Bill Text: NY S02149 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for recall; provides that any state or local officer, including the governor, lieutenant governor, comptroller, attorney general and state legislators may be recalled; requires a petition for recall of a statewide officer to be signed by electors equal in number to fifteen percent of the votes case in the last election for the office with signatures in each of the twenty-seven congressional districts equal in number to five percent of the last vote for the office in the district; makes related provisions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-03-01 - OPINION REFERRED TO JUDICIARY [S02149 Detail]
Download: New_York-2021-S02149-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2149 2021-2022 Regular Sessions IN SENATE January 20, 2021 ___________ Introduced by Sens. SERINO, JORDAN -- 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 of 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. Any state or local officer may be recalled. These include 7 the offices of governor, lieutenant governor, comptroller, attorney 8 general, state legislators, county executives, mayors, and town supervi- 9 sors. A state or local officer appointed in lieu of election or to fill 10 a vacancy in one of these offices may also be recalled. 11 § 2. Recall of a state or local officer is initiated by delivering to 12 the state board of elections a petition alleging reasons for recall. A 13 recall petition must state clearly and factually the reason for the 14 recall based conduct during the officer's term of office. Sufficient 15 reason for recall shall be established in the case of a state or local 16 officer who has been indicted for a felony related to public office, or 17 convicted of a misdemeanor related to public office. No person may be 18 recalled for performing a mandatory duty of the office he or she holds 19 or for not performing any act that, if performed, would subject him or 20 her to prosecution for official misconduct. The legislature shall enact 21 legislation to implement this section taking into account interests of 22 justice. Proponents have ninety days to file signed petitions. 23 § 3. A petition to recall a statewide officer must be signed by elec- 24 tors equal in number to fifteen percent of the votes cast in the last 25 election for the office with signatures in each of the twenty-seven 26 congressional districts equal in number to five percent of the last vote 27 for the office in the district. A petition to recall senators and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89086-01-1S. 2149 2 1 members of the assembly must be signed by electors in the district equal 2 in number to twenty percent of the last vote for the office. A petition 3 to recall a local officer must be signed by electors in the district 4 equal in number to thirty percent of the last vote for the office. 5 § 4. The state board of elections shall maintain a continuous count of 6 the signatures certified to such office. 7 § 5. An election to determine whether to recall an officer and, if 8 appropriate, to elect a successor shall be called by the governor and 9 held not less than sixty days nor more than eighty days from the date of 10 certification of sufficient signatures. 11 § 6. A recall election may be conducted within one hundred eighty days 12 from the date of certification of sufficient signatures in order that 13 the election may be consolidated with the next regularly scheduled 14 election occurring wholly or partially within the same jurisdiction in 15 which the recall election is held, if the number of voters eligible to 16 vote at that next regularly scheduled election equals at least fifty 17 percent of all voters eligible to vote at the recall election. 18 § 7. If the majority vote on the question is to recall, the officer 19 shall be removed and a special election shall be called by the Governor. 20 A special election shall not be called within one hundred eighty days of 21 a general election for the office. The candidate who receives a plural- 22 ity is the successor. The officer may not be a candidate. 23 § 8. The legislature shall provide for circulation filing, and certif- 24 ication of petitions, nominations of candidates, and recall election 25 procedures. 26 § 9. If the recall of the governor or secretary of state is initiated, 27 the recall duties of that office shall be performed by the lieutenant 28 governor or comptroller, respectively. 29 § 10. Counties, cities, towns and villages may provide for additional 30 grounds for recalls. 31 § 2. Resolved (if the Assembly concur), That the foregoing amendment 32 be referred to the first regular legislative session convening after the 33 next succeeding general election of members of the assembly, and, in 34 conformity with section 1 of article 19 of the constitution, be 35 published for 3 months previous to the time of such election.
