senate Bill S5516

Establishes a process for the conducting of recall elections for state and local elected officials

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 27 / May / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Establishes a process for the conducting of recall elections for state and local elected officials; such provisions shall not apply to judges and justices.

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Bill Details

Versions:
S5516
Legislative Cycle:
2011-2012
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §30, add Art 3-A §§45 - 49-c, Art 3-B §§50 - 57, Pub Off L; amd §3-102, El L

Sponsor Memo

BILL NUMBER:S5516

TITLE OF BILL:
An act
to amend the public officers law and the election law,
in relation to the recall of state
and local elected officials

PURPOSE:
To establish a process for recall elections for state and
local elected officials.

SUMMARY OF PROVISIONS:
Section One - Paragraph h of subdivision 1 of section 30 of the public
officers law, as amended by chapter 209 of the laws of 1954 , is
amended and a new paragraph i is added pertaining to 'his or her
removal from office pursuant to article three-a or three-b of this
chapter.'

Section Two - The public officers law is amended by adding two new
articles 3-A and 3-B to create the recall of state elected officials
and the recall of local elected officials.
Article 3-B pertains to state elected officials and establishes the
process including:
Application for recall, Petition for recall, Filing of petition,
Recall election, Judicial review, Grounds for recall and accompanying
rules and regulations. Article 3-B creates the process for the recall
of local elected officials and also sets forth: Definitions,
Application for recall, Petition for recall, Filing of petition,
Recall election, Judicial review, Grounds for recall and accompanying
rules and regulations.

Section Three - Section 3-102 of the election law is amended by adding
a new subdivision 16-b to administer the provisions of Article 3-A of
the public officers law and promulgate such rules and regulations as
shall be necessary to implement the provisions of Article 3-B of the
public officers law.

Section Four - Establishes the effective date.

EXISTING LAW:
New York State does not currently have a recall process
for elected officials.

JUSTIFICATION:
Despite the fact that they are a small minority, recent examples of
criminal, unethical and questionable conduct by elected officials,
has greatly increased public demand for a procedure to legally remove
an elected official before their term is complete. Voters have a
right to hold their elected officials accountable for their actions,
without having to wait for the next election cycle. According to the
National Conference of State Legislatures, currently, 19 states
permit the recall of state elected officials, and at least 29 states
have a process in place to recall local elected officials. The
legislation will allow New York State voters that same opportunity,
by providing a process to recall non-judicial, statewide and local


elected office holders for misconduct, incompetence or failure to
perform the duties of the office.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of January
next succeeding the date on which it shall have become a law;
provided, that, effective immediately, any rules and regulations
necessary to implement the provisions of this act on its effective
date are authorized and directed to be completed on or before such
date.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5516

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 27, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT  to  amend  the  public  officers  law  and the election law, in
  relation to the recall of state and local elected officials

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  h of subdivision 1 of section 30 of the public
officers law, as amended by chapter 209 of the laws of 1954, is  amended
and a new paragraph i is added to read as follows:
  h.  His  OR HER refusal or neglect to file his OR HER official oath or
undertaking, if one is required, before or within thirty days after  the
commencement  of the term of office for which he OR SHE is chosen, if an
elective office, or if an appointive office, within  thirty  days  after
notice  of  his  OR  HER  appointment,  or  within thirty days after the
commencement of such term; or to file a renewal undertaking  within  the
time  required by law, or if no time be so specified, within thirty days
after notice to him OR HER in pursuance of law, that such renewal under-
taking is required. The neglect or failure of any state or local officer
to execute and file his OR HER oath of office and  official  undertaking
within  the  time limited therefor by law, shall not create a vacancy in
the office if such officer was on active duty in the armed forces of the
United States and absent from the county of his OR HER residence at  the
time  of  his  OR HER election or appointment, and shall take his OR HER
oath of office and execute his OR HER official undertaking within thirty
days after receipt of notice of his OR HER election or appointment,  and
provided  such  oath  of office and official undertaking be filed within
ninety days following the date it has been  taken  and  subscribed,  any
inconsistent provision of law, general, special, or local to the contra-
ry, notwithstanding[.]; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11559-04-1

