return to office. If the Impeachment Court were to remove him from office, Hochul would serve out the remainder of Cuomo's term — through the end of 2022. The court could also opt to disqualify him from holding office in the future, on top of removing him.

Read the Cuomo Report From the NY Attorney General’s Office