NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1493
SPONSOR: Tedisco (MS) TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL: This bill adds a new article to the
Constitution to allow for the recall of elected officials.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 defines recall as the power
of the electors to remove an elective officer.
Section 2 Details how to initiate the recall of a state officer.
Specifically, to recall a statewide officer, 20% of the voters that took
part in the last election for that official must sign a recall petition.
Petitions shall be delivered, within 90 days, to the Secretary of State.
The Secretary of State shall maintain a continuous count of the signa-
tures certified to that office. There shall be no recall power to remove
judges.
Section 4 provides the time constraints that must be followed by the
Governor in calling for a recall election. This section also provides
that a majority vote to recall is all that is needed to remove the offi-
cer in question. The candidate that receives a plurality is the succes-
sor.
Section 5 provides that if the Governor is the focus of the recall then
the recall duties shall be performed by the lieutenant governor or the
comptroller.
Section 6 provides for the reimbursement of expenses for a state officer
not recalled. Another recall may not be initiated against that officer
until six months after the election.
Section 7 calls for the legislature to provide for the recall of local
officers. This section does not affect counties and cities whose char-
ters provide for recall.
JUSTIFICATION: New York Sate is in the midst of a financial crisis.
Unfortunately, instead of dealing with the most pressing issues, our
elected officials are distracted by political gamesmanship. The gridlock
in the state Senate caused by the selfish actions of a few senators
crippled the State for months. Confidence in government and in those
elected to govern is at an all time low. The confidence of the elector-
ate needs to be rebuilt. By giving our citizens the right to exercise
recall, this bill does just that. It is time to remind all of our
elected officials that, in a democracy, the power rests with the voters
and not with the people they put into office. The public should not have
to wait until the end of an officials elected term to hold that person
accountable for his or her actions.
PRIOR LEGISLATIVE HISTORY: 2010: Referred to Governmental Operations.
FISCAL IMPLICATIONS: To be determined
EFFECTIVE DATE: Resolved (if the concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.
STATE OF NEW YORK
________________________________________________________________________
1493
2011-2012 Regular Sessions
IN ASSEMBLY
January 10, 2011
___________
Introduced by M. of A. TEDISCO, AMEDORE -- read once and referred to the
Committee on Governmental Operations
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 Senate 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 ninety days to file signed
11 petitions.
12 2. A petition to recall a statewide officer must be signed by electors
13 equal in number to twenty 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. Signatures to recall
16 senators and members of the assembly must equal in number twenty percent
17 of the last vote for the office. There shall be no recall power to
18 remove judges.
19 3. The secretary of state shall maintain a continuous count of the
20 signatures certified to that office.
21 § 3. 1. An election to determine whether to recall an officer and, if
22 appropriate, to elect a successor shall be called by the governor and
23 held not less than sixty days nor more than eighty days from the date of
24 certification of sufficient signatures.
25 2. A recall election may be conducted within one hundred eighty days
26 from the date of certification of sufficient signatures in order that
27 the election may be consolidated with the next regularly scheduled
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89027-01-1
A. 1493 2
1 election occurring wholly or partially within the same jurisdiction in
2 which the recall election is held, if the number of voters eligible to
3 vote at that next regularly scheduled election equal at least fifty
4 percent of all the voters eligible to vote at the recall election.
5 3. If the majority vote on the question is to recall, the officer is
6 removed and, if there is a candidate, the candidate who receives a
7 plurality is the successor. The officer may not be a candidate, nor
8 shall there be any candidacy for an office filed pursuant to section two
9 of article six.
10 § 4. The legislature shall provide for circulation, filing, and
11 certification of petitions, nomination of candidates, and the recall
12 election.
13 § 5. If recall of the governor or secretary of state is initiated, the
14 recall duties of that office shall be performed by the lieutenant gover-
15 nor or comptroller, respectively.
16 § 6. A state officer who is not recalled shall be reimbursed by the
17 state for the officer's recall election expenses legally and personally
18 incurred. Another recall may not be initiated against the officer until
19 six months after the election.
20 § 7. The legislature shall provide for recall of local officers. This
21 section does not affect counties and cities whose charters provide for
22 recall.
23 § 2. RESOLVED (if the Senate concur), That the foregoing amendment be
24 referred to the first regular legislative session convening after the
25 next succeeding general election of members of the assembly, and, in
26 conformity with section 1 of article 19 of the constitution, be
27 published for 3 months previous to the time of such election.
