senate Bill S8069

2015-2016 Legislative Session

Provides for recall of elected officials

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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 (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 27, 2016 opinion referred to judiciary
Jun 22, 2016 to attorney-general for opinion
Jun 15, 2016 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1849
Jun 09, 2016 referred to rules

Co-Sponsors

S8069 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Ren Art 20 to be Art 21, add Art 20 ยงยง1 - 10, Constn
Versions Introduced in Other Legislative Sessions:
2017-2018: S2157
2019-2020: S1258

S8069 (ACTIVE) - Summary

Provides for recall; provides that any state or local officer, including the governor, lieutenant governor, comptroller, attorney general and state legislators may be recalled; requires a petition for recall of a statewide officer to be signed by electors equal in number to fifteen percent of the votes case in the last election for the office with signatures in each of the twenty-seven congressional districts equal in number to five percent of the last vote for the office in the district; makes related provisions.

S8069 (ACTIVE) - Sponsor Memo

S8069 (ACTIVE) - Bill Text download pdf

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

                                  8069

                            I N  S E N A T E

                              June 9, 2016
                               ___________

Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing the addition of a new  article  20  of  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
                                 RECALL
  SECTION  1.  ANY STATE OR LOCAL OFFICER MAY BE RECALLED. THESE INCLUDE
THE OFFICES OF  GOVERNOR,  LIEUTENANT  GOVERNOR,  COMPTROLLER,  ATTORNEY
GENERAL, STATE LEGISLATORS, COUNTY EXECUTIVES, MAYORS, AND TOWN SUPERVI-
SORS.  A STATE OR LOCAL OFFICER APPOINTED IN LIEU OF ELECTION OR TO FILL
A VACANCY IN ONE OF THESE OFFICES MAY ALSO BE RECALLED.
  S 2. RECALL OF A STATE OR LOCAL OFFICER IS INITIATED BY DELIVERING  TO
THE  STATE  BOARD OF ELECTIONS A PETITION ALLEGING REASONS FOR RECALL. A
RECALL PETITION MUST STATE CLEARLY AND  FACTUALLY  THE  REASON  FOR  THE
RECALL  BASED  CONDUCT  DURING  THE OFFICER'S TERM OF OFFICE. SUFFICIENT
REASON FOR RECALL SHALL BE ESTABLISHED IN THE CASE OF A STATE  OR  LOCAL
OFFICER  WHO HAS BEEN INDICTED FOR A FELONY RELATED TO PUBLIC OFFICE, OR
CONVICTED OF A MISDEMEANOR RELATED TO PUBLIC OFFICE.  NO PERSON  MAY  BE
RECALLED  FOR  PERFORMING A MANDATORY DUTY OF THE OFFICE HE OR SHE HOLDS
OR FOR NOT PERFORMING ANY ACT THAT, IF PERFORMED, WOULD SUBJECT  HIM  OR
HER TO PROSECUTION FOR OFFICIAL MISCONDUCT.  THE LEGISLATURE SHALL ENACT
LEGISLATION  TO  IMPLEMENT THIS SECTION TAKING INTO ACCOUNT INTERESTS OF
JUSTICE.  PROPONENTS HAVE NINETY DAYS TO FILE SIGNED PETITIONS.
  S 3. A PETITION TO RECALL A STATEWIDE OFFICER MUST BE SIGNED BY  ELEC-
TORS  EQUAL  IN  NUMBER TO FIFTEEN PERCENT OF THE VOTES CAST IN THE LAST
ELECTION FOR THE OFFICE WITH SIGNATURES  IN  EACH  OF  THE  TWENTY-SEVEN
CONGRESSIONAL DISTRICTS EQUAL IN NUMBER TO FIVE PERCENT OF THE LAST VOTE
FOR  THE  OFFICE  IN  THE  DISTRICT.   A PETITION TO RECALL SENATORS AND
MEMBERS OF THE ASSEMBLY MUST BE SIGNED BY ELECTORS IN THE DISTRICT EQUAL
IN NUMBER TO TWENTY PERCENT OF THE LAST VOTE FOR THE OFFICE. A  PETITION

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

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