Bill Text: NY S05190 | 2011-2012 | 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 (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-09 - TO ATTORNEY-GENERAL FOR OPINION [S05190 Detail]

Download: New_York-2011-S05190-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5190
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced  by  Sen.  AVELLA -- 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    S 2. 1. RECALL OF A STATE OFFICER IS INITIATED BY  DELIVERING  TO  THE
    8  SECRETARY OF STATE A PETITION ALLEGING REASON FOR RECALL. SUFFICIENCY OF
    9  REASON IS NOT REVIEWABLE. PROPONENTS HAVE ONE HUNDRED SIXTY DAYS TO FILE
   10  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. THE SECRETARY OF STATE SHALL MAINTAIN A  CONTINUOUS  COUNT  OF  THE
   19  SIGNATURES CERTIFIED TO THAT OFFICE.
   20    S  3. 1. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER AND, IF
   21  APPROPRIATE, TO ELECT A SUCCESSOR SHALL BE CALLED BY  THE  GOVERNOR  AND
   22  HELD NOT LESS THAN SIXTY DAYS NOR MORE THAN EIGHTY DAYS FROM THE DATE OF
   23  CERTIFICATION OF SUFFICIENT SIGNATURES.
   24    2.  A  RECALL ELECTION MAY BE CONDUCTED WITHIN ONE HUNDRED EIGHTY DAYS
   25  FROM THE DATE OF CERTIFICATION OF SUFFICIENT SIGNATURES  IN  ORDER  THAT
   26  THE  ELECTION  MAY  BE  CONSOLIDATED  WITH  THE NEXT REGULARLY SCHEDULED
   27  ELECTION OCCURRING WHOLLY OR PARTIALLY WITHIN THE SAME  JURISDICTION  IN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89128-01-1
       S. 5190                             2
    1  WHICH  THE  RECALL ELECTION IS HELD, IF THE NUMBER OF VOTERS ELIGIBLE TO
    2  VOTE AT THAT NEXT REGULARLY SCHEDULED  ELECTION  EQUAL  AT  LEAST  FIFTY
    3  PERCENT OF ALL THE VOTERS ELIGIBLE TO VOTE AT THE RECALL ELECTION.
    4    3.  IF  THE MAJORITY VOTE ON THE QUESTION IS TO RECALL, THE OFFICER IS
    5  REMOVED AND, IF THERE IS A  CANDIDATE,  THE  CANDIDATE  WHO  RECEIVES  A
    6  PLURALITY  IS  THE  SUCCESSOR.  THE  OFFICER MAY NOT BE A CANDIDATE, NOR
    7  SHALL THERE BE ANY CANDIDACY FOR AN OFFICE FILED PURSUANT TO SECTION TWO
    8  OF ARTICLE SIX.
    9    S 4. THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION,  FILING,  AND
   10  CERTIFICATION  OF  PETITIONS,  NOMINATION  OF CANDIDATES, AND THE RECALL
   11  ELECTION.
   12    S 5. IF RECALL OF THE GOVERNOR OR SECRETARY OF STATE IS INITIATED, THE
   13  RECALL DUTIES OF THAT OFFICE SHALL BE PERFORMED BY THE LIEUTENANT GOVER-
   14  NOR OR COMPTROLLER, RESPECTIVELY.
   15    S 6. A STATE OFFICER WHO IS NOT RECALLED SHALL BE  REIMBURSED  BY  THE
   16  STATE  FOR THE OFFICER'S RECALL ELECTION EXPENSES LEGALLY AND PERSONALLY
   17  INCURRED. ANOTHER RECALL MAY NOT BE INITIATED AGAINST THE OFFICER  UNTIL
   18  SIX MONTHS AFTER THE ELECTION.
   19    S  7. THE LEGISLATURE SHALL PROVIDE FOR RECALL OF LOCAL OFFICERS. THIS
   20  SECTION DOES NOT AFFECT COUNTIES AND CITIES WHOSE CHARTERS  PROVIDE  FOR
   21  RECALL.
   22    S  2.  Resolved (if the Assembly concur), That the foregoing amendment
   23  be referred to the first regular legislative session convening after the
   24  next succeeding general election of members of  the  assembly,  and,  in
   25  conformity  with  section  1  of  article  19  of  the  constitution, be
   26  published for 3 months previous to the time of such election.