NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2284
SPONSOR: Smullen (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
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to allow for the recall of statewide elected
officials.
SUMMARY OF SPECIFIC PROVISIONS:
This bill authorizes the use of recall in New York State for all state-
wide elected officers. Recall authorizes electors to remove an elective
officer. If electors seek to recall a statewide officer, then the peti-
tion must be signed by at least 12% of the last vote for the particular
office.
JUSTIFICATION:
The basis for the procedure of recalling an elected official is the
well-accepted maxim that voters should retain the right of control over
their elected officials. No one would seriously dispute that a candidate
for public office may be elected for several reason and some of the
reasons may bear very little relation to the candidate's ability to
perform public duties effectively. Recall recognizes this by acknowledg-
ing that if people can be elected to public office for non-job-related
reasons, they can also be removed from office for a variety of reasons.
Another strong argument for establishing recall in New York is an impor-
tant check on the power of special interests in the state. As for any
argument that recall can be abused for frivoldus reasons or proposals,
it must be kept in mind that the voters can reject any measure they are
unsure of and, in fact, one could argue that the voters should be trust-
ed to act in the public interest. Measures of direct democracy, such as
recall can empower New York's residents whenever their elected officials
ignore their concerns.
PRIOR LEGISLATIVE HISTORY:
2023-24 - S.1437/A.4748 - Opinion referred to Judiciary
2021-22 - S.3777/A.6469 - Opinion referred to Judiciary
2019-20 - S.2011/A.3220 - Judiciary Committee
2017-18 - S.1226 - Judiciary Committee
FISCAL IMPLICATIONS:
Possibly slightly increased administrative costs.
EFFECTIVE DATE:
Upon passage by two separately elected Legislatures and approval by the
voters after such passage.
STATE OF NEW YORK
________________________________________________________________________
2284
2025-2026 Regular Sessions
IN ASSEMBLY
January 16, 2025
___________
Introduced by M. of A. SMULLEN, TAGUE, ANGELINO, DiPIETRO, HAWLEY, McDO-
NOUGH, DeSTEFANO, MANKTELOW, PALMESANO, GIGLIO, MILLER, MIKULIN,
K. BROWN, MORINELLO, SMITH, SIMPSON -- Multi-Sponsored by -- M. of A.
LEMONDES -- read once and referred 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 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 one hundred sixty days to file
11 signed petitions.
12 2. A petition to recall a statewide officer must be signed by electors
13 equal in number to twelve 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.
16 3. The secretary of state shall maintain a continuous count of the
17 signatures certified to that office.
18 § 3. 1. An election to determine whether to recall an officer and, if
19 appropriate, to elect a successor shall be called by the governor and
20 held not less than sixty days nor more than eighty days from the date of
21 certification of sufficient signatures.
22 2. A recall election may be conducted within one hundred eighty days
23 from the date of certification of sufficient signatures in order that
24 the election may be consolidated with the next regularly scheduled
25 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.
LBD89019-01-5
A. 2284 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 § 4. The legislature shall provide for circulation, filing, and
10 certification of petitions, nomination of candidates, and the recall
11 election.
12 § 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 § 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 § 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 § 2. Resolved (if the Senate concur), That the foregoing amendment be
23 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.
