Burgos abruptly announces resignation, effective immediately

In a surprise Friday afternoon announcement, Assembly Member Kenny Burgos released a statement saying that he had resigned from the state Legislature, effective immediately. The move brings Democrats’ ranks in the Assembly down to 100, the lowest it has been in years and the bare minimum to hold onto the party’s veto-proof supermajority.

In a statement posted on social media, Burgos, who represented Assembly District 85 in the South Bronx, cited the imminent birth of his first child as a major factor in his decision to step down. “As I prepare to step back from my role in the Assembly, my spirit remains ever rooted in the Bronx,” Burgos said. “I will continue to engage with and support this community that I love so dearly, contributing in every capacity I can to ensure our progress never falters.” Burgos did not face any primary opposition this year and was expected to easily win reelection. Now his district will remain vacant until the general election in November. The Bronx Democratic Party will select a candidate to replace Burgos on the general election ballot. A spokesperson for the county party said that while the final decision will be made by the Bronx Democrats’ County Committee,  the party is supportive of state Democratic Committee Member Emerita Torres. She currently serves as vice president for policy, research and advocacy at the anti-poverty nonprofit Community Service Society. Torres is also a former diplomat for the U.S. State Department, with tours in countries including Brazil, Pakistan and Colombia.

The seat is heavily Democratic, so if Torres wins the blessing of party leaders, she is all but assured to win in November. 

Though the seat will almost certainly remain in Democratic hands, Burgos’ exit officially drops the number of Democrats in the Assembly to 100, the lowest their ranks have been in years. If the Democrats’ numbers go any lower, they would lose their Assembly supermajority for the first time in at least a decade. Burgos’ exit comes on the heels of Assembly Member Kenneth Zebrowski’s resignation earlier this month, which brought Democrats’ ranks, already somewhat depleted after the 2022 elections, down from 102 to 101 members.

With lawmakers gone from Albany until next year – unless they get called back on unplanned business – the change in numbers will realistically have little impact. Even if they the state Legislature were in session, a 100-member super majority, while very slim, is still more than enough to assert the kind of dominance Democrats have had in the chamber since they gained uninterrupted control of it in 1975. But after several years of red waves in New York, most notably in 2022 when control of the House flipped in large part due to GOP performance in the state, the decrease is notable. Assembly Democrats have enjoyed comfortable supermajorities since the 2016 elections brought their ranks up to 107 members (including one independent who formally became a Democrat in 2022). It dropped to 106 following the 2018 elections, but increased back to 107 after 2020, with fluctuations throughout the years based on vacancies.

But losses in 2022 brought that number down to just 102. While their supermajority in the past was large enough to weather vacancies, the absence of just two members now threatens to break it. While Democrats certainly have some pick up opportunities in the Assembly come November, they also have their own vulnerabilities with open seats and nominal seats held on by thin margins last cycle.