The Assembly is the "lower house" of the Legislature, and consists of one-hundred and fifty members, each chosen from a single-member district. The "upper house," the Senate, includes a varying number of members. The Constitution provides that the default membership be fifty members. However, it provides that if any county would by virtue of its population be entitled to more than three Senators, then the first three Senators would count towards the limit of fifty, while the remainder would be in addition to the fifty. Currently, there are twelve additional Senators (who are in terms of legislative power equal to any other Senators), making the total membership sixty-two.
In order to be a member of either house, one must be citizens of the United States, resident in the state of New York for at least five years, and a resident of the district for at least one year prior to election.
Legislative elections are held in November of every even-numbered year. Assemblymen serve two-year terms, while Senators serve four-year terms.
The Assembly is headed by the Speaker, while the Senate is headed by the President, a post held ex-officio by the State Lieutenant Governor. The Senate President has only a casting vote. More often, the Senate is presided over by the Temporary President, who is also the Majority Leader.
The Legislature is empowered to make law, subject to the Governor's power to veto a bill. However, the veto may be overriden by the Legislature if there is a two-thirds majority in favor of overriding in each House. Furthermore, it has the power to propose Constitutional amendments by a majority vote, and then another majority vote following an election. If so proposed, the amendment becomes valid if agreed to by the voters at a referendum.