S. 5516                             2

  I.  HIS  OR  HER  REMOVAL  FROM  OFFICE PURSUANT TO ARTICLE THREE-A OR
THREE-B OF THIS CHAPTER.
  S 2. The public officers law is amended by adding two new articles 3-A
and 3-B to read as follows:
                               ARTICLE 3-A
                    RECALL OF STATE ELECTED OFFICIALS
SECTION 45.   DEFINITIONS.
        46.   APPLICATION FOR RECALL.
        47.   PETITION FOR RECALL.
        48.   FILING OF PETITION.
        49.   RECALL ELECTION.
        49-A. JUDICIAL REVIEW.
        49-B. GROUNDS FOR RECALL.
        49-C. RULES AND REGULATIONS.
  S 45. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "RECALL COMMITTEE" MEANS A COMMITTEE OF THREE SPONSORS OF AN APPLI-
CATION  FOR  RECALL WHO AGREE, IN WRITING ON SUCH APPLICATION, TO REPRE-
SENT ALL SPONSORS AND SUBSCRIBERS OF A RECALL CONDUCTED PURSUANT TO THIS
ARTICLE.
  2. "SPONSOR" MEANS ANY PERSON WHO SIGNS AN APPLICATION FOR RECALL  AND
WHO ALSO AGREES, IN WRITING ON SUCH APPLICATION, TO CIRCULATE A PETITION
FOR RECALL.
  3.  "STATE ELECTED OFFICIAL" MEANS THE GOVERNOR, THE LIEUTENANT GOVER-
NOR, THE COMPTROLLER, THE ATTORNEY GENERAL OR  A  MEMBER  OF  THE  STATE
LEGISLATURE.
  S  46.  APPLICATION FOR RECALL. 1. THE RECALL OF A STATE ELECTED OFFI-
CIAL SHALL BE PROPOSED BY THE FILING OF AN APPLICATION THEREFOR WITH THE
STATE BOARD OF ELECTIONS. A FILING FEE OF ONE HUNDRED DOLLARS  SHALL  BE
INCLUDED  WITH  EACH SUCH APPLICATION. SUCH FEE SHALL BE REFUNDED TO THE
APPLICANT IF THE APPLICATION IS PROPERLY FILED PURSUANT TO THIS SECTION.
IN THE EVENT AN APPLICATION IS NOT PROPERLY FILED,  SUCH  FEE  SHALL  BE
TRANSFERRED TO THE COMPTROLLER FOR DEPOSIT INTO THE STATE GENERAL FUND.
  2. NO APPLICATION FOR THE RECALL OF THE GOVERNOR, LIEUTENANT GOVERNOR,
COMPTROLLER  OR  ATTORNEY  GENERAL  SHALL  BE FILED WITHIN THE FIRST TWO
HUNDRED FORTY DAYS OF HIS OR HER TERM OF OFFICE; OR FOR THE RECALL OF  A
MEMBER  OF  THE  STATE  LEGISLATURE, DURING THE FIRST ONE HUNDRED TWENTY
DAYS OF HIS OR HER TERM OF OFFICE.  FURTHERMORE, NO APPLICATION FOR  THE
RECALL OF ANY STATE ELECTED OFFICIAL SHALL BE FILED DURING THE FINAL TWO
HUNDRED DAYS OF HIS OR HER TERM OF OFFICE.
  IN  ADDITION, NO APPLICATION FOR THE RECALL OF ANY STATE ELECTED OFFI-
CIAL SHALL BE FILED IF A RECALL ELECTION SHALL HAVE BEEN  HELD  RELATING
TO SUCH OFFICIAL DURING HIS OR HER CURRENT TERM OF OFFICE.
  3.  EVERY  APPLICATION  FOR  RECALL  PURSUANT  TO  THIS  SECTION SHALL
INCLUDE:
  (A) THE NAME AND OFFICE OF THE STATE ELECTED  OFFICIAL  SOUGHT  TO  BE
RECALLED;
  (B)  THE  GROUNDS FOR RECALL DESCRIBED IN DETAIL IN A STATEMENT OF NOT
MORE THAN TWO HUNDRED WORDS;
  (C) A STATEMENT THAT THE SPONSORS WHO SIGNED THE STATEMENT OF  GROUNDS
FOR  RECALL  ARE REGISTERED VOTERS IN THIS STATE, EXCEPT, IN THE CASE OF
THE RECALL OF A MEMBER OF THE STATE LEGISLATURE, ARE  REGISTERED  VOTERS
IN THE ASSEMBLY OR SENATE DISTRICT FROM WHICH SUCH MEMBER WAS ELECTED;
  (D)  THE DESIGNATION OF A RECALL COMMITTEE OF THREE SPONSORS WHO AGREE
IN WRITING TO REPRESENT ALL SPONSORS AND  SUBSCRIBERS  RELATING  TO  THE
RECALL;

