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S06591 Summary:

BILL NOS06591
 
SAME ASSAME AS A05263
 
SPONSORTEDISCO
 
COSPNSR
 
MLTSPNSR
 
Ren Art 20 to be Art 21, add Art 20 §§1 - 7, Constn
 
Provides for recall of a statewide elective officer; empowers the citizens with the ability to remove elective officers.
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S06591 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6591
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 18, 2025
                                       ___________
 
        Introduced  by  Sen. TEDISCO -- 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 recall of a statewide elective officer

     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
 
     6    Section 1. Recall is the power of citizens to remove a statewide elec-
     7  tive  officer.  These include the offices of governor, lieutenant gover-
     8  nor, comptroller, and attorney general.
     9    § 2. (a) Recall of a statewide officer is initiated  by  a  registered
    10  voter  filing  an  affidavit  with  the  state board of elections of the
    11  voter's intent to initiate a recall of a statewide  officer.  Intent  to
    12  initiate  a  recall  shall  include  a reason for recall. Sufficiency of
    13  reason is not reviewable. Proponents have one hundred twenty  days  from
    14  the filing of the affidavit of intent to file sufficient petitions.  The
    15  affidavit  may be filed no sooner than six months after the beginning of
    16  the term of office.
    17    (b) A petition to recall a statewide officer shall be sufficient  when
    18  signed  by  registered voters equal in number to at least twelve percent
    19  of the total vote for the office in the previous election, with at least
    20  two  thousand  signatures  from  each  of  the   state's   congressional
    21  districts.    Sufficient petitions shall be certified by the state board
    22  of elections.
    23    (c) The state board of elections shall maintain a continuous count  of
    24  the signatures certified to that office.
    25    §  3. (a) An election to determine whether to recall a statewide offi-
    26  cer and, if necessary, to elect a  successor  shall  be  called  by  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89088-01-5

        S. 6591                             2
 
     1  governor  and  held not less than seventy days nor more than eighty days
     2  from the date of certification of sufficient signatures.
     3    (b) Notwithstanding subdivision (a) of this section, a recall election
     4  may be conducted within one hundred eighty days from the date of certif-
     5  ication  of  sufficient  signatures  in  order  that the election may be
     6  consolidated with the next general election.
     7    (c) If the majority of voters vote in favor of recall,  the  statewide
     8  officer  is  removed,  and,  if  there is a candidate, the candidate who
     9  receives a plurality is  the  successor.  The  statewide  officer  being
    10  recalled may not be a candidate.
    11    § 4. If recall of the governor is initiated, the recall duties of that
    12  office shall be performed by the lieutenant governor.
    13    §  5.  The  legislature  shall  provide  for  circulation, filing, and
    14  certification of petitions, nomination of  candidates,  and  the  recall
    15  election.
    16    §  6.  A statewide officer who is not recalled shall not be reimbursed
    17  by the state for the officer's  recall  election  expenses  legally  and
    18  personally  incurred.  Another  recall  may not be initiated against the
    19  statewide officer until six months after the recall.
    20    § 7. Costs incurred by county boards of elections  for  operating  the
    21  recall election shall be reimbursed through the general fund of New York
    22  state.
    23    §  2.  Resolved (if the Assembly concur), That the foregoing amendment
    24  be 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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