SENATE Republicans and Democrats alike fear a “night mare scenario” in which each party returns to the Capitol in January with 31 members – with no lieutenant governor in office to break the tie.
Such a scenario, producing a protracted battle as party members throw every possible inducement at their opponents in order to get them to switch sides, would likely bring New York’s already dysfunctional government to a total halt.
What’s more, Gov. Paterson and Assembly Speaker Sheldon Silver, both Democrats, are certain to get involved in trying to influence the outcome, possibly on opposite sides, legislative insiders agree.
Normally, a lieutenant governor breaks a tie vote, but with Paterson’s elevation from the post to governor in March, the No. 2 position will be open until January 2011.
While the tie-breaking responsibility of “acting lieutenant governor” now rests with Senate Majority Leader Dean Skelos (R-Nassau), his term in both posts runs out at the end of the year.
So if 31 members of each party take their seats in the Senate Jan. 1, there won’t be a majority leader, or acting lieutenant governor, present to break a tie vote.
“It’s a nightmare scenario, and many of us are worried about it,” a senior Senate lawyer told The Post. “It could happen, and there are many people who think there’s a good chance it will.”
Meanwhile, the ability of the Democrats to manage the Senate if they win a majority is being widely questioned at the Capitol, even by top Paterson aides. And while Paterson has been publicly supportive of Senate Minority Leader Malcolm Smith of Queens, he may be prepared to support Sen. Jeff Klein of The Bronx as majority leader if a Democratic takeover occurs, sources said.