S. 5516                             3

  (E)  THE DESIGNATION OF NOT LESS THAN ONE HUNDRED REGISTERED VOTERS IN
THE STATE, EXCEPT, THAT IN THE CASE OF THE RECALL OF  A  MEMBER  OF  THE
STATE  LEGISLATURE,  NOT  LESS THAN ONE HUNDRED REGISTERED VOTERS IN THE
ASSEMBLY OR SENATE DISTRICT FROM WHICH  SUCH  MEMBER  WAS  ELECTED,  WHO
SUBSCRIBE  TO THE APPLICATION AS SPONSORS THEREOF AND AGREE TO CIRCULATE
THE PETITION FOR THE RECALL IN SUCH APPLICATION; AND
  (F) THE SIGNATURES AND ADDRESSES OF REGISTERED VOTERS  IN  THE  STATE,
EXCEPT,  IN THE CASE OF THE RECALL OF A MEMBER OF THE STATE LEGISLATURE,
OF REGISTERED VOTERS IN THE ASSEMBLY OR SENATE DISTRICT FROM WHICH  SUCH
MEMBER  WAS ELECTED, EQUAL IN NUMBER TO NOT LESS THAN TEN PERCENT OF THE
VOTES CAST IN THE LAST ELECTION OF THE STATE ELECTED OFFICIAL SOUGHT  TO
BE RECALLED.
  4. UPON FINAL SUBMISSION OF AN APPLICATION FOR RECALL PURSUANT TO THIS
SECTION, THE STATE BOARD OF ELECTIONS SHALL REVIEW SUCH APPLICATION, AND
THEREAFTER  PROVIDE  NOTICE  BY  FIRST  CLASS  MAIL TO ANY MEMBER OF THE
RECALL COMMITTEE OF SUCH BOARD'S ACCEPTANCE OR REJECTION OF SUCH  APPLI-
CATION.  THE  STATE  BOARD OF ELECTIONS SHALL REJECT ANY APPLICATION FOR
RECALL THAT IT DETERMINES:
  (A) IS NOT SUBSTANTIALLY IN THE REQUIRED FORM;
  (B) WAS FILED IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION;
  (C) THE PERSON NAMED IN THE APPLICATION IS NOT A STATE  ELECTED  OFFI-
CIAL;
  (D) THERE IS AN INSUFFICIENT NUMBER OF SIGNATURES OF ANY TYPE; OR
  (E)  THE  STATE  ELECTED  OFFICIAL  SOUGHT  TO  BE  RECALLED  HAS BEEN
SUBJECTED OR IS SUBJECT TO A  SEPARATE  RECALL  PROCEEDING  DURING  SUCH
OFFICIAL'S CURRENT TERM OF OFFICE.
  5.  THE LOCAL BOARDS OF ELECTIONS SHALL PROVIDE SUCH ASSISTANCE TO THE
STATE BOARD OF ELECTIONS AS SHALL BE NECESSARY TO DETERMINE  THE  NUMBER
OF VOTES CAST DURING THE ELECTION OF ANY STATE ELECTED OFFICIAL.
  S  47. PETITION FOR RECALL. 1. (A) UPON APPROVAL OF AN APPLICATION FOR
RECALL SUBMITTED PURSUANT TO SECTION  FORTY-SIX  OF  THIS  ARTICLE,  THE
STATE BOARD OF ELECTIONS SHALL PRESCRIBE THE FORM OF AND PREPARE A PETI-
TION CONTAINING:
  (I) THE NAME AND OFFICE OF THE STATE ELECTED OFFICIAL TO BE RECALLED;
  (II)  THE STATEMENT OF THE GROUNDS FOR RECALL INCLUDED IN THE APPLICA-
TION;
  (III) THE STATEMENT OF WARNING  REQUIRED  IN  PARAGRAPH  (B)  OF  THIS
SUBDIVISION;
  (IV) SUFFICIENT SPACE FOR SIGNATURES AND ADDRESSES OF SIGNATORIES; AND
  (V)  SUCH OTHER PROVISIONS REQUIRED BY THE STATE BOARD OF ELECTIONS TO
ASSURE PROPER HANDLING AND CONTROL.
  PETITIONS, FOR PURPOSES OF CIRCULATION, SHALL BE PREPARED BY THE STATE
BOARD OF ELECTIONS IN A NUMBER REASONABLY CALCULATED TO ALLOW  FOR  FULL
CIRCULATION THROUGHOUT THE STATE, EXCEPT, IN THE CASE OF A MEMBER OF THE
STATE   LEGISLATURE,  THROUGHOUT  THE  APPROPRIATE  ASSEMBLY  OR  SENATE
DISTRICT. THE STATE BOARD OF ELECTIONS SHALL  NUMBER  EACH  PETITION  IT
ISSUES  AND  SHALL  MAINTAIN A RECORD OF THE PETITIONS DELIVERED TO EACH
SPONSOR.
  (B) ANY PERSON WHO SIGNS A NAME OTHER THAN THAT PERSON'S OWN NAME TO A
PETITION FOR RECALL OR WHO KNOWINGLY  SIGNS  A  PETITION  FOR  THE  SAME
RECALL OF A STATE ELECTED OFFICIAL OR WHO KNOWINGLY SIGNS A PETITION FOR
THE RECALL OF A STATE ELECTED OFFICIAL WHEN HE OR SHE IS NOT ELIGIBLE TO
VOTE FOR THE OFFICE HELD BY SUCH OFFICIAL SHALL BE GUILTY OF THE CLASS A
MISDEMEANOR  OF PERJURY IN THE THIRD DEGREE AS DEFINED IN SECTION 210.05
OF THE PENAL LAW. EACH PAGE OF A PETITION SHALL INCLUDE A  STATEMENT  OF
WARNING RELATING TO SUCH OFFENSE.

