I love these types of arguments, as debating them is fun. In this case, the dysfunctionalism of the New York State Senate, which is currently in Republican hands due to two Democrats switching sides ( I did say dysfunctional), has one of the dissenters coming up with a most creative idea.
Senator Pedro Espada Jr., the other Democrat who sided with Republicans and was elected as the new Senate president in last week’s overthrow, said on Wednesday that the State Constitution allowed him to cast two votes in the case of a tie: one as senator, and one as acting lieutenant governor, who is empowered by the Constitution to cast a vote in the event of a tie. (Because the lieutenant governor’s office is vacant, that office’s powers fall to the Senate president.)
The constitutional language in question is vague, and any such move would probably lead to litigation by Democrats.