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A04898 Summary:

Ren Art 20 to be Art 21, add Art 20 §§1 - 6, Constn
Provides for the recall power of the electors to remove an elective officer.
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A04898 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    February 8, 2021
        Introduced  by M. of A. SIMPSON -- read once and referred to the Commit-
          tee on Governmental Operations
        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
    24  recall officers serving in the office  of  judge.  Sufficient  petitions
    25  shall be certified by the state board of elections.
    26    c.  The  state board of elections shall maintain a continuous count of
    27  the signatures certified to that office.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4898                             2
     1    § 3. a. An election to determine whether to recall an officer shall be
     2  held no less than seventy days nor more than ninety days from  the  date
     3  of certification of sufficient signatures.
     4    b.  If  the majority of voters vote in favor of recall, the officer is
     5  removed. In the following special election to fill the  vacancy  of  the
     6  recalled  official,  the  recalled  officer  may not be a candidate, nor
     7  shall there by any candidacy for an office filled  pursuant  to  section
     8  two of article six of this constitution.
     9    c.  Upon  the recall of a state official in the office of state senate
    10  or state assembly, a special election shall be called by the governor to
    11  fill the vacancy of a state senate or state assembly district.
    12    § 4. If recall of the governor is enacted, the duties  of  the  office
    13  shall be performed by the lieutenant governor. If recall of the lieuten-
    14  ant  governor is enacted, the duties of the lieutenant governor shall be
    15  performed by the temporary president of the senate.  If  recall  of  the
    16  attorney  general  or  comptroller  is  enacted,  the office of attorney
    17  general or comptroller shall be filled pursuant to section forty-one  of
    18  article three of the public officers law.
    19    §  5.  A  state officer who is not recalled shall not be reimbursed by
    20  the state  for  the  officer's  recall  election  expenses  legally  and
    21  personally  incurred.  Another  recall  may not be initiated against the
    22  officer until six months after the recall.
    23    § 6. Costs incurred by the county board of elections for operating the
    24  recall and the special election shall be reimbursed through the  general
    25  fund of New York state.
    26    §  2. Resolved (if the Senate concur), That the foregoing amendment be
    27  referred to the first regular legislative session  convening  after  the
    28  next  succeeding  general  election  of members of the assembly, and, in
    29  conformity with  section  1  of  article  19  of  the  constitution,  be
    30  published for 3 months previous to the time of such election.
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