Bill Text: NY S05512 | 2013-2014 | 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 - Dead) 2014-02-11 - OPINION REFERRED TO JUDICIARY [S05512 Detail]
Download: New_York-2013-S05512-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5512 2013-2014 Regular Sessions I N S E N A T E May 16, 2013 ___________ Introduced by Sen. MARCHIONE -- 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 7 OFFICER. 8 S 2. A. RECALL OF A STATE OFFICER IS INITIATED BY A REGISTERED VOTER 9 REGISTERING HIS OR HER INTENT TO INITIATE A RECALL OF A STATE OFFICIAL 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. 26 C. THE STATE BOARD OF ELECTIONS SHALL MAINTAIN A CONTINUOUS COUNT OF 27 THE SIGNATURES CERTIFIED TO THAT OFFICE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89069-03-3 S. 5512 2 1 S 3. A. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER SHALL BE 2 HELD NO LESS THAN SEVENTY DAYS NOR MORE THAN NINETY DAYS FROM THE DATE 3 OF CERTIFICATION OF SUFFICIENT SIGNATURES. 4 B. IF THE MAJORITY OF VOTERS VOTE IN FAVOR OF RECALL, THE OFFICER IS 5 REMOVED. IN THE FOLLOWING SPECIAL ELECTION TO FILL THE VACANCY OF THE 6 RECALLED OFFICIAL, THE RECALLED OFFICER MAY NOT BE A CANDIDATE, NOR 7 SHALL THERE BY ANY CANDIDACY FOR AN OFFICE FILLED PURSUANT TO SECTION 8 TWO OF ARTICLE SIX. 9 C. UPON THE RECALL OF A STATE OFFICIAL IN THE OFFICE OF STATE SENATE 10 OR STATE ASSEMBLY, A SPECIAL ELECTION SHALL BE CALLED BY THE GOVERNOR TO 11 FILL THE VACANCY OF A STATE SENATE OR STATE ASSEMBLY DISTRICT. 12 S 4. IF RECALL OF THE GOVERNOR IS ENACTED, THE DUTIES OF THE OFFICE 13 SHALL BE PERFORMED BY THE LIEUTENANT GOVERNOR. IF RECALL OF THE LIEUTEN- 14 ANT GOVERNOR IS ENACTED, THE DUTIES OF THE LIEUTENANT GOVERNOR SHALL BE 15 PERFORMED BY THE TEMPORARY PRESIDENT OF THE SENATE. IF RECALL OF THE 16 ATTORNEY GENERAL OR COMPTROLLER IS ENACTED, THE OFFICE OF ATTORNEY 17 GENERAL OR COMPTROLLER SHALL BE FILLED PURSUANT TO SECTION FORTY-ONE OF 18 ARTICLE THREE OF THE PUBLIC OFFICERS LAW. 19 S 5. A STATE OFFICER WHO IS NOT RECALLED SHALL NOT BE REIMBURSED BY 20 THE STATE FOR THE OFFICER'S RECALL ELECTION EXPENSES LEGALLY AND 21 PERSONALLY INCURRED. ANOTHER RECALL MAY NOT BE INITIATED AGAINST THE 22 OFFICER UNTIL SIX MONTHS AFTER THE RECALL. 23 S 6. COSTS INCURRED BY THE COUNTY BOARD OF ELECTIONS FOR OPERATING THE 24 RECALL AND THE SPECIAL ELECTION SHALL BE REIMBURSED THROUGH THE GENERAL 25 FUND OF NEW YORK STATE. 26 S 2. Resolved (if the Assembly concur), That the foregoing amendment 27 be referred to the first regular legislative session convening after the 28 next succeeding general election of members of the assembly, and, in 29 conformity with section 1 of article 19 of the constitution, be 30 published for 3 months previous to the time of such election.