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A06161 Summary:

COSPNSRPalmesano, Borelli, Corwin, Tenney, Malliotakis, Lalor, Kolb, Nojay
MLTSPNSRMcLaughlin, 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 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                     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

        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    §  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.

        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    § 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    § 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    §  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    § 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    §  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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