Bill Text: NY S01437 | 2023-2024 | 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 3-0)

Status: (Introduced) 2024-01-29 - OPINION REFERRED TO JUDICIARY [S01437 Detail]

Download: New_York-2023-S01437-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1437

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 11, 2023
                                       ___________

        Introduced  by Sens. GRIFFO, BORRELLO, HELMING -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary

                    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 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 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.
                                                                   LBD89029-01-3
        S. 1437                             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 Assembly concur), That the foregoing amendment
    22  be 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.