Bill Text: NY A06469 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides for recall; empowers the electors with the ability to remove elective officers.

Spectrum: Partisan Bill (Republican 22-0)

Status: (Introduced - Dead) 2022-02-18 - opinion referred to judiciary [A06469 Detail]

Download: New_York-2021-A06469-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6469

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 17, 2021
                                       ___________

        Introduced  by  M. of A. SMULLEN, TAGUE -- read once and referred to the
          Committee on Judiciary

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing the addition of a new  article  20  to  the  constitution,  in
          relation to providing for recall

     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    § 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 one hundred sixty days to file
    11  signed petitions.
    12    2. A petition to recall a statewide officer must be signed by electors
    13  equal  in number to twelve 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.
    16    3.  The  secretary  of  state shall maintain a continuous count of the
    17  signatures certified to that office.
    18    § 3. 1. An election to determine whether to recall an officer and,  if
    19  appropriate,  to  elect  a successor shall be called by the governor and
    20  held not less than sixty days nor more than eighty days from the date of
    21  certification of sufficient signatures.
    22    2. A recall election may be conducted within one hundred  eighty  days
    23  from  the  date  of certification of sufficient signatures in order that
    24  the election may be  consolidated  with  the  next  regularly  scheduled
    25  election  occurring  wholly or partially within the same jurisdiction in
    26  which the recall election is held, if the number of voters  eligible  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89043-03-1
        A. 6469                             2

     1  vote  at  that  next  regularly  scheduled election equal at least fifty
     2  percent of all the voters eligible to vote at the recall election.
     3    3.  If  the majority vote on the question is to recall, the officer is
     4  removed and, if there is a  candidate,  the  candidate  who  receives  a
     5  plurality  is  the  successor.  The  officer may not be a candidate, nor
     6  shall there be any candidacy for an office filed pursuant to section two
     7  of article six.
     8    § 4. The  legislature  shall  provide  for  circulation,  filing,  and
     9  certification  of  petitions,  nomination  of candidates, and the recall
    10  election.
    11    § 5. If recall of the governor or secretary of state is initiated, the
    12  recall duties of that office shall be performed by the lieutenant gover-
    13  nor or comptroller, respectively.
    14    § 6. A state officer who is not recalled shall be  reimbursed  by  the
    15  state  for the officer's recall election expenses legally and personally
    16  incurred. Another recall may not be initiated against the officer  until
    17  six months after the election.
    18    §  7. The legislature shall provide for recall of local officers. This
    19  section does not affect counties and cities whose charters  provide  for
    20  recall.
    21    §  2. Resolved (if the Senate concur), That the foregoing amendment be
    22  referred to the first regular legislative session  convening  after  the
    23  next  succeeding  general  election  of members of the assembly, and, in
    24  conformity with  section  1  of  article  19  of  the  constitution,  be
    25  published for 3 months previous to the time of such election.