senate Bill S1459

2017-2018 Legislative Session

Provides for recall; empowers the electors with the ability to remove elective officers

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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 15, 2018 opinion referred to judiciary
Jan 03, 2018 referred to judiciary
Feb 10, 2017 opinion referred to judiciary
Jan 13, 2017 to attorney-general for opinion
Jan 09, 2017 referred to judiciary

Co-Sponsors

S1459 (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 §§1 - 7, Constn
Versions Introduced in Other Legislative Sessions:
2011-2012: S5190
2013-2014: S329
2015-2016: S942

S1459 (ACTIVE) - Summary

Provides for recall which empowers the electors with the ability to remove elective officers in the state and a citywide official in a first class city.

S1459 (ACTIVE) - Sponsor Memo

S1459 (ACTIVE) - Bill Text download pdf


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

                                  1459

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 9, 2017
                               ___________

Introduced  by  Sens. AVELLA, PERALTA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Judiciary

            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.
  § 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.
  §  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
HELD NOT LESS THAN SIXTY DAYS NOR MORE THAN EIGHTY DAYS FROM THE DATE OF
CERTIFICATION OF SUFFICIENT SIGNATURES.

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

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