A07118 Summary:

COSPNSRReilly, Gallahan, Salka, Ashby, Durso, Gandolfo, Byrnes, DeStefano, Palmesano, McDonough, Manktelow, Angelino, DiPietro, Montesano, Smullen, Lemondes
Ren Art 20 to be Art 21, add Art 20, Constn
Provides for recall of a statewide elective officer; empowers the citizens with the ability to remove elective officers.
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A07118 Actions:

04/22/2021referred to election law
04/29/2021to attorney-general for opinion
05/13/2021opinion referred to judiciary
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A07118 Committee Votes:

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A07118 Floor Votes:

There are no votes for this bill in this legislative session.
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A07118 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     April 22, 2021
        Introduced  by M. of A. TAGUE -- read once and referred to the Committee
          on Election Law
        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 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 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 his or
    11  her intent to initiate a recall of a statewide officer. Intent to initi-
    12  ate a recall shall include a reason for recall. Sufficiency of reason is
    13  not reviewable. Proponents have one hundred twenty days from the  filing
    14  of  the affidavit of intent to file sufficient petitions.  The affidavit
    15  may be filed no sooner than six months after the beginning of  the  term
    16  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.

        A. 7118                             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 Senate concur), That the foregoing amendment be
    24  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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