Ren Art 20 to be Art 21, add Art 20 SS1 - 12, Constn
Provides for initiative and referendum and recall; empowers the electors with the ability to propose statutes and amendments to the constitution, approve or reject statutes or parts of statutes, and remove elective officers.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4929
SPONSOR: Kolb (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 initiative and referendum and recall
PURPOSE OR GENERAL IDEA OF BILL: To foster greater participatory
democracy in New York State by allowing voters to: 1) place proposed
laws on the ballot for New Yorkers to adopt or reject ("initiative"); 2)
place an already existing law on the ballot for New Yorkers to reject or
accept ("referendum"); and 3) place the question of whether to remove
and replace a public official on the ballot ("recall").
SUMMARY OF SPECIFIC PROVISIONS: Section 1 and its implementing
portions establish the use of initiative in New York State. Initiative
is defined as the power of electors to propose statutes and constitu-
tional amendments for approval or rejection by the voters. In brief, the
initiative measure is submitted by presenting a petition to the Secre-
tary of State containing both wording of the initiative for a statute
and signatures of electors that constitute at least 5% of the total
votes cast for all gubernatorial candidates at the last election for
governor. If the petition's initiative measure proposes a constitutional
amendment, then the petition must have at least 8% of the total votes
cast in the last gubernatorial election.
Section 2 and its implementing components authorize referendum in New
York. Referendum is described as the power of electors to approve or
reject statutes (or parts of statutes). This resolution prohibits refer-
endum from being employed in cases of statutes calling elections and
statutes authorizing tax levies or appropriations for the State's
current expenses. A referendum measure shall be proposed by presenting
to the Secretary of State, within ninety (90) days after the statute to
be affected by the proposed referendum has become effective, a petition
signed by at least 5% of the total votes cast for gubernatorial candi-
dates in the last election for governor.
If an initiative or referendum measure is approved by a majority of
votes, it takes effect the day after the election unless the measure
states otherwise. In the event provisions of two or more measures
approved at the same election conflict, those provisions of the measure
receiving the greater number of affirmative votes shall govern. This
resolution also permits cities or counties to exercise initiative and
referendum powers.
Section 6 and its ancillary sections authorize the use of recall in New
York State for all statewide elected officers, state senators, assembly
members, supreme court judges and trial court judges. Recall authorizes
electors to remove an elective officer. If electors seek to recall a
statewide officer, then the petition must be signed by at least 12% of
the last vote for the particular office. Recall of a state senator,
assembly member, and supreme and trial court judges shall require signa-
tures equal to at least 20% of the prior vote for the office.
JUSTIFICATION: New York State is facing several policy challenges in a
very difficult fiscal climate. While few people would disagree with the
common sense proposition that it is best to confront such challenges by
turning to as many people as possible to either propose new legislation
or amend existing legislation, New York continues to lag behind other
states by failing to enact initiative and referendum ("I and R"). I and
R would engage all New Yorkers by allowing them to propose new laws
("Initiative") or alter existing ones ("Referendum") and, if they obtain
the requisite support from their fellow New Yorkers, place I and R meas-
ures on the ballot at elections for all New Yorkers to consider.
I and R, at its heart, is the means to ensure real popular control of
public affairs. Since it is the New York populace that is affected by
laws enacted in the legislature, why shouldn't this same populace enjoy
the right to approve or reject laws that a majority of New York voters
choose to approve or reject. This resolution would help ensure the popu-
lar control of public affairs by New York citizens through authorizing I
and R. However, there are safeguards in the resolution to ensure that an
excessive number of measures do not get on the ballot. Any initiative or
referendum measure must obtain at least 5% of all votes cast for gover-
nor in the most recent gubernatorial election. 5% of the votes cast in
the 2014 gubernatorial contest equals 196,516 persons.
As for recall, the basis for this procedure is the well accepted maxim
that voters should retain the right of control over their elected offi-
cials. No one would seriously dispute that a candidate for public office
may be elected for several reasons and some of the reasons may bear very
little relation to the candidate's ability to perform public duties
effectively. Recall recognizes this by acknowledging that if people can
be elected to public office for non-job related reasons, they can also
be removed from office for a variety of reasons.
Another strong argument for establishing I and R and recall in New York
is as an important check on the power of special interests in the State.
Twenty-seven states have initiative, referendum or some form of both. As
for the argument that I and R and recall can be abused for frivolous
reasons or proposals, it must be kept in mind that the voters can reject
any measure they are unsure of and, in fact, one could argue that the
voters should be trusted to act in the public interest. In sum, direct
democracy measures such as I and R and recall can empower New York citi-
zens whenever their elected officials ignore their concerns.
PRIOR LEGISLATIVE HISTORY: A.5392 (2013-14), To Attorney General for
Opinion; Held in Judiciary; A.6526 (2011-12), To Attorney General for
Opinion; Held in Judiciary; A.6815 (2009-10), To Attorney General for
Opinion; Referred to Judiciary; A.3665 (2007-08), To Attorney General
for Opinion; Held in Judiciary; A.4854 (2005-06), To Attorney General
for Opinion; Held in Judiciary; A.9790 (2004), To Attorney General for
Opinion; Referred to Judiciary.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Possible slight-
ly increased administrative costs.
EFFECTIVE DATE: Upon passage by two separately elected Legislatures
and approval by the voters after such passage.
