NY State Senate Bill 2017-S8451

Senate Bill S8451

2017-2018 Legislative Session

Relates to providing for the recall of an elected official

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2018	opinion referred to judiciary
May 18, 2018	to attorney-general for opinion
May 08, 2018	referred to judiciary

2017-S8451 (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, Constn

2017-S8451 (ACTIVE) - Summary

Relates to providing for the recall of an elected official.

2017-S8451 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8451

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a process for recall elections for state and local elected
officials.

 
SUMMARY OF SPECIFIC PROVISIONS:

Creates new Article 20 of the State Constitution. Defines recall term
and terms to who it will apply: state and local elected officials.

Recall would be initiated by a petition with reasons for recall being
delivered to the secretary of state.

Proponents would then have 90 days to file signed petitions.

A recall petition must clearly and factually state the reason or reasons
for recall, which must be based on the elected official's conduct during
his or her term of office.

Permissible reasons shall include: physical or mental lack of fitness,
or act of malfeasance or misconduct while in office, violation of oath
of office, failure to perform duties prescribed by law, willfully misus-
ing, converting, or misappropriation, without authority, of public prop-
erty or public funds entrusted to or associated with the elective office
to which the official has been elected or appointed, a finding of proba-
ble 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.

Petition for state elected official must be signed by 10% of eligible
voters. Petition for local elected official recall must be signed by 15%
of eligible voters.

Recall election and successor elections would be called by the governor
and held no less than 60 days and no more than 80 days from certif-
ication of sufficient signatures. A recall election may be conducted
within 180 days from the date of certification of sufficient signatures
in order that the election may be consolidated with the next regularly
scheduled election occurring in that jurisdiction. If the voters vote in
favor of recall, the official is recalled and cannot run for reelection
for that office.

If recall of the governor is initiated, the recall duties of that office
shall be performed by the lieutenant governor.

If recall is unsuccessful, another recall cannot be initiated for 6 more
months.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

N/A

 
JUSTIFICATION:

Unlike 19 other states in the nation, there is no recall system for
voters in New York State to remove an elected official. The power to
remove a local elected official rests solely with the Governor for some
local elected officials.

New York's electorate has been shaken by bad actions of the few elected
officials who are charged with upholding and creating laws but are
instead breaking them. Confidence in government and in those elected to
govern is at an all-time low. The confidence of the electorate needs to
be rebuilt. By extending this right to remove and replace an elected
official, prior to the completion of their term, to New Yorkers, we will
be providing them with a mechanism to remove officials who have breached
the public trust while creating a powerful deterrent for others who
might do the same. It is time to remind all of our elected officials
that, in a democracy, the power rests with the voters and not with the
people they put into office. The public should not have to wait until
the end of an officials elected term to hold that person accountable for
his or her actions.

Currently, until convicted of a felony, the electorate has no way of
holding its elected officials accountable. Even judges break ethical
standards and are only rarely removed for those violations and usually
are only censured after the first or second misstep.

This legislation provides for specific reasons permitted for a recall
and a high amount of needed signatures for recall election to be called.
Such will prevent recalls for strictly political reasons.

 
PRIOR LEGISLATIVE HISTORY:

2016: A.8682 Opinion Referred to Judiciary

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
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.

2017-S8451 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8451
 
                             I N  S E N A T E
 
                                May 8, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 the recall of an elected official
 
   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 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;
   (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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89085-01-7

 S. 8451                             2
 
   (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 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.

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