Assembly Bill A4070

                            
 
                     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
              

                       [ ] is old law to be omitted.
                                                            LBD89085-01-7

 A. 4070                             2
 
   (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
   (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.
   §  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.
   § 5. THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION,  FILING,  AND
 CERTIFICATION  OF  PETITIONS,  NOMINATION  OF CANDIDATES, AND THE RECALL
 ELECTION.
   § 6. IF RECALL OF THE GOVERNOR IS INITIATED, THE RECALL DUTIES OF THAT
 OFFICE SHALL BE PERFORMED BY THE LIEUTENANT GOVERNOR.
   § 7. IF A RECALL EFFORT IS UNSUCCESSFUL, ANOTHER  RECALL  MAY  NOT  BE
 INITIATED AGAINST THE OFFICER UNTIL SIX MONTHS AFTER THE ELECTION.
   § 8. THE LEGISLATURE SHALL PROVIDE FOR RECALL OF LOCAL OFFICERS.  THIS
 SECTION  DOES  NOT AFFECT COUNTIES AND CITIES WHOSE CHARTERS PROVIDE FOR
 RECALL.
   § 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.