S. 5516                             4

  2.  PETITIONS  MAY  BE  CIRCULATED ONLY BY SPONSORS AND ONLY IN PERSON
THROUGHOUT THE STATE OR, IN THE CASE OF THE RECALL OF A  MEMBER  OF  THE
STATE LEGISLATURE, THROUGHOUT THE ASSEMBLY OR SENATE DISTRICT FROM WHICH
SUCH  MEMBER  WAS  ELECTED. NO SINGLE PAGE OF A PETITION SHALL BE CIRCU-
LATED  IN  MORE  THAN ONE COUNTY. THE BOARD OF ELECTIONS FOR SUCH COUNTY
SHALL CERTIFY TO THE STATE BOARD OF ELECTIONS  THE  SUFFICIENCY  OF  THE
SIGNATURES  ON  THE PETITION PAGES FOR THAT COUNTY. ANY REGISTERED VOTER
ENTITLED TO VOTE FOR THE STATE ELECTED OFFICIAL SOUGHT TO BE RECALLED IN
THE PETITION, SHALL BE AUTHORIZED TO SUBSCRIBE TO SUCH PETITION BY SIGN-
ING HIS OR HER NAME AND ADDRESS, AS IT  APPEARS  ON  HIS  OR  HER  VOTER
REGISTRATION.  A PERSON WHO HAS SIGNED HIS OR HER NAME TO A PETITION MAY
WITHDRAW HIS OR HER NAME AND SUPPORT BY PROVIDING WRITTEN NOTICE THEREOF
TO THE STATE BOARD OF ELECTIONS PRIOR TO THE DATE SUCH PETITION IS FILED
WITH SUCH BOARD. ALL NECESSARY SIGNATURES FOR THE FILING OF  A  PETITION
SHALL  BE  SECURED WITHIN NINETY DAYS OF THE DELIVERY OF THE PETITION BY
THE STATE BOARD OF ELECTIONS TO THE RECALL COMMITTEE. ALL SIGNATURES  ON
A PETITION SHALL BE IN INK.  ILLEGIBLE SIGNATURES, UNLESS ACCOMPANIED BY
A LEGIBLE PRINTED NAME, MAY BE REJECTED BY THE STATE BOARD OF ELECTIONS.
  3.  PRIOR  TO  FILING WITH THE STATE BOARD OF ELECTIONS, EACH PETITION
PAGE SHALL BE CERTIFIED BY AN AFFIDAVIT OF THE  SPONSOR  WHO  PERSONALLY
CIRCULATED  SUCH  PAGE.  THE AFFIDAVIT SHALL STATE IN SUBSTANCE THAT (A)
THE PERSON SIGNING SUCH AFFIDAVIT IS A SPONSOR, (B) SUCH SPONSOR IS  THE
ONLY  PERSON  WHO CIRCULATED SUCH PETITION PAGE, (C) THE SIGNATURES WERE
MADE IN THE SPONSOR'S ACTUAL PRESENCE, (D) TO THE BEST OF THE  SPONSOR'S
KNOWLEDGE,  THE  SIGNATURES  ARE  THOSE  OF THE PERSONS WHOSE NAMES THEY
PURPORT TO BE, AND (E) THE SPONSOR CIRCULATED THE PETITION IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION.
  4. NO PETITION FOR RECALL SHALL BE FILED  WITHIN  ONE  HUNDRED  EIGHTY
DAYS  OF  THE  END  OF  THE TERM OF OFFICE OF THE STATE ELECTED OFFICIAL
SOUGHT TO BE RECALLED.
  5. EVERY PETITION FOR RECALL OF A  STATE  ELECTED  OFFICIAL  SHALL  BE
SIGNED  BY A NUMBER OF REGISTERED VOTERS ELIGIBLE TO VOTE FOR THE OFFICE
HELD BY THE STATE ELECTED OFFICIAL SOUGHT TO BE RECALLED, IN  AN  AMOUNT
EQUAL  TO  OR  MORE  THAN  TWENTY-FIVE  PERCENT OF THE VOTES CAST IN THE
ELECTION FOR SUCH OFFICE DURING THE PREVIOUS ELECTION.
  S 48. FILING OF PETITION. 1. THE STATE BOARD OF  ELECTIONS,  WITH  THE
ASSISTANCE  OF THE LOCAL BOARDS OF ELECTIONS, SHALL DETERMINE THE SUFFI-
CIENCY OF EACH PETITION FOR RECALL FILED WITH IT WITHIN THIRTY  DAYS  OF
THE  RECEIPT THEREOF. AFTER THE REVIEW OF A PETITION, THE STATE BOARD OF
ELECTIONS SHALL IMMEDIATELY PROVIDE NOTICE OF  THE  SUFFICIENCY  OF  THE
PETITION TO THE RECALL COMMITTEE AND THE STATE ELECTED OFFICIAL NAMED IN
THE  PETITION.  A PETITION SHALL BE DEEMED TO HAVE BEEN IMPROPERLY FILED
WHEN THE STATE BOARD OF ELECTIONS FINDS THAT (A) THERE  IS  AN  INSUFFI-
CIENT  NUMBER  OF  SIGNATURES OF QUALIFIED REGISTERED VOTERS, OR (B) THE
PETITION WAS FILED WITHIN LESS THAN ONE HUNDRED EIGHTY DAYS OF  THE  END
OF  THE  TERM  OF  OFFICE  OF  THE  STATE  ELECTED OFFICIAL SOUGHT TO BE
RECALLED.
  2. UPON RECEIPT OF NOTICE THAT THE FILING OF A PETITION IS IMPROPER OR
INSUFFICIENT, A RECALL COMMITTEE MAY AMEND AND CORRECT SUCH PETITION  BY
CIRCULATING  A  SUPPLEMENTARY PETITION WITHIN TWENTY DAYS OF NOTICE FROM
THE STATE BOARD OF ELECTIONS, IF SUCH SUPPLEMENTARY  PETITION  IS  FILED
WITH THE STATE BOARD OF ELECTIONS PRIOR TO THE ONE HUNDRED EIGHTIETH DAY
BEFORE  THE  EXPIRATION OF THE TERM OF OFFICE OF THE STATE ELECTED OFFI-
CIAL SOUGHT TO BE RECALLED.
  3. IF THE STATE BOARD OF ELECTIONS SHALL DETERMINE THAT A RECALL PETI-
TION IS PROPERLY FILED, IT SHALL ESTABLISH THE  BALLOT  FORM  AND  SHALL

