|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 09, 2012||to attorney-general for opinion|
|Jan 04, 2012||referred to judiciary|
|Jun 22, 2011||opinion referred to judiciary|
|May 09, 2011||to attorney-general for opinion|
|May 03, 2011||referred to judiciary|
senate Bill S5190
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5190 (ACTIVE) - Details
S5190 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5190 TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing the addition of a new article 20 to the constitution, in relation to providing for recall PURPOSE OR GENERAL IDEA OF BILL: This constitutional amendment will give voters the ability to recall local and statewide elected officers, state senators, assembly members, supreme court judges and trial court judges. SUMMARY OF PROVISIONS: Section 1 of the bill adds a new article 20 to the constitution to provide for recall of statewide officers, senators, members of the assembly and judges of the supreme and trial courts. Section 2 is the "Resolved" clause referring the amendment to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election. JUSTIFICATION: Unlike 18 other states in the nation, there is no recall system for voters in New York State to remove an elected official. The power to
S5190 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5190 2011-2012 Regular Sessions I N S E N A T E May 3, 2011 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing the addition of a new article 20 to the constitution, in relation to providing for recall Section 1. Resolved (if the Assembly concur), That article 20 of the constitution be renumbered article 21 and a new article 20 be added to read as follows: ARTICLE XX SECTION 1. RECALL IS THE POWER OF THE ELECTORS TO REMOVE AN ELECTIVE OFFICER. S 2. 1. RECALL OF A STATE OFFICER IS INITIATED BY DELIVERING TO THE SECRETARY OF STATE A PETITION ALLEGING REASON FOR RECALL. SUFFICIENCY OF REASON IS NOT REVIEWABLE. PROPONENTS HAVE ONE HUNDRED SIXTY DAYS TO FILE SIGNED PETITIONS. 2. A PETITION TO RECALL A STATEWIDE OFFICER MUST BE SIGNED BY ELECTORS EQUAL IN NUMBER TO TWELVE PERCENT OF THE LAST VOTE FOR THE OFFICE, WITH SIGNATURES FROM EACH OF FIVE COUNTIES EQUAL IN NUMBER TO ONE PERCENT OF THE LAST VOTE FOR THE OFFICE IN THE COUNTY. SIGNATURES TO RECALL SENATORS, MEMBERS OF THE ASSEMBLY, AND JUDGES OF SUPREME COURTS AND TRIAL COURTS MUST EQUAL IN NUMBER TWENTY PERCENT OF THE LAST VOTE FOR THE OFFICE. 3. THE SECRETARY OF STATE SHALL MAINTAIN A CONTINUOUS COUNT OF THE SIGNATURES CERTIFIED TO THAT OFFICE. S 3. 1. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER AND, IF APPROPRIATE, TO ELECT A SUCCESSOR SHALL BE CALLED BY THE GOVERNOR AND HELD NOT LESS THAN SIXTY DAYS NOR MORE THAN EIGHTY DAYS FROM THE DATE OF CERTIFICATION OF SUFFICIENT SIGNATURES. 2. A RECALL ELECTION MAY BE CONDUCTED WITHIN ONE HUNDRED EIGHTY DAYS FROM THE DATE OF CERTIFICATION OF SUFFICIENT SIGNATURES IN ORDER THAT THE ELECTION MAY BE CONSOLIDATED WITH THE NEXT REGULARLY SCHEDULED ELECTION OCCURRING WHOLLY OR PARTIALLY WITHIN THE SAME JURISDICTION IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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