senate Bill S8451

2017-2018 Legislative Session

Relates to providing for the recall of an elected official

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 (3)
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

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

S8451 (ACTIVE) - Summary

Relates to providing for the recall of an elected official.

S8451 (ACTIVE) - Sponsor Memo

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

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