S. 5516                             5

CALL A SPECIAL ELECTION TO BE HELD PURSUANT TO THE ELECTION LAW NOT LESS
THAN  SIXTY DAYS, NOR MORE THAN NINETY DAYS AFTER THE DETERMINATION THAT
THE PETITION WAS PROPERLY FILED. PROVIDED, THAT IF A PRIMARY OR  GENERAL
ELECTION  IS  TO  BE HELD DURING SUCH PERIOD OF TIME, THE RECALL SPECIAL
ELECTION SHALL BE HELD ON THE SAME DATE AND BALLOT AS  SUCH  PRIMARY  OR
GENERAL  ELECTION.  THE  BALLOT  FOR  A RECALL SPECIAL ELECTION SHALL BE
DESIGNED WITH THE QUESTION OF WHETHER THE STATE ELECTED  OFFICIAL  SHALL
BE RECALLED, PLACED ON THE BALLOT IN THE FOLLOWING TEXT: "SHALL (NAME OF
STATE  ELECTED  OFFICIAL)  BE  RECALLED FROM THE OFFICE OF (STATE OFFICE
HELD)?", WITH PROVISION MADE FOR MARKING SUCH QUESTION "YES" OR "NO".
  S 49. RECALL ELECTION.  1. THE STATE BOARD OF ELECTIONS SHALL  PROVIDE
EACH  BOARD OF ELECTIONS, EXCEPT, IN THE CASE OF A RECALL ELECTION FOR A
MEMBER OF THE STATE LEGISLATURE, PROVIDE TO EACH BOARD OF  ELECTIONS  IN
SUCH  MEMBER'S  ASSEMBLY  OR  SENATE  DISTRICT,  WITH FOUR COPIES OF THE
STATEMENT OF THE GROUNDS FOR RECALL OF THE STATE ELECTED OFFICIAL  WHICH
WAS INCLUDED IN THE APPLICATION AND A REBUTTAL THEREOF, OF NOT MORE THAN
TWO  HUNDRED WORDS, SUBMITTED BY THE STATE ELECTED OFFICIAL SOUGHT TO BE
RECALLED. THE STATE ELECTED OFFICIAL SOUGHT TO BE RECALLED  MAY  PROVIDE
THE  STATE  BOARD OF ELECTIONS WITH HIS OR HER REBUTTAL STATEMENT WITHIN
TEN DAYS OF THE NOTIFICATION THAT A PETITION HAS  BEEN  PROPERLY  FILED.
EVERY  BOARD  OF  ELECTIONS  SHALL POST COPIES OF THE STATEMENTS FOR AND
AGAINST RECALL AT EACH POLLING PLACE.
  2. IF A MAJORITY OF THE VOTES CAST ON THE QUESTION OF  RECALL  ARE  IN
FAVOR OF RECALL, THE STATE ELECTED OFFICIAL SHALL BE REMOVED FROM HIS OR
HER OFFICE.
  S  49-A. JUDICIAL REVIEW. ANY PERSON AGGRIEVED BY A DETERMINATION MADE
PURSUANT TO THIS ARTICLE MAY SEEK JUDICIAL REVIEW THEREOF IN A  PROCEED-
ING  PURSUANT  TO  ARTICLE  SEVENTY-EIGHT  OF THE CIVIL PRACTICE LAW AND
RULES COMMENCED IN SUPREME COURT FOR THE COUNTY OF  ALBANY  OR  FOR  THE
COUNTY  IN  WHICH  THE  STATE  ELECTED  OFFICIAL  SOUGHT  TO BE RECALLED
RESIDES.
  S 49-B. GROUNDS FOR RECALL. THE GROUNDS FOR RECALL  PURSUANT  TO  THIS
ARTICLE  SHALL  BE  MISCONDUCT  IN OFFICE, OR INCOMPETENCE OR FAILURE TO
PERFORM THE DUTIES OF THE OFFICE  OF  THE  STATE  ELECTED  OFFICIAL.  NO
RECALL SUBMITTED TO VOTERS SHALL BE DEEMED VOID ON THE BASIS OF INSUFFI-
CIENCY OF THE GROUNDS, APPLICATION OR PETITION THEREFOR.
  S 49-C. RULES AND REGULATIONS. THE STATE BOARD OF ELECTIONS IS AUTHOR-
IZED  TO  PROMULGATE SUCH RULES AND REGULATIONS AS SHALL BE NECESSARY TO
IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
                               ARTICLE 3-B
                         RECALL OF LOCAL ELECTED
                                OFFICIALS
SECTION 50. DEFINITIONS.
        51. APPLICATION FOR RECALL.
        52. PETITION FOR RECALL.
        53. FILING OF PETITION.
        54. RECALL ELECTION.
        55. JUDICIAL REVIEW.
        56. GROUNDS FOR RECALL.
        57. RULES AND REGULATIONS.
  S 50. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "LOCAL ELECTED OFFICIAL" MEANS ANY OFFICER ELECTED  TO  A  POSITION
WITH  A  COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR DISTRICT CORPO-
RATION, OR ANY AGENCY, DEPARTMENT, DIVISION, BOARD, COMMISSION OR BUREAU
THEREOF; PROVIDED, THAT, SUCH  TERM  SHALL  NOT  INCLUDE  ANY  JUDGE  OR
JUSTICE OF A COURT.

S. 5516                             6

  2. "RECALL COMMITTEE" MEANS A COMMITTEE OF THREE SPONSORS OF AN APPLI-
CATION  FOR  RECALL WHO AGREE, IN WRITING ON SUCH APPLICATION, TO REPRE-
SENT ALL SPONSORS AND SUBSCRIBERS OF A RECALL CONDUCTED PURSUANT TO THIS
ARTICLE.
  3.  "SPONSOR" MEANS ANY PERSON WHO SIGNS AN APPLICATION FOR RECALL AND
WHO ALSO AGREES, IN WRITING ON SUCH APPLICATION, TO CIRCULATE A PETITION
FOR RECALL.
  S 51. APPLICATION FOR RECALL. 1. THE RECALL OF A LOCAL  ELECTED  OFFI-
CIAL SHALL BE PROPOSED BY THE FILING OF AN APPLICATION THEREFOR WITH THE
BOARD  OF ELECTIONS FOR THE COUNTY IN WHICH THE OFFICE HELD BY THE LOCAL
ELECTED OFFICIAL SOUGHT TO BE RECALLED IS LOCATED.    A  FILING  FEE  OF
FIFTY  DOLLARS  SHALL  BE  INCLUDED WITH EACH SUCH APPLICATION. SUCH FEE
SHALL BE REFUNDED TO THE APPLICANT IF THE APPLICATION IS PROPERLY  FILED
PURSUANT  TO  THIS SECTION.  IN THE EVENT AN APPLICATION IS NOT PROPERLY
FILED, SUCH FEE SHALL BE TRANSFERRED TO THE COUNTY TREASURER FOR DEPOSIT
INTO THE COUNTY GENERAL FUND.
  2. SUBJECT TO  THE  RULES  AND  REGULATIONS  OF  THE  STATE  BOARD  OF
ELECTIONS,  THE RECALL OF A LOCAL ELECTED OFFICIAL SHALL BE CONDUCTED BY
THE BOARD OF ELECTIONS IN WHICH THE PETITION IS REQUIRED TO BE FILED.
  3. NO APPLICATION FOR THE RECALL OF A LOCAL ELECTED OFFICIAL (A) SERV-
ING A TERM OF FOUR YEARS SHALL BE FILED WITHIN  THE  FIRST  TWO  HUNDRED
FORTY  DAYS  OF  HIS  OR HER TERM OF OFFICE OR (B) SERVING A TERM OF TWO
YEARS SHALL BE FILED DURING THE FIRST ONE HUNDRED TWENTY DAYS OF HIS  OR
HER  TERM  OF OFFICE.  FURTHERMORE, NO APPLICATION FOR THE RECALL OF ANY
LOCAL ELECTED OFFICIAL SHALL BE FILED DURING THE FINAL TWO HUNDRED  DAYS
OF HIS OR HER TERM OF OFFICE.
  IN  ADDITION, NO APPLICATION FOR THE RECALL OF ANY LOCAL ELECTED OFFI-
CIAL SHALL BE FILED IF A RECALL ELECTION SHALL HAVE BEEN  HELD  RELATING
TO SUCH OFFICIAL DURING HIS OR HER CURRENT TERM OF OFFICE.
  4.  EVERY  APPLICATION  FOR  RECALL  PURSUANT  TO  THIS  SECTION SHALL
INCLUDE:
  (A) THE NAME AND OFFICE OF THE LOCAL ELECTED  OFFICIAL  SOUGHT  TO  BE
RECALLED;
  (B)  THE  GROUNDS FOR RECALL DESCRIBED IN DETAIL IN A STATEMENT OF NOT
MORE THAN TWO HUNDRED WORDS;
  (C) A STATEMENT THAT THE SPONSORS WHO SIGNED THE STATEMENT OF  GROUNDS
FOR  RECALL  ARE REGISTERED VOTERS OF THE ELECTORATE FOR THE OFFICE HELD
BY THE LOCAL ELECTED OFFICIAL SOUGHT TO BE RECALLED;
  (D) THE DESIGNATION OF A RECALL COMMITTEE OF THREE SPONSORS WHO  AGREE
IN  WRITING  TO  REPRESENT  ALL SPONSORS AND SUBSCRIBERS RELATING TO THE
RECALL;
  (E) THE DESIGNATION OF NOT LESS  THAN  FORTY  REGISTERED  VOTERS,  WHO
SUBSCRIBE  TO THE APPLICATION AS SPONSORS THEREOF AND AGREE TO CIRCULATE
THE PETITION FOR THE RECALL IN SUCH APPLICATION; AND
  (F) THE SIGNATURES AND ADDRESSES OF REGISTERED VOTERS OF THE  ELECTOR-
ATE  FOR  THE  OFFICE  HELD  BY  THE LOCAL ELECTED OFFICIAL SOUGHT TO BE
RECALLED, EQUAL IN NUMBER TO NOT LESS THAN TEN PERCENT OF THE VOTES CAST
IN THE LAST  ELECTION  OF  THE  LOCAL  ELECTED  OFFICIAL  SOUGHT  TO  BE
RECALLED.
  5. UPON FINAL SUBMISSION OF AN APPLICATION FOR RECALL PURSUANT TO THIS
SECTION, THE BOARD OF ELECTIONS SHALL REVIEW SUCH APPLICATION, AND THER-
EAFTER  PROVIDE  NOTICE  BY FIRST CLASS MAIL TO ANY MEMBER OF THE RECALL
COMMITTEE OF SUCH BOARD'S ACCEPTANCE OR REJECTION OF  SUCH  APPLICATION.
THE  BOARD  OF ELECTIONS SHALL REJECT ANY APPLICATION FOR RECALL THAT IT
DETERMINES:
  (A) IS NOT SUBSTANTIALLY IN THE REQUIRED FORM;

S. 5516                             7

  (B) WAS FILED IN VIOLATION OF SUBDIVISION THREE OF THIS SECTION;
  (C)  THE  PERSON NAMED IN THE APPLICATION IS NOT A LOCAL ELECTED OFFI-
CIAL;
  (D) THERE IS AN INSUFFICIENT NUMBER OF SIGNATURES OF ANY TYPE; OR
  (E) THE  LOCAL  ELECTED  OFFICIAL  SOUGHT  TO  BE  RECALLED  HAS  BEEN
SUBJECTED  OR  IS  SUBJECT  TO  A SEPARATE RECALL PROCEEDING DURING SUCH
OFFICIAL'S CURRENT TERM OF OFFICE.
  S 52. PETITION FOR RECALL. 1. (A) UPON APPROVAL OF AN APPLICATION  FOR
RECALL  SUBMITTED  PURSUANT  TO  SECTION  FIFTY-ONE OF THIS ARTICLE, THE
BOARD OF ELECTIONS SHALL PRESCRIBE THE FORM OF AND  PREPARE  A  PETITION
CONTAINING:
  (I) THE NAME AND OFFICE OF THE LOCAL ELECTED OFFICIAL TO BE RECALLED;
  (II)  THE STATEMENT OF THE GROUNDS FOR RECALL INCLUDED IN THE APPLICA-
TION;
  (III) THE STATEMENT OF WARNING  REQUIRED  IN  PARAGRAPH  (B)  OF  THIS
SUBDIVISION;
  (IV) SUFFICIENT SPACE FOR SIGNATURES AND ADDRESSES OF SIGNATORIES; AND
  (V) SUCH OTHER PROVISIONS REQUIRED BY THE BOARD OF ELECTIONS TO ASSURE
PROPER HANDLING AND CONTROL.
  PETITIONS, FOR PURPOSES OF CIRCULATION, SHALL BE PREPARED BY THE BOARD
OF  ELECTIONS IN A NUMBER REASONABLY CALCULATED TO ALLOW FOR FULL CIRCU-
LATION THROUGHOUT THE ELECTORATE  FOR  THE  OFFICE  HELD  BY  THE  LOCAL
ELECTED  OFFICIAL  SOUGHT  TO BE RECALLED.  THE BOARD OF ELECTIONS SHALL
NUMBER EACH PETITION IT ISSUES  AND  SHALL  MAINTAIN  A  RECORD  OF  THE
PETITIONS DELIVERED TO EACH SPONSOR.
  (B) ANY PERSON WHO SIGNS A NAME OTHER THAN THAT PERSON'S OWN NAME TO A
PETITION  FOR  RECALL  OR  WHO  KNOWINGLY  SIGNS A PETITION FOR THE SAME
RECALL OF A LOCAL ELECTED OFFICIAL OR WHO KNOWINGLY SIGNS A PETITION FOR
THE RECALL OF A LOCAL ELECTED OFFICIAL WHEN HE OR SHE IS NOT ELIGIBLE TO
VOTE FOR THE OFFICE HELD BY SUCH OFFICIAL SHALL BE GUILTY OF THE CLASS A
MISDEMEANOR OF PERJURY IN THE THIRD DEGREE AS DEFINED IN SECTION  210.05
OF  THE  PENAL LAW. EACH PAGE OF A PETITION SHALL INCLUDE A STATEMENT OF
WARNING RELATING TO SUCH OFFENSE.
  2. PETITIONS MAY BE CIRCULATED ONLY BY SPONSORS  AND  ONLY  IN  PERSON
THROUGHOUT THE ELECTORATE FOR THE OFFICE HELD BY THE LOCAL ELECTED OFFI-
CIAL  SOUGHT  TO BE RECALLED.   THE BOARD OF ELECTIONS SHALL CERTIFY THE
SUFFICIENCY OF THE SIGNATURES ON THE PETITION  PAGES.    ANY  REGISTERED
VOTER  ENTITLED  TO  VOTE  FOR  THE  LOCAL ELECTED OFFICIAL SOUGHT TO BE
RECALLED IN THE PETITION, SHALL BE AUTHORIZED TO SUBSCRIBE TO SUCH PETI-
TION BY SIGNING HIS OR HER NAME AND ADDRESS, AS IT APPEARS ON HIS OR HER
VOTER REGISTRATION. A PERSON WHO HAS SIGNED HIS OR HER NAME TO  A  PETI-
TION  MAY  WITHDRAW  HIS  OR  HER  NAME AND SUPPORT BY PROVIDING WRITTEN
NOTICE THEREOF TO THE BOARD OF ELECTIONS PRIOR TO THE DATE SUCH PETITION
IS FILED WITH SUCH BOARD. ALL NECESSARY SIGNATURES FOR THE FILING  OF  A
PETITION  SHALL  BE  SECURED  WITHIN  NINETY DAYS OF THE DELIVERY OF THE
PETITION BY THE BOARD OF ELECTIONS TO THE RECALL COMMITTEE.  ALL  SIGNA-
TURES  ON  A  PETITION  SHALL  BE IN INK.   ILLEGIBLE SIGNATURES, UNLESS
ACCOMPANIED BY A LEGIBLE PRINTED NAME, MAY BE REJECTED BY THE  BOARD  OF
ELECTIONS.
  3.  PRIOR  TO  FILING  WITH THE BOARD OF ELECTIONS, EACH PETITION PAGE
SHALL BE CERTIFIED BY AN AFFIDAVIT OF THE SPONSOR WHO PERSONALLY  CIRCU-
LATED  SUCH  PAGE.  THE  AFFIDAVIT SHALL STATE IN SUBSTANCE THAT (A) THE
PERSON SIGNING SUCH AFFIDAVIT IS A SPONSOR, (B) SUCH SPONSOR IS THE ONLY
PERSON WHO CIRCULATED SUCH PETITION PAGE, (C) THE SIGNATURES  WERE  MADE
IN THE SPONSOR'S ACTUAL PRESENCE, (D) TO THE BEST OF THE SPONSOR'S KNOW-
LEDGE,  THE SIGNATURES ARE THOSE OF THE PERSONS WHOSE NAMES THEY PURPORT

S. 5516                             8

TO BE, AND (E) THE SPONSOR CIRCULATED THE PETITION  IN  ACCORDANCE  WITH
THE PROVISIONS OF THIS SECTION.
  4.  NO  PETITION  FOR  RECALL SHALL BE FILED WITHIN ONE HUNDRED EIGHTY
DAYS OF THE END OF THE TERM OF OFFICE  OF  THE  LOCAL  ELECTED  OFFICIAL
SOUGHT TO BE RECALLED.
  5.  EVERY  PETITION  FOR  RECALL  OF A LOCAL ELECTED OFFICIAL SHALL BE
SIGNED BY A NUMBER OF REGISTERED VOTERS ELIGIBLE TO VOTE FOR THE  OFFICE
HELD  BY  THE LOCAL ELECTED OFFICIAL SOUGHT TO BE RECALLED, IN AN AMOUNT
EQUAL TO OR MORE THAN TWENTY-FIVE PERCENT  OF  THE  VOTES  CAST  IN  THE
ELECTION FOR SUCH OFFICE DURING THE PREVIOUS ELECTION.
  S  53.  FILING  OF PETITION. 1. THE BOARD OF ELECTIONS SHALL DETERMINE
THE SUFFICIENCY OF EACH PETITION FOR RECALL FILED WITH IT WITHIN  THIRTY
DAYS  OF  THE RECEIPT THEREOF. AFTER THE REVIEW OF A PETITION, THE BOARD
OF ELECTIONS SHALL IMMEDIATELY PROVIDE NOTICE OF THE SUFFICIENCY OF  THE
PETITION TO THE RECALL COMMITTEE AND THE LOCAL ELECTED OFFICIAL NAMED IN
THE  PETITION.  A PETITION SHALL BE DEEMED TO HAVE BEEN IMPROPERLY FILED
WHEN THE BOARD OF ELECTIONS FINDS THAT  (A)  THERE  IS  AN  INSUFFICIENT
NUMBER OF SIGNATURES OF QUALIFIED REGISTERED VOTERS, OR (B) THE PETITION
WAS  FILED  WITHIN  LESS  THAN ONE HUNDRED EIGHTY DAYS OF THE END OF THE
TERM OF OFFICE OF THE LOCAL ELECTED OFFICIAL SOUGHT TO BE RECALLED.
  2. UPON RECEIPT OF NOTICE THAT THE FILING OF A PETITION IS IMPROPER OR
INSUFFICIENT, A RECALL COMMITTEE MAY AMEND OR CORRECT SUCH  PETITION  BY
CIRCULATING  A  SUPPLEMENTARY PETITION WITHIN TWENTY DAYS OF NOTICE FROM
THE BOARD OF ELECTIONS, IF SUCH SUPPLEMENTARY PETITION IS FILED WITH THE
BOARD OF ELECTIONS PRIOR TO THE ONE HUNDRED  EIGHTIETH  DAY  BEFORE  THE
EXPIRATION OF THE TERM OF OFFICE OF THE LOCAL ELECTED OFFICIAL SOUGHT TO
BE RECALLED.
  3. IF THE BOARD OF ELECTIONS SHALL DETERMINE THAT A RECALL PETITION IS
PROPERLY  FILED,  THE  COMMISSIONERS  OF SUCH BOARD SHALL JOINTLY CALL A
SPECIAL ELECTION TO BE HELD PURSUANT TO THE ELECTION LAW NOT  LESS  THAN
SIXTY  DAYS,  NOR MORE THAN NINETY DAYS AFTER THE DETERMINATION THAT THE
PETITION WAS PROPERLY FILED. PROVIDED, THAT  IF  A  PRIMARY  OR  GENERAL
ELECTION  IS  TO  BE HELD DURING SUCH PERIOD OF TIME, THE RECALL SPECIAL
ELECTION SHALL BE HELD ON THE SAME DATE AND BALLOT AS  SUCH  PRIMARY  OR
GENERAL  ELECTION.  THE  BALLOT  FOR  A RECALL SPECIAL ELECTION SHALL BE
DESIGNED WITH THE QUESTION OF WHETHER THE LOCAL ELECTED  OFFICIAL  SHALL
BE RECALLED, PLACED ON THE BALLOT IN THE FOLLOWING TEXT: "SHALL (NAME OF
LOCAL  ELECTED  OFFICIAL)  BE  RECALLED FROM THE OFFICE OF (LOCAL OFFICE
HELD)?", WITH PROVISION MADE FOR MARKING SUCH QUESTION "YES" OR "NO".
  S 54. RECALL ELECTION. 1. THE BOARD OF ELECTIONS  SHALL  PROVIDE  EACH
POLLING  PLACE  WITH  FOUR  COPIES  OF  THE STATEMENT OF THE GROUNDS FOR
RECALL OF THE LOCAL ELECTED OFFICIAL WHICH WAS INCLUDED IN THE  PETITION
AND A REBUTTAL THEREOF, OF NOT MORE THAN TWO HUNDRED WORDS, SUBMITTED BY
THE  LOCAL  ELECTED  OFFICIAL  SOUGHT  TO BE RECALLED. THE LOCAL ELECTED
OFFICIAL SOUGHT TO BE RECALLED MAY PROVIDE THE BOARD OF  ELECTIONS  WITH
HIS OR HER REBUTTAL STATEMENT WITHIN TEN DAYS OF THE NOTIFICATION THAT A
PETITION  HAS  BEEN  PROPERLY FILED. EVERY BOARD OF ELECTIONS SHALL POST
COPIES OF THE STATEMENTS FOR AND AGAINST RECALL AT EACH POLLING PLACE.
  2. IF A MAJORITY OF THE VOTES CAST ON THE QUESTION OF  RECALL  ARE  IN
FAVOR OF RECALL, THE LOCAL ELECTED OFFICIAL SHALL BE REMOVED FROM HIS OR
HER OFFICE.
  S  55.  JUDICIAL  REVIEW. ANY PERSON AGGRIEVED BY A DETERMINATION MADE
PURSUANT TO THIS ARTICLE MAY SEEK JUDICIAL REVIEW THEREOF IN A  PROCEED-
ING  PURSUANT  TO  ARTICLE  SEVENTY-EIGHT  OF THE CIVIL PRACTICE LAW AND
RULES COMMENCED IN THE SUPREME COURT FOR THE COUNTY IN WHICH THE  RECALL
PETITION IS REQUIRED TO BE FILED.

S. 5516                             9

  S  56.  GROUNDS  FOR  RECALL.  THE GROUNDS FOR RECALL PURSUANT TO THIS
ARTICLE SHALL BE MISCONDUCT IN OFFICE, OR  INCOMPETENCE  OR  FAILURE  TO
PERFORM  THE  DUTIES  OF  THE  OFFICE  OF THE LOCAL ELECTED OFFICIAL. NO
RECALL SUBMITTED TO VOTERS SHALL BE DEEMED VOID ON THE BASIS OF INSUFFI-
CIENCY OF THE GROUNDS, APPLICATION OR PETITION THEREFOR.
  S  57.  RULES AND REGULATIONS. THE STATE BOARD OF ELECTIONS IS AUTHOR-
IZED TO PROMULGATE SUCH RULES AND REGULATIONS AS SHALL BE  NECESSARY  TO
IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
  S  3.  Section  3-102  of  the election law is amended by adding a new
subdivision 16-b to read as follows:
   16-B. ADMINISTER THE PROVISIONS OF  ARTICLE  THREE-A  OF  THE  PUBLIC
OFFICERS  LAW  AND  PROMULGATE  SUCH  RULES  AND REGULATIONS AS SHALL BE
NECESSARY TO IMPLEMENT THE PROVISIONS OF ARTICLE THREE-B OF  THE  PUBLIC
OFFICERS LAW.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, that, effec-
tive immediately, any rules and regulations necessary to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

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