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The resignation of state Attorney General Eric Schneiderman opens up the post for November, but in the near future it creates a vacancy for the state legislature to fill.
The state’s Public Officers Law outlines the process for filling vacancies, including the state compt
roller and attorney general positions. In the result of a vacancy, not caused by a removal from office, the two houses of the state legislature “shall appoint a person to fill” the post.
When every seat is occupied, the legislature consists of 213 positions. Because there are more than 107 Assembly Democrats they effectively can choose the next attorney general if they vote as a unified bloc.
In 2007, the Assembly Democrats came together to replace Comptroller Alan Hevesi with one of their own, Thomas P. DiNapoli.
The Schneiderman vacancy is effective after Tuesday, so the legislature can fill the post after that.
Candidates vying for the post in November will begin circulating petitions on June 5 to appear on the ballot.