A01493 Summary:

BILL NO    A01493 

SAME AS    No same as 

SPONSOR    Tedisco (MS)

COSPNSR    Amedore

MLTSPNSR   Castelli

Renum Art 20 to be Art 21, add Art 20 SS1 - 7, Constn

Provides for the recall power of the electors to remove an elective officer.
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A01493 Actions:

BILL NO    A01493 

01/10/2011 referred to governmental operations
01/12/2011 to attorney-general for opinion
03/21/2011 opinion referred to judiciary
01/04/2012 referred to governmental operations
01/18/2012 to attorney-general for opinion
05/15/2012 held for consideration in governmental operations
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A01493 Votes:

There are no votes for this bill in this legislative session.
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A01493 Memo:

BILL NUMBER:A1493

TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos-
ing 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.
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A01493 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1493

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S  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    S 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    S 4. THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION,  FILING,  AND
   11  CERTIFICATION  OF  PETITIONS,  NOMINATION  OF CANDIDATES, AND THE RECALL
   12  ELECTION.
   13    S 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    S 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    S  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    S  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.
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