The New York State Senate

                    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

                      [ ] is old law to be omitted.
                                                           LBD89116-02-6

A. 8682                             2

  (E)  A  FINDING OF PROBABLE CAUSE OF ETHICS VIOLATION HAS BEEN MADE BY
THE NEW YORK STATE JOINT COMMISSION ON PUBLIC ETHICS  OR  ANY  MUNICIPAL
ETHICS COMMISSION, OR NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT.
  3. A PETITION TO RECALL A STATE ELECTED OFFICIAL MUST BE SIGNED BY TEN
PERCENT OF ELIGIBLE VOTERS. SIGNATURES TO RECALL LOCAL ELECTED OFFICIALS
MUST EQUAL FIFTEEN PERCENT OF ELIGIBLE VOTERS.
  4.  THE  SECRETARY  OF  STATE SHALL MAINTAIN A CONTINUOUS COUNT OF THE
SIGNATURES CERTIFIED TO THAT OFFICE.
  S 4. 1. AN ELECTION TO DETERMINE WHETHER TO  RECALL  A  STATE  ELECTED
OFFICIAL  OR  LOCAL  ELECTED  OFFICIAL  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 SUFFI-
CIENT 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
WHICH THE RECALL ELECTION IS HELD, IF THE NUMBER OF VOTERS  ELIGIBLE  TO
VOTE  AT  THAT  NEXT  REGULARLY  SCHEDULED ELECTION EQUAL AT LEAST FIFTY
PERCENT OF ALL THE VOTERS ELIGIBLE TO VOTE AT THE RECALL ELECTION.
  3. IF THE MAJORITY VOTE ON THE QUESTION IS TO RECALL, THE  OFFICER  IS
REMOVED  AND,  IF  THERE  IS  A  CANDIDATE, THE CANDIDATE WHO RECEIVES A
PLURALITY IS THE SUCCESSOR. THE OFFICER MAY  NOT  BE  A  CANDIDATE,  NOR
SHALL THERE BE ANY CANDIDACY FOR AN OFFICE FILED PURSUANT TO SECTION TWO
OF ARTICLE SIX.
  S  5.  THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION, FILING, AND
CERTIFICATION OF PETITIONS, NOMINATION OF  CANDIDATES,  AND  THE  RECALL
ELECTION.
  S 6. IF RECALL OF THE GOVERNOR IS INITIATED, THE RECALL DUTIES OF THAT
OFFICE SHALL BE PERFORMED BY THE LIEUTENANT GOVERNOR.
  S  7.  IF  A  RECALL EFFORT IS UNSUCCESSFUL, ANOTHER RECALL MAY NOT BE
INITIATED AGAINST THE OFFICER UNTIL SIX MONTHS AFTER THE ELECTION.
  S 8. THE LEGISLATURE SHALL PROVIDE FOR RECALL OF LOCAL OFFICERS.  THIS
SECTION DOES NOT AFFECT COUNTIES AND CITIES WHOSE CHARTERS  PROVIDE  FOR
RECALL.
  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.