The New York State Senate

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

                                  2157

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced  by  Sens.  SERINO,  CROCI,  MURPHY -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

            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.
  §  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.
  §  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

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

                      [ ] is old law to be omitted.
                                                           LBD89048-01-7

S. 2157                             2

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
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.
  § 4. THE STATE BOARD OF ELECTIONS SHALL MAINTAIN A CONTINUOUS COUNT OF
THE SIGNATURES CERTIFIED TO SUCH OFFICE.
  § 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.
  § 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.
  §  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.
  § 8. THE LEGISLATURE SHALL PROVIDE FOR CIRCULATION FILING, AND CERTIF-
ICATION OF PETITIONS, NOMINATIONS OF  CANDIDATES,  AND  RECALL  ELECTION
PROCEDURES.
  § 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.
  § 10.  COUNTIES, CITIES, TOWNS AND VILLAGES MAY PROVIDE FOR ADDITIONAL
GROUNDS FOR RECALLS.
  § 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.