Bill Text: NY S01459 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides for recall which empowers the electors with the ability to remove elective officers in the state and a citywide official in a first class city.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-02-15 - OPINION REFERRED TO JUDICIARY [S01459 Detail]

Download: New_York-2017-S01459-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1459
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced  by  Sens. AVELLA, PERALTA -- 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
     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    Section  1.  Recall is the power of the electors to remove an elective
     6  officer.
     7    § 2. 1. Recall of a state officer or of citywide official in  a  first
     8  class  city is initiated by delivering to the secretary of state a peti-
     9  tion alleging reason for recall. Sufficiency of reason  is  not  review-
    10  able. Proponents have one hundred sixty days to file signed petitions.
    11    2. A petition to recall a statewide officer must be signed by electors
    12  equal  in number to twelve percent of the last vote for the office, with
    13  signatures from each of five counties equal in number to one percent  of
    14  the  last  vote  for  the  office  in  the  county. Signatures to recall
    15  senators, members of the assembly, and  judges  of  supreme  courts  and
    16  trial  courts  must  equal in number twenty percent of the last vote for
    17  the office.
    18    3. A petition to recall a citywide official in a first class city must
    19  be signed by electors equal in number to twenty percent of the last vote
    20  for the office.
    21    4. The secretary of state shall maintain a  continuous  count  of  the
    22  signatures certified to that office.
    23    §  3. 1. An election to determine whether to recall an officer and, if
    24  appropriate, to elect a successor shall be called by  the  governor  and
    25  held not less than sixty days nor more than eighty days from the date of
    26  certification of sufficient signatures.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89014-01-7
        S. 1459                             2
     1    2.  A  recall election may be conducted within one hundred eighty days
     2  from the date of certification of sufficient signatures  in  order  that
     3  the  election  may  be  consolidated  with  the next regularly scheduled
     4  election occurring wholly or partially within the same  jurisdiction  in
     5  which  the  recall election is held, if the number of voters eligible to
     6  vote at that next regularly scheduled  election  equal  at  least  fifty
     7  percent of all the voters eligible to vote at the recall election.
     8    3.  If  the majority vote on the question is to recall, the officer is
     9  removed and, if there is a  candidate,  the  candidate  who  receives  a
    10  plurality  is  the  successor.  The  officer may not be a candidate, nor
    11  shall there be any candidacy for an office filed pursuant to section two
    12  of article six.
    13    § 4. The  legislature  shall  provide  for  circulation,  filing,  and
    14  certification  of  petitions,  nomination  of candidates, and the recall
    15  election.
    16    § 5. If recall of the governor or secretary of state is initiated, the
    17  recall duties of that office shall be performed by the lieutenant gover-
    18  nor or comptroller, respectively.
    19    § 6. A state officer or citywide official in a first class city who is
    20  not recalled shall be reimbursed by the state or respective city for the
    21  officer's recall election  expenses  legally  and  personally  incurred.
    22  Another recall may not be initiated against the officer until six months
    23  after the election.
    24    §  7. The legislature shall provide for recall of local officers. This
    25  section does not affect counties and cities whose charters  provide  for
    26  recall.
    27    §  2.  Resolved (if the Assembly concur), That the foregoing amendment
    28  be referred to the first regular legislative session convening after the
    29  next succeeding general election of members of  the  assembly,  and,  in
    30  conformity  with  section  1  of  article  19  of  the  constitution, be
    31  published for 3 months previous to the time of such election.