assembly Bill A8682

2015-2016 Legislative Session

Relates to providing for the recall of an elected official

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 05, 2016 opinion referred to judiciary
Jan 13, 2016 to attorney-general for opinion
Jan 12, 2016 referred to election law

Co-Sponsors

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Multi-Sponsors

A8682 - Details

Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Ren Art 20 to be Art 21, add Art 20, Constn

A8682 - Summary

Relates to providing for the recall of an elected official.

A8682 - Bill Text download pdf

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

                                  8682

                          I N  A S S E M B L Y

                            January 12, 2016
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
  Committee on Election Law

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

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

  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 OF AN ELECTED OFFICER
  SECTION  1.  RECALL  IS THE POWER OF THE ELECTORS TO REMOVE AN ELECTED
OFFICER.
  S 2. FOR PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS SHALL  HAVE  THE
FOLLOWING  MEANINGS: 1."STATE ELECTED OFFICIAL" SHALL MEAN THE GOVERNOR,
THE LIEUTENANT GOVERNOR, THE COMPTROLLER,  THE  ATTORNEY  GENERAL  OR  A
MEMBER OF THE STATE LEGISLATURE; AND
  2.  "LOCAL ELECTED OFFICIAL" SHALL MEAN ANY OFFICER ELECTED TO A POSI-
TION WITH A COUNTY, CITY, TOWN, VILLAGE,  SCHOOL  DISTRICT  OR  DISTRICT
CORPORATION,  OR  ANY AGENCY, DEPARTMENT, DIVISION, BOARD, COMMISSION OR
BUREAU THEREOF OR A JUDGE OR JUSTICE OF THE SUPREME COURT, TRIAL  COURT,
COUNTY COURT OR LOCAL COURT.
  S  3.  1. RECALL OF A STATE ELECTED OFFICIAL OR LOCAL ELECTED OFFICIAL
IS INITIATED BY DELIVERING TO THE SECRETARY OF STATE A PETITION ALLEGING
REASON FOR RECALL. PROPONENTS HAVE NINETY DAYS TO FILE SIGNED PETITIONS.
  2. A RECALL PETITION MUST STATE CLEARLY AND FACTUALLY  THE  REASON  OR
REASONS  FOR  THE  RECALL, WHICH MUST BE BASED ON THE ELECTED OFFICIAL'S
CONDUCT DURING HIS OR HER TERM OF OFFICE.    PERMISSIBLE  REASONS  SHALL
INCLUDE:
  (A)  PHYSICAL  OR  MENTAL  LACK  OF  FITNESS, OR ACT OF MALFEASANCE OR
MISCONDUCT WHILE IN OFFICE;
  (B) VIOLATION OF OATH OF OFFICE;
  (C) FAILURE TO PERFORM DUTIES PRESCRIBED BY LAW;
  (D) WILLFULLY MISUSED, CONVERTED, OR MISAPPROPRIATED, WITHOUT AUTHORI-
TY, PUBLIC PROPERTY OR PUBLIC FUNDS ENTRUSTED TO OR ASSOCIATED WITH  THE
ELECTIVE OFFICE TO WHICH THE OFFICIAL HAS BEEN ELECTED OR APPOINTED; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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