Bill Text: NY A06161 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for the recall power of the electors to remove an elective officer.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2014-02-05 - opinion referred to judiciary [A06161 Detail]

Download: New_York-2013-A06161-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6161
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 15, 2013
                                      ___________
       Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
         tee on Governmental Operations
                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
       proposing the addition of a new  article  20  to  the  constitution,  in
         relation to providing for recall of an elective officer
    1    Section  1.  RESOLVED  (if  the Senate concur), That article 20 of the
    2  constitution be renumbered article 21 and a new article 20 be  added  to
    3  read as follows:
    4                                 ARTICLE XX
    5                                   RECALL
    6    SECTION  1.  RECALL IS THE POWER OF THE ELECTORS TO REMOVE AN ELECTIVE
    7  OFFICER.
    8    S 2. 1. RECALL OF A STATE OFFICER IS INITIATED BY  DELIVERING  TO  THE
    9  SECRETARY OF STATE A PETITION ALLEGING REASON FOR RECALL. SUFFICIENCY OF
   10  REASON  IS  NOT  REVIEWABLE.  PROPONENTS HAVE NINETY DAYS TO FILE SIGNED
   11  PETITIONS.
   12    2. A PETITION TO RECALL A STATEWIDE OFFICER MUST BE SIGNED BY ELECTORS
   13  EQUAL IN NUMBER TO TWENTY PERCENT OF THE LAST VOTE FOR THE OFFICE,  WITH
   14  SIGNATURES  FROM EACH OF FIVE COUNTIES EQUAL IN NUMBER TO ONE PERCENT OF
   15  THE LAST VOTE FOR  THE  OFFICE  IN  THE  COUNTY.  SIGNATURES  TO  RECALL
   16  SENATORS AND MEMBERS OF THE ASSEMBLY MUST EQUAL IN NUMBER TWENTY PERCENT
   17  OF  THE  LAST  VOTE  FOR THE OFFICE.   THERE SHALL BE NO RECALL POWER TO
   18  REMOVE JUDGES.
   19    3. THE SECRETARY OF STATE SHALL MAINTAIN A  CONTINUOUS  COUNT  OF  THE
   20  SIGNATURES CERTIFIED TO THAT OFFICE.
   21    S  3. 1. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER AND, IF
   22  APPROPRIATE, TO ELECT A SUCCESSOR SHALL BE CALLED BY  THE  GOVERNOR  AND
   23  HELD NOT LESS THAN SIXTY DAYS NOR MORE THAN EIGHTY DAYS FROM THE DATE OF
   24  CERTIFICATION OF SUFFICIENT SIGNATURES.
   25    2.  A  RECALL ELECTION MAY BE CONDUCTED WITHIN ONE HUNDRED EIGHTY DAYS
   26  FROM THE DATE OF CERTIFICATION OF SUFFICIENT SIGNATURES  IN  ORDER  THAT
   27  THE  ELECTION  MAY  BE  CONSOLIDATED  WITH  THE NEXT REGULARLY SCHEDULED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89069-01-3
       A. 6161                             2
    1  ELECTION OCCURRING WHOLLY OR PARTIALLY WITHIN THE SAME  JURISDICTION  IN
    2  WHICH  THE  RECALL ELECTION IS HELD, IF THE NUMBER OF VOTERS ELIGIBLE TO
    3  VOTE AT THAT NEXT REGULARLY SCHEDULED  ELECTION  EQUAL  AT  LEAST  FIFTY
    4  PERCENT OF ALL THE VOTERS ELIGIBLE TO VOTE AT THE RECALL ELECTION.
    5    3.  IF  THE MAJORITY VOTE ON THE QUESTION IS TO RECALL, THE OFFICER IS
    6  REMOVED AND, IF THERE IS A  CANDIDATE,  THE  CANDIDATE  WHO  RECEIVES  A
    7  PLURALITY  IS  THE  SUCCESSOR.  THE  OFFICER MAY NOT BE A CANDIDATE, NOR
    8  SHALL THERE BE ANY CANDIDACY FOR AN OFFICE FILLED  PURSUANT  TO  SECTION
    9  TWO OF ARTICLE SIX.
   10    S  4.  THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION, FILING, AND
   11  CERTIFICATION OF PETITIONS, NOMINATION OF  CANDIDATES,  AND  THE  RECALL
   12  ELECTION.
   13    S 5. IF RECALL OF THE GOVERNOR OR SECRETARY OF STATE IS INITIATED, THE
   14  RECALL DUTIES OF THAT OFFICE SHALL BE PERFORMED BY THE LIEUTENANT GOVER-
   15  NOR OR COMPTROLLER, RESPECTIVELY.
   16    S  6.  A  STATE OFFICER WHO IS NOT RECALLED SHALL BE REIMBURSED BY THE
   17  STATE FOR THE OFFICER'S RECALL ELECTION EXPENSES LEGALLY AND  PERSONALLY
   18  INCURRED.  ANOTHER RECALL MAY NOT BE INITIATED AGAINST THE OFFICER UNTIL
   19  SIX MONTHS AFTER THE ELECTION.
   20    S 7. THE LEGISLATURE SHALL PROVIDE FOR RECALL OF LOCAL OFFICERS.  THIS
   21  SECTION  DOES  NOT AFFECT COUNTIES AND CITIES WHOSE CHARTERS PROVIDE FOR
   22  RECALL.
   23    S 2. RESOLVED (if the Senate concur), That the foregoing amendment  be
   24  referred  to  the  first regular legislative session convening after the
   25  next succeeding general election of members of  the  assembly,  and,  in
   26  conformity  with  section  1  of  article  19  of  the  constitution, be
   27  published for 3 months previous to the time of such election.