senate Bill S5512

2013-2014 Legislative Session

Provides for the recall power of the electors to remove an elective officer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 11, 2014 opinion referred to judiciary
Jan 13, 2014 to attorney-general for opinion
Jan 08, 2014 referred to judiciary
Jun 18, 2013 opinion referred to judiciary
Jun 04, 2013 to attorney-general for opinion
May 16, 2013 referred to judiciary

S5512 - Bill Details

See Assembly Version of this Bill:
A6161A
Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Ren Art 20 to be Art 21, add Art 20 ยงยง1 - 6, Constn

S5512 - Bill Texts

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Provides for the recall power of the electors to remove an elective officer.

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BILL NUMBER:S5512

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 of an elective officer

PURPOSE OR GENERAL IDEA 0F BILL:

This bill adds a new article to the Constitution to allow for the
recall of elected State officials.

SUMMARY OF SPECIFIC PROVISIONS:

SECTION ONE: CREATION OF ARTICLE 20 OF THE NEW YORK STATE
CONSTITUTION, RECALL

Section 1 defines recall as the power of the electors to remove an
elective officer.

Section 2 details how to initiate the recall of a state officer.
Recall is initiated by a registration of intent to the State Board of
Elections. From that point, the petitioners have ninety days to gain
the necessary signatures. Sufficient signatures shall be 20% of the
registered voters that took part in the last election for that
official. Petitions shall be delivered, within 90 days, to the State
Board of Elections. The State Board of Elections shall maintain the
petitions. There shall be no recall power to remove judges.

Section 3 creates the protocol for the recall election. A recall
election shall take place no sooner than 70 days nor later than 90
days from when the petitions for recall were certified. If the voters
vote in favor of recall, the official is recalled and cannot run for
reelection for that office. The Governor shall call a special election
to fill the vacancy left by recall.

Section 4 provides the protocol in the event the Governor, Lieutenant
Governor, Comptroller or Attorney General are recalled.

Section 5 makes known that State officials who survive a recall
election shall not be reimbursed for campaign expenditures.

Section 6 states that costs incurred by the County Board of Elections
for the recall and special election shall be compensated by the State
of New York through the General Fund.

SECTION TWO: RESOLVED THAT IF PASSED BY THE SENATE AND ASSEMBLY IN TWO
CONSECUTIVE LEGISLATIVE SESSIONS, THE LEGISLATION SHALL BE PLACED ON
THE STATEWIDE BALLOT AS A REFERENDUM.

JUSTIFICATION:

Recall, the ability to remove and replace an elected official prior to
the completion of their term, is a privilege extended to citizens in
19 states. By extending this right to New Yorkers, we will be
providing them with a mechanism to remove officials who have breached
the public trust while creating a powerful deterrent for others who
might do the same.


PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE .DATE:

Resolved (if concurrence) 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.

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

                                  5512

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced by Sen. MARCHIONE -- 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 of an elective officer

  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
                                 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89069-03-3

S. 5512                             2

  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 Assembly 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.

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