Bill Text: NY S00475 | 2025-2026 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-08 - TO ATTORNEY-GENERAL FOR OPINION [S00475 Detail]

Download: New_York-2025-S00475-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           475

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
          printed to be committed 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 of an elective officer

     1    Section  1.  Resolved (if the Assembly 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 citizens to remove an elective offi-
     7  cer.
     8    §  2.  a. Recall of a state officer is initiated by a registered voter
     9  registering such voter's intent to initiate a recall of a state  officer
    10  with  the  state  board  of elections. Intent to initiate a recall shall
    11  include a reason for recall. Sufficiency of reason  is  not  reviewable.
    12  Proponents  have  ninety  days  from  the  registering of intent to file
    13  sufficient petitions.
    14    b. A petition to recall a statewide officer shall be  sufficient  when
    15  signed  by  registered voters equal in number to at least twenty percent
    16  of the total number of voters to vote in the previous election  for  the
    17  office, with signatures from each of the counties within the state equal
    18  in  number to at least one percent of the total number of voters to vote
    19  in the previous election for the office in the  county.  A  petition  to
    20  recall  senators  and  members  of the assembly shall be sufficient when
    21  signed by registered voters equal in number to at least  twenty  percent
    22  of  the  total number of voters to vote in the previous election for the
    23  office in the senate or assembly district. There shall be no ability  to
    24  recall  officers  serving  in  the office of judge. Sufficient petitions
    25  shall be certified by the state board of elections.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89010-01-5
        S. 475                              2

     1    c. The state board of elections shall maintain a continuous  count  of
     2  the signatures certified to that office.
     3    § 3. a. An election to determine whether to recall an officer shall be
     4  held  no  less than seventy days nor more than ninety days from the date
     5  of certification of sufficient signatures.
     6    b. If the majority of voters vote in favor of recall, the  officer  is
     7  removed.  In  the  following special election to fill the vacancy of the
     8  recalled officer, the recalled officer may not be a candidate, nor shall
     9  there be any candidacy for an office filled pursuant to section  two  of
    10  article six of this constitution.
    11    c. Upon the recall of a state officer in the office of state senate or
    12  state  assembly,  a  special election shall be called by the governor to
    13  fill the vacancy of a state senate or state assembly district.
    14    § 4. If recall of the governor is enacted, the duties  of  the  office
    15  shall be performed by the lieutenant governor. If recall of the lieuten-
    16  ant  governor is enacted, the duties of the lieutenant governor shall be
    17  performed by the temporary president of the senate.  If  recall  of  the
    18  attorney  general  or  comptroller  is  enacted,  the office of attorney
    19  general or comptroller shall be filled pursuant to section forty-one  of
    20  article three of the public officers law.
    21    §  5.  A  state officer who is not recalled shall not be reimbursed by
    22  the state  for  the  officer's  recall  election  expenses  legally  and
    23  personally  incurred.  Another  recall  may not be initiated against the
    24  officer until six months after the recall.
    25    § 6. Costs incurred by the county board of elections for operating the
    26  recall and the special election shall be reimbursed through the  general
    27  fund of New York state.
    28    §  2.  Resolved (if the Assembly concur), That the foregoing amendment
    29  be referred to the first regular legislative session convening after the
    30  next succeeding general election of members of  the  assembly,  and,  in
    31  conformity  with  section  1  of  article  19  of  the  constitution, be
    32  published for 3 months previous to the time of such election.