A06161 Summary:

BILL NO    A06161A

SAME AS    SAME AS S05512

SPONSOR    Tedisco

COSPNSR    Palmesano, Borelli, Corwin, Tenney, Malliotakis, Lalor, Kolb, Nojay

MLTSPNSR   McLaughlin, Stec

Ren Art 20 to be Art 21, add Art 20 SS1 - 6, Constn

Provides for the recall power of the electors to remove an elective officer.
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A06161 Memo:

BILL NUMBER:A6161A

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 ONE: CREATION OF ARTICLE 20 OF THE NEW YORK STATE
CONSTITUTION, RECALL

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.
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 or sooner than 90
days from when the petitions for recall are 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 to fill
the vacancy left by recall.

Section 4 provides for the protocol if the Governor, Lieutenant
Governor, Comptroller or Attorney General are recalled.

Section 5 State officials who survive a recall election shall not be
reimbursed for campaign expenditures.

Section 6 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:  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 electorate 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:  2013: A.6161-A amended and referred to
governmental operations 2013: A.6161 referred to governmental
operations 2012: A.01493 referred to governmental operations 2012:
A.01493 to attorney-general for opinion 2012: A.01493 held for
consideration in governmental operations 2011: A.01493 referred to
governmental operations 2011: A.01493 to attorney-general for opinion
2011: A.01493 opinion referred to judiciary 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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A06161 Text:

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

                                        6161--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 15, 2013
                                      ___________

       Introduced  by  M.  of  A.  TEDISCO, PALMESANO, BORELLI, CORWIN, TENNEY,
         MALLIOTAKIS, LALOR -- Multi-Sponsored by -- M. of A. McLAUGHLIN,  STEC
         --  read once and referred to the Committee on Governmental Operations
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and recommitted to said committee

                   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
    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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89069-02-3
       A. 6161--A                          2

    1  RECALL  OFFICERS  SERVING  IN  THE OFFICE OF JUDGE. SUFFICIENT PETITIONS
    2  SHALL BE CERTIFIED BY THE STATE BOARD OF ELECTIONS.
    3    C.  THE  STATE BOARD OF ELECTIONS SHALL MAINTAIN A CONTINUOUS COUNT OF
    4  THE SIGNATURES CERTIFIED TO THAT OFFICE.
    5    S 3. A. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER SHALL BE
    6  HELD NO LESS THAN SEVENTY DAYS NOR MORE THAN NINETY DAYS FROM  THE  DATE
    7  OF CERTIFICATION OF SUFFICIENT SIGNATURES.
    8    B.  IF  THE MAJORITY OF VOTERS VOTE IN FAVOR OF RECALL, THE OFFICER IS
    9  REMOVED. IN THE FOLLOWING SPECIAL ELECTION TO FILL THE  VACANCY  OF  THE
   10  RECALLED  OFFICIAL,  THE  RECALLED  OFFICER  MAY NOT BE A CANDIDATE, NOR
   11  SHALL THERE BY ANY CANDIDACY FOR AN OFFICE FILLED  PURSUANT  TO  SECTION
   12  TWO OF ARTICLE SIX.
   13    C.  UPON  THE RECALL OF A STATE OFFICIAL IN THE OFFICE OF STATE SENATE
   14  OR STATE ASSEMBLY, A SPECIAL ELECTION SHALL BE CALLED BY THE GOVERNOR TO
   15  FILL THE VACANCY OF A STATE SENATE OR STATE ASSEMBLY DISTRICT.
   16    S 4. IF RECALL OF THE GOVERNOR IS ENACTED, THE DUTIES  OF  THE  OFFICE
   17  SHALL BE PERFORMED BY THE LIEUTENANT GOVERNOR. IF RECALL OF THE LIEUTEN-
   18  ANT  GOVERNOR IS ENACTED, THE DUTIES OF THE LIEUTENANT GOVERNOR SHALL BE
   19  PERFORMED BY THE TEMPORARY PRESIDENT OF THE SENATE.  IF  RECALL  OF  THE
   20  ATTORNEY  GENERAL  OR  COMPTROLLER  IS  ENACTED,  THE OFFICE OF ATTORNEY
   21  GENERAL OR COMPTROLLER SHALL BE FILLED PURSUANT TO SECTION FORTY-ONE  OF
   22  ARTICLE THREE OF THE PUBLIC OFFICERS LAW.
   23    S  5.  A  STATE OFFICER WHO IS NOT RECALLED SHALL NOT BE REIMBURSED BY
   24  THE STATE  FOR  THE  OFFICER'S  RECALL  ELECTION  EXPENSES  LEGALLY  AND
   25  PERSONALLY  INCURRED.  ANOTHER  RECALL  MAY NOT BE INITIATED AGAINST THE
   26  OFFICER UNTIL SIX MONTHS AFTER THE RECALL.
   27    S 6. COSTS INCURRED BY THE COUNTY BOARD OF ELECTIONS FOR OPERATING THE
   28  RECALL AND THE SPECIAL ELECTION SHALL BE REIMBURSED THROUGH THE  GENERAL
   29  FUND OF NEW YORK STATE.
   30    S  2. Resolved (if the Senate concur), That the foregoing amendment be
   31  referred to the first regular legislative session  convening  after  the
   32  next  succeeding  general  election  of members of the assembly, and, in
   33  conformity with  section  1  of  article  19  of  the  constitution,  be
   34  published for 3 months previous to the time of such election.
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