Assembly Bill A6161A

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

                                 6161--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2013
                               ___________

Introduced  by  M.  of  A.  TEDISCO, PALMESANO, BORELLI, CORWIN, TENNEY,
  MALLIOTAKIS, LALOR -- Multi-Sponsored by -- M. of A. McLAUGHLIN,  STEC
  --  read once and referred to the Committee on Governmental Operations
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing  the  addition  of  a  new  article 20 to the constitution, in
  relation to providing for recall of an elective officer

  Section 1. Resolved (if the Senate concur), That  article  20  of  the
constitution  be  renumbered article 21 and a new article 20 be added to
read as follows:
                               ARTICLE XX
                                 RECALL
  SECTION 1.  RECALL IS THE POWER OF  CITIZENS  TO  REMOVE  AN  ELECTIVE
OFFICER.
  S  2.  A. RECALL OF A STATE OFFICER IS INITIATED BY A REGISTERED VOTER
REGISTERING HIS OR HER INTENT TO INITIATE A RECALL OF A  STATE  OFFICIAL
WITH  THE  STATE  BOARD  OF ELECTIONS. INTENT TO INITIATE A RECALL SHALL
INCLUDE A REASON FOR RECALL. SUFFICIENCY OF REASON  IS  NOT  REVIEWABLE.
PROPONENTS  HAVE  NINETY  DAYS  FROM  THE  REGISTERING OF INTENT TO FILE
SUFFICIENT PETITIONS.
  B. A PETITION TO RECALL A STATEWIDE OFFICER SHALL BE  SUFFICIENT  WHEN
SIGNED  BY  REGISTERED VOTERS EQUAL IN NUMBER TO AT LEAST TWENTY PERCENT
OF THE TOTAL NUMBER OF VOTERS TO VOTE IN THE PREVIOUS ELECTION  FOR  THE
OFFICE, WITH SIGNATURES FROM EACH OF THE COUNTIES WITHIN THE STATE EQUAL
IN  NUMBER TO AT LEAST ONE PERCENT OF THE TOTAL NUMBER OF VOTERS TO VOTE
IN THE PREVIOUS ELECTION FOR THE OFFICE IN THE  COUNTY.  A  PETITION  TO
RECALL  SENATORS  AND  MEMBERS  OF THE ASSEMBLY SHALL BE SUFFICIENT WHEN
SIGNED BY REGISTERED VOTERS EQUAL IN NUMBER TO AT LEAST  TWENTY  PERCENT
OF  THE  TOTAL NUMBER OF VOTERS TO VOTE IN THE PREVIOUS ELECTION FOR THE
OFFICE IN THE SENATE OR ASSEMBLY DISTRICT. THERE SHALL BE NO ABILITY  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89069-02-3
              

A. 6161--A                          2

RECALL  OFFICERS  SERVING  IN  THE OFFICE OF JUDGE. SUFFICIENT PETITIONS
SHALL BE CERTIFIED BY THE STATE BOARD OF ELECTIONS.
  C.  THE  STATE BOARD OF ELECTIONS SHALL MAINTAIN A CONTINUOUS COUNT OF
THE SIGNATURES CERTIFIED TO THAT OFFICE.
  S 3. A. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER SHALL BE
HELD NO LESS THAN SEVENTY DAYS NOR MORE THAN NINETY DAYS FROM  THE  DATE
OF CERTIFICATION OF SUFFICIENT SIGNATURES.
  B.  IF  THE MAJORITY OF VOTERS VOTE IN FAVOR OF RECALL, THE OFFICER IS
REMOVED. IN THE FOLLOWING SPECIAL ELECTION TO FILL THE  VACANCY  OF  THE
RECALLED  OFFICIAL,  THE  RECALLED  OFFICER  MAY NOT BE A CANDIDATE, NOR
SHALL THERE BY ANY CANDIDACY FOR AN OFFICE FILLED  PURSUANT  TO  SECTION
TWO OF ARTICLE SIX.
  C.  UPON  THE RECALL OF A STATE OFFICIAL IN THE OFFICE OF STATE SENATE
OR STATE ASSEMBLY, A SPECIAL ELECTION SHALL BE CALLED BY THE GOVERNOR TO
FILL THE VACANCY OF A STATE SENATE OR STATE ASSEMBLY DISTRICT.
  S 4. IF RECALL OF THE GOVERNOR IS ENACTED, THE DUTIES  OF  THE  OFFICE
SHALL BE PERFORMED BY THE LIEUTENANT GOVERNOR. IF RECALL OF THE LIEUTEN-
ANT  GOVERNOR IS ENACTED, THE DUTIES OF THE LIEUTENANT GOVERNOR SHALL BE
PERFORMED BY THE TEMPORARY PRESIDENT OF THE SENATE.  IF  RECALL  OF  THE
ATTORNEY  GENERAL  OR  COMPTROLLER  IS  ENACTED,  THE OFFICE OF ATTORNEY
GENERAL OR COMPTROLLER SHALL BE FILLED PURSUANT TO SECTION FORTY-ONE  OF
ARTICLE THREE OF THE PUBLIC OFFICERS LAW.
  S  5.  A  STATE OFFICER WHO IS NOT RECALLED SHALL NOT BE REIMBURSED BY
THE STATE  FOR  THE  OFFICER'S  RECALL  ELECTION  EXPENSES  LEGALLY  AND
PERSONALLY  INCURRED.  ANOTHER  RECALL  MAY NOT BE INITIATED AGAINST THE
OFFICER UNTIL SIX MONTHS AFTER THE RECALL.
  S 6. COSTS INCURRED BY THE COUNTY BOARD OF ELECTIONS FOR OPERATING THE
RECALL AND THE SPECIAL ELECTION SHALL BE REIMBURSED THROUGH THE  GENERAL
FUND OF NEW YORK STATE.
  S  2. Resolved (if the Senate concur), That the foregoing amendment be
referred 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.