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.
              

                                                           LBD89124-05-6

S. 8069                             2

TO  RECALL  A  LOCAL  OFFICER MUST BE SIGNED BY ELECTORS IN THE DISTRICT
EQUAL IN NUMBER TO THIRTY PERCENT OF THE LAST VOTE FOR THE OFFICE.
  S 4. THE STATE BOARD OF ELECTIONS SHALL MAINTAIN A CONTINUOUS COUNT OF
THE SIGNATURES CERTIFIED TO SUCH OFFICE.
  S  5.  AN  ELECTION  TO DETERMINE WHETHER TO RECALL AN OFFICER 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 SUFFICIENT SIGNATURES.
  S 6. 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 EQUALS AT LEAST FIFTY
PERCENT OF ALL VOTERS ELIGIBLE TO VOTE AT THE RECALL ELECTION.
  S 7. IF THE MAJORITY VOTE ON THE QUESTION IS TO  RECALL,  THE  OFFICER
SHALL BE REMOVED AND A SPECIAL ELECTION SHALL BE CALLED BY THE GOVERNOR.
A SPECIAL ELECTION SHALL NOT BE CALLED WITHIN ONE HUNDRED EIGHTY DAYS OF
A GENERAL ELECTION FOR THE OFFICE.  THE CANDIDATE WHO RECEIVES A PLURAL-
ITY IS THE SUCCESSOR.  THE OFFICER MAY NOT BE A CANDIDATE.
  S 8. THE LEGISLATURE SHALL PROVIDE FOR CIRCULATION FILING, AND CERTIF-
ICATION  OF  PETITIONS,  NOMINATIONS  OF CANDIDATES, AND RECALL ELECTION
PROCEDURES.
  S 9. IF THE RECALL OF THE GOVERNOR OR SECRETARY OF STATE IS INITIATED,
THE RECALL DUTIES OF THAT OFFICE SHALL BE PERFORMED  BY  THE  LIEUTENANT
GOVERNOR OR COMPTROLLER, RESPECTIVELY.
  S 10.  COUNTIES, CITIES, TOWNS AND VILLAGES MAY PROVIDE FOR ADDITIONAL
GROUNDS FOR RECALLS.
  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.