Ren Art 20 to be Art 21, add Art 20 §§1 - 10, Constn
Provides for recall; provides that any state or local officer, including the governor, lieutenant governor, comptroller, attorney general and state legislators may be recalled; requires a petition for recall of a statewide officer to be signed by electors equal in number to fifteen percent of the votes case in the last election for the office with signatures in each of the twenty-seven congressional districts equal in number to five percent of the last vote for the office in the district; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
2157
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
___________
Introduced by Sens. SERINO, CROCI, MURPHY -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
ary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing the addition of a new article 20 of the constitution, in
relation to providing for recall
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. Any state or local officer may be recalled. These include
7 the offices of governor, lieutenant governor, comptroller, attorney
8 general, state legislators, county executives, mayors, and town supervi-
9 sors. A state or local officer appointed in lieu of election or to fill
10 a vacancy in one of these offices may also be recalled.
11 § 2. Recall of a state or local officer is initiated by delivering to
12 the state board of elections a petition alleging reasons for recall. A
13 recall petition must state clearly and factually the reason for the
14 recall based conduct during the officer's term of office. Sufficient
15 reason for recall shall be established in the case of a state or local
16 officer who has been indicted for a felony related to public office, or
17 convicted of a misdemeanor related to public office. No person may be
18 recalled for performing a mandatory duty of the office he or she holds
19 or for not performing any act that, if performed, would subject him or
20 her to prosecution for official misconduct. The legislature shall enact
21 legislation to implement this section taking into account interests of
22 justice. Proponents have ninety days to file signed petitions.
23 § 3. A petition to recall a statewide officer must be signed by elec-
24 tors equal in number to fifteen percent of the votes cast in the last
25 election for the office with signatures in each of the twenty-seven
26 congressional districts equal in number to five percent of the last vote
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89048-01-7
S. 2157 2
1 for the office in the district. A petition to recall senators and
2 members of the assembly must be signed by electors in the district equal
3 in number to twenty percent of the last vote for the office. A petition
4 to recall a local officer must be signed by electors in the district
5 equal in number to thirty percent of the last vote for the office.
6 § 4. The state board of elections shall maintain a continuous count of
7 the signatures certified to such office.
8 § 5. An election to determine whether to recall an officer and, if
9 appropriate, to elect a successor shall be called by the governor and
10 held not less than sixty days nor more than eighty days from the date of
11 certification of sufficient signatures.
12 § 6. A recall election may be conducted within one hundred eighty days
13 from the date of certification of sufficient signatures in order that
14 the election may be consolidated with the next regularly scheduled
15 election occurring wholly or partially within the same jurisdiction in
16 which the recall election is held, if the number of voters eligible to
17 vote at that next regularly scheduled election equals at least fifty
18 percent of all voters eligible to vote at the recall election.
19 § 7. If the majority vote on the question is to recall, the officer
20 shall be removed and a special election shall be called by the Governor.
21 A special election shall not be called within one hundred eighty days of
22 a general election for the office. The candidate who receives a plural-
23 ity is the successor. The officer may not be a candidate.
24 § 8. The legislature shall provide for circulation filing, and certif-
25 ication of petitions, nominations of candidates, and recall election
26 procedures.
27 § 9. If the recall of the governor or secretary of state is initiated,
28 the recall duties of that office shall be performed by the lieutenant
29 governor or comptroller, respectively.
30 § 10. Counties, cities, towns and villages may provide for additional
31 grounds for recalls.
32 § 2. Resolved (if the Assembly concur), That the foregoing amendment
33 be referred to the first regular legislative session convening after the
34 next succeeding general election of members of the assembly, and, in
35 conformity with section 1 of article 19 of the constitution, be
36 published for 3 months previous to the time of such election.
