NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3136
SPONSOR: Simpson 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 State officials.
SUMMARY OF PROVISIONS:
SECTION ONE: That article 20 of the constitution be renumbered article
21 and a new article 20 be added
Section 1 defines recall as the power of the electors to remove an elec-
tive officer.
Section 2 details how to initiate the recall of a state officer. Recall
is initiated by a registration of intent to the State Board of
Elections., From that point, the petitioners have ninety days to gain
the necessary signatures. Sufficient signatures shall be 20% of the
registered voters that took part in the last election for that official.
Petitions shall be delivered, within 90 days, to the State Board of
Elections. The State Board of Elections shall maintain the petitions.
There shall be no recall power to remove judges.
Section 3 creates the protocol for the recall election. A recall
election shall take place no sooner than 70 days nor later than 90 days
from when the petitions for recall were certified. If the voters vote in
favor of recall, the official is recalled and cannot run for reelection
for that office. The Governor shall call a special election to fill the
vacancy left by recall.
Section 4 provides the protocol in the event the Governor, Lieutenant
Governor, Comptroller or Attorney General are recalled.
Section 5 makes known that State officials who survive a recall election
shall not be reimbursed for campaign expenditures.
Section 6 states that costs incurred by the County Board of Elections
for the recall and special election shall be compensated by the State of
New York through the General Fund.
SECTION TWO: RESOLVED THAT IF PASSED BY THE SENATE AND ASSEMBLY IN TWO
CONSECUTIVE LEGISLATIVE SESSIONS, THE LEGISLATION SHALL BE PLACED ON THE
STATEWIDE BALLOT AS A REFERENDUM.
JUSTIFICATION:
Recall, the ability to remove and replace an elected official prior to
the completion of their term, is a privilege extended to citizens in 19
states. By extending this right to New Yorkers, we will be providing
them with a mechanism to remove officials who have breached the public
trust while creating a powerful deterrent for others who might do the
same.
PRIOR LEGISLATIVE HISTORY:
02/08/19: A.5291 referred to governmental operations
02/14/19: A.5291 to attorney-general for opinion
03/14/19: A.5291 opinion referred to judiciary
01/08/20: A.5291 referred to governmental operations
01/17/20: A.5291 to attorney-general for opinion
02/14/20: A.5291 opinion referred to judiciary
07/16/20: A.5291 held for consideration in governmental operations
02/08/21: A.4898 referred to governmental operations
02/11/21: A.4898 to attorney-general for opinion
03/04/21: A.4898 opinion referred to judiciary
01/05/22: A.4898 referred to governmental operations
01/05/22: A.4898 to attorney-general for opinion
02/18/22: A.4898 opinion referred to judiciary
04/26/22: A.4898 held for consideration in governmental operations
02/02/23: A.3091 referred to governmental operations
02/03/23: A.3091 to attorney-general for opinion
02/17/23: A.3091 opinion referred to judiciary
01/03/24: A.3091 referred to governmental operations
01/08/24: A.3091 to attorney-general for opinion
01/26/24: A.3091 opinion referred to judiciary
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To Be Determined
EFFECTIVE DATE:
Resolved (if concurrence) 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
________________________________________________________________________
3136
2025-2026 Regular Sessions
IN ASSEMBLY
January 23, 2025
___________
Introduced by M. of A. SIMPSON, BENDETT -- 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 citizens to remove an elective offi-
7 cer.
8 § 2. a. Recall of a state officer is initiated by a registered voter
9 registering such voter's intent to initiate a recall of a state officer
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.
LBD89010-01-5
A. 3136 2
1 § 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 officer, the recalled officer may not be a candidate, nor shall
7 there be any candidacy for an office filled pursuant to section two of
8 article six of this constitution.
9 c. Upon the recall of a state officer in the office of state senate or
10 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 § 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 § 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 § 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 § 2. Resolved (if the Senate concur), That the foregoing amendment be
27 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.
