NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4070
SPONSOR: Sepulveda (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 the recall of an elected official
PURPOSE OR GENERAL IDEA OF BILL:
To establish a process for recall elections for state and local elected
officials.
SUMMARY OF SPECIFIC PROVISIONS:
Creates new Article 20 of the State Constitution. Defines recall term
and terms to who it will apply: state and local elected officials.
Recall would be initiated by a petition with reasons for recall being
delivered to the secretary of state.
Proponents would then have 90 days to file signed petitions.
A recall petition must clearly and factually state the reason or reasons
for recall, which must be based on the elected official's conduct during
his or her term of office.
Permissible reasons shall include: physical or mental lack of fitness,
or act of malfeasance or misconduct while in office, violation of oath
of office, failure to perform duties prescribed by law, willfully misus-
ing, converting, or misappropriation, without authority, of public prop-
erty or public funds entrusted to or associated with the elective office
to which the official has been elected or appointed, a finding of proba-
ble cause of ethics violation has been made by the New York State Joint
Commission on Public Ethics, or any municipal ethics commission, or New
York State Commission on Judicial Conduct.
Petition for state elected official must be signed by 10% of eligible
voters. Petition for local elected official recall must be signed by 15%
of eligible voters.
Recall election and successor elections would be called by the governor
and held no less than 60 days and no more than 80 days from certif-
ication of sufficient signatures. A recall election may be conducted
within 180 days from the date of certification of sufficient signatures
in order that the election may be consolidated with the next regularly
scheduled election occurring in that jurisdiction. If the voters vote in
favor of recall, the official is recalled and cannot run for reelection
for that office.
If recall of the governor is initiated, the recall duties of that office
shall be performed by the lieutenant governor.
If recall is unsuccessful, another recall cannot be initiated for 6 more
months.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
N/A
JUSTIFICATION:
Unlike 19 other states in the nation, there is no recall system for
voters in New York State to remove an elected official. The power to
remove a local elected official rests solely with the Governor for some
local elected officials.
New York's electorate has been shaken by bad actions of the few elected
officials who are charged with upholding and creating laws but are
instead breaking them. 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 extending this right to remove and replace an elected
official, prior to the completion of their term, 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. 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.
Currently, until convicted of a felony, the electorate has no way of
holding its elected officials accountable. Even judges break ethical
standards and are only rarely removed for those violations and usually
are only censured after the first or second misstep.
This legislation provides for specific reasons permitted for a recall
and a high amount of needed signatures for recall election to be called.
Such will prevent recalls for strictly political reasons.
PRIOR LEGISLATIVE HISTORY:
2016: A.8682 Opinion Referred to Judiciary
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
Resolved (if the Senate 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.
