STATE OF NEW YORK
________________________________________________________________________
1309
2023-2024 Regular Sessions
IN SENATE
January 11, 2023
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed 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 the recall of a district attorney
1 Section 1. Resolved (if the Assembly 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 of a District Attorney
6 Section 1. Recall is the power of the electors to remove an elective
7 officer.
8 § 2. 1. Recall of a district attorney is initiated by delivering to
9 the state board of elections a petition alleging reason for recall.
10 Sufficiency of reason is not reviewable. Proponents have one hundred
11 sixty days to file signed petitions.
12 2. A petition to recall a district attorney must be signed by electors
13 within the county the district attorney shall have been elected or
14 appointed equal in number to twenty percent of the last vote for the
15 office.
16 3. The state board of elections shall maintain a continuous count of
17 the signatures certified to that office.
18 § 3. 1. An election to determine whether to recall a district attorney
19 and, if appropriate, to elect a successor shall be called by the gover-
20 nor and held not less than sixty days nor more than eighty days from the
21 date of 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
26 which the recall election is held, if the number of voters eligible to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89045-01-3
S. 1309 2
1 vote at that next regularly scheduled election equal at least fifty
2 percent of all the voters eligible to vote at the recall election.
3 3. If the majority vote on the question is to recall, the district
4 attorney is removed and, if there is a candidate, the candidate who
5 receives a plurality is the successor. The district attorney may not be
6 a candidate.
7 § 4. A district attorney who is not recalled shall be reimbursed by
8 the state for the district attorney's recall election expenses legally
9 and personally incurred. Another recall may not be initiated against
10 the district attorney until six months after the election.
11 § 2. Resolved (if the Assembly concur), That the foregoing amendment
12 be referred to the first regular legislative session convening after the
13 next succeeding general election of members of the assembly, and, in
14 conformity with section 1 of article 19 of the constitution, be
15 published for 3 months previous to the time of such election.
