assembly Bill A4070

2017-2018 Legislative Session

Relates to providing for the recall of an elected official

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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
Apr 30, 2018 enacting clause stricken
Jan 31, 2018 opinion referred to judiciary
Jan 08, 2018 to attorney-general for opinion
Jan 03, 2018 referred to election law
Feb 27, 2017 opinion referred to judiciary
Feb 02, 2017 to attorney-general for opinion
Feb 01, 2017 referred to election law

Co-Sponsors

Multi-Sponsors

A4070 (ACTIVE) - Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Ren Art 20 to be Art 21, add Art 20, Constn
Versions Introduced in 2015-2016 Legislative Session:
A8682

A4070 (ACTIVE) - Summary

Relates to providing for the recall of an elected official.

A4070 (ACTIVE) - Bill Text download pdf


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

                                  4070

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2017
                               ___________

Introduced by M. of A. SEPULVEDA, KOLB, LUPINACCI, WALTER, CROUCH, STECK
  --  Multi-Sponsored  by  --  M. of A. GALEF, LOPEZ, McLAUGHLIN -- 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.
  § 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.
  § 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;

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