Senate Bill S942A

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

                                 942--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sens. AVELLA, PERALTA -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Judiciary  --
  recommitted  to  the  Committee on Judiciary in accordance with Senate
  Rule  6,  sec.  8  --  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

  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
  SECTION 1.  RECALL IS THE POWER OF THE ELECTORS TO REMOVE AN  ELECTIVE
OFFICER.
  S  2.  1. RECALL OF A STATE OFFICER OR OF CITYWIDE OFFICIAL IN A FIRST
CLASS CITY IS INITIATED BY DELIVERING TO THE SECRETARY OF STATE A  PETI-
TION  ALLEGING  REASON  FOR RECALL. SUFFICIENCY OF REASON IS NOT REVIEW-
ABLE. PROPONENTS HAVE ONE HUNDRED SIXTY DAYS TO FILE SIGNED PETITIONS.
  2. A PETITION TO RECALL A STATEWIDE OFFICER MUST BE SIGNED BY ELECTORS
EQUAL IN NUMBER TO TWELVE PERCENT OF THE LAST VOTE FOR THE OFFICE,  WITH
SIGNATURES  FROM EACH OF FIVE COUNTIES EQUAL IN NUMBER TO ONE PERCENT OF
THE LAST VOTE FOR  THE  OFFICE  IN  THE  COUNTY.  SIGNATURES  TO  RECALL
SENATORS,  MEMBERS  OF  THE  ASSEMBLY,  AND JUDGES OF SUPREME COURTS AND
TRIAL COURTS MUST EQUAL IN NUMBER TWENTY PERCENT OF THE  LAST  VOTE  FOR
THE OFFICE.
  3. A PETITION TO RECALL A CITYWIDE OFFICIAL IN A FIRST CLASS CITY MUST
BE SIGNED BY ELECTORS EQUAL IN NUMBER TO TWENTY PERCENT OF THE LAST VOTE
FOR THE OFFICE.
  4.  THE  SECRETARY  OF  STATE SHALL MAINTAIN A CONTINUOUS COUNT OF THE
SIGNATURES CERTIFIED TO THAT OFFICE.
  S 3. 1. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER AND,  IF
APPROPRIATE,  TO  ELECT  A SUCCESSOR SHALL BE CALLED BY THE GOVERNOR AND

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

                                                           LBD89003-02-6

S. 942--A                           2

HELD NOT LESS THAN SIXTY DAYS NOR MORE THAN EIGHTY DAYS FROM THE DATE OF
CERTIFICATION OF SUFFICIENT 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 4. THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION,  FILING,  AND
CERTIFICATION  OF  PETITIONS,  NOMINATION  OF CANDIDATES, AND THE RECALL
ELECTION.
  S 5. IF RECALL OF THE GOVERNOR OR SECRETARY OF STATE IS INITIATED, THE
RECALL DUTIES OF THAT OFFICE SHALL BE PERFORMED BY THE LIEUTENANT GOVER-
NOR OR COMPTROLLER, RESPECTIVELY.
  S 6. A STATE OFFICER OR CITYWIDE OFFICIAL IN A FIRST CLASS CITY WHO IS
NOT RECALLED SHALL BE REIMBURSED BY THE STATE OR RESPECTIVE CITY 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 ELECTION.
  S  7. 